The California bail bond industry’s influence on how county jails operate is costly to taxpayers and injurious to the poor, according several recent reports.
In California, 71 percent of the people in county jails are awaiting trial — far exceeding the national average of 61 percent, according to a report by the ACLU. Nationwide, the percentage has increased more than 20 percent in the last decade, found a report by the Justice Policy Institute.
The state’s pretrial detainee population costs taxpayers approximately $100 per day or $1.8 billion annually, according to a report by the Center on Juvenile and Criminal Justice. Approximately half of these people have been found eligible for bail — meaning they do not pose a flight risk or a risk to society — but cannot afford it, so they remain incarcerated until their trial is over, which can take months or years.
Notably, when bail decisions are made by commercial bail industry administrators, the only relevant factor is the person’s assets, regardless of risk factors that might show the person is a danger to public safety, finds the CJCJ report. In addition, bail bondsmen are not obligated to prevent criminal activity of their clients.
The reports point out that bail policies do not ensure public safety and discriminate against those who cannot afford bail, which results racial disparities. A 2003 study found that Latino and black defendants are more likely than white defendants to be held in jail because of an inability to post bail.
In order to reduce the pretrial detainee population in California, jurisdictions must reduce the use of the money-based bail system and instead base release decisions on individualized risk assessments, like family ties, employment, and length of time the person has been in the community, suggests the CJCJ report. Counties should make a commitment to utilize risk assessment tools and pretrial service programs, and also ensure that these programs are funded adequately so that they can function safely, efficiently, and sufficiently.
