Public Safety Realignment - ACLU of Northern California

individuals and families used their homes as collateral to raise funds to pay for bail. However,bankruptcies, foreclosures, and plunging home values mean that fewer people are able to use theirhomes as collateral. 74The financial terms of bail also result in disparate outcomes based on race and ethnicity. Latino andblack defendants are more likely than white defendants to be held in jail because of an inability topost bail. 75Furthermore, pretrial detention makes itmore difficult to mount an adequate defensein court. It is difficult to meet with defenseattorneys while detained in jail, and thedisruption of incarceration to family,employment, and community tiesstigmatizes defendants. 76 Defendants whoare detained pending trial are more likely toplead guilty and receive longer sentences ifconvicted, compared to those releasedpending trial. This is true even controllingfor other relevant factors, such as currentcharge, criminal history, and whetherrepresented by appointed or retained counsel. 77Unnecessary Risks to Public SafetyMost importantly, California’s money-based bail system fails to accurately assess and manage riskamong pretrial populations. There is no evidence that a defendant’s ability to afford bail correlates totheir risk of committing a new crime while out on bail, or even their likelihood of appearing in court.Pretrial risk assessment research over the past 30 years, however, has identified common factors thatdo accurately predict court appearance and/or danger to the community. These factors include: 78• Current charge• Whether the defendant had outstanding warrants at the time of arrest• Whether the defendant had pending charges at the time of arrest• History of criminal convictions• History of failure to appear in court• History of violence• Residence stability• Employment stability• Community ties• History of substance abuse.22