e released on their own recognizance, or making pretrial defendants eligible for existing homedetention programs previously available only to sentenced inmates.Only two <strong>of</strong> the county plans clearly specified an actual budget allocation for pretrial programs:Fresno and Sacramento. A third, San Joaquin, allocates $70,000 from the AB 109 training andimplementation grant to implement a Pretrial Assessment tool for the Court to utilize in determiningwhich individuals are appropriate for release. However, the plan does not provide for any pretrialservices or programming beyond theassessment tool.The 17 remaining counties eithermade no mention <strong>of</strong> the pretrialpopulation, or per functorilyacknowledged that supervisedrelease and alternatives to custodywere authorized for the pretrialpopulation under AB 109 withoutmaking any commitment to institutethem.<strong>California</strong>’s average pretrialpopulation (71 percent <strong>of</strong> the totaljail population) is significantlyhigher than the national average (61percent). 82 All but five <strong>of</strong> the Big 25counties struggle with pretrial jailpopulations exceeding the nationalaverage. Of the remaining twentycounties, all but four exceed eventhe bloated state-wide average.(See Figure F). <strong>California</strong> countiesought to be aggressively pursuinginnovative strategies to reduce theirpretrial populations, rather thanseeking to expand jail capacity.In early 2012, the proportion <strong>of</strong>county jail populations in <strong>California</strong>that were pretrial began to fall notbecause the pretrial populationdeclined, but because the number <strong>of</strong>sentenced inmates increased,24
ecause pursuant to AB 109, individuals sentenced for low-level, non-violent felonies were no longerbeing transferred to state correctional facilities. In light <strong>of</strong> AB 109’s impact on newly-sentenced jailpopulations, it is now more essential than ever that counties address their failed pretrial policies andreserve jail space for people who pose a risk to public safety.Allowing greater numbers <strong>of</strong> low-risk individuals to be released, with monitoring where necessary,pending trial will improve public safety outcomes and cost less than incarceration. In addition t<strong>of</strong>reeing jail space for those who present the highest public safety risk, expanded pretrial releasepolicies allow defendants to maintain employment and provide family support, minimizing thedisruption to individual lives and communities that all too <strong>of</strong>ten leads to further destabilization andcrime.<strong>California</strong> Models for Pretrial PoliciesSome forward-thinking counties took steps to manage their jail populations through pretrialalternatives well before realignment. Napa and Santa Cruz counties provide models <strong>of</strong> best practicesthat other counties should adopt.Napa County’s Day Reporting CenterLike almost all <strong>California</strong> counties, Napa County faced a jail overcrowding and associated fiscalcrisis by 2000. After determining that more than 80 percent <strong>of</strong> their jail population were individualsawaiting trial, the sheriff, district attorney and courts began working together to develop pretrialalternatives to incarceration. 83 Instead <strong>of</strong> constructing a costly new jail, Napa built a “CommunityCorrections Service Center,” which serves as the headquarters for all risk-assessment, supervisionand services for those released from jail pending trial, or who have been released on probation. Theprograms and services provided through the Center include day reporting, drug screening, electronicmonitoring, various substance abuse and mental health treatment services and other classes andtraining designed to address the needs that have been shown to drive criminal behavior. 84 A decadelater, the county’s pretrial detention rate has dropped below the state-wide average to 65 percent. 85Santa Cruz County’s Pretrial Services ProgramSanta Cruz County’s Main Jail was over capacity soon after opening its doors in 1981. By 2004,overcrowding reached such proportions that a Grand Jury Report deemed the jail dangerous forinmates and staff alike. 86 After analyzing its jail population, Santa Cruz County found that manylow-risk pretrial defendants were likely unnecessarily occupying jail beds. In 2005, the probationdepartment began working with the sheriff’s detention staff to introduce a validated risk assessmenttool to identify whether pretrial defendants posed significant risks to the community. Theyrecommended that the courts release low-risk defendants on their own recognizance, withoutrequiring bail. Probation staff also developed a supervision program and reporting rules for thosereleased pretrial. After two years, Santa Cruz found that fully 92 percent <strong>of</strong> supervised pretrialparticipants did not re-<strong>of</strong>fend, and 89 percent made all <strong>of</strong> their court appearances. 87 Ninety jail beds aday were saved (a 25 percent reduction in average daily population), thus amounting to significant25
- Page 1 and 2: PUBLIC SAFETYREALIGNMENTCaliforniaa
- Page 3 and 4: CONTENTS1 Executive Summary3 Introd
- Page 5 and 6: EXECUTIVE SUMMARYCalifornia is at a
- Page 7 and 8: INTRODUCTIONOur criminal justice sy
- Page 9 and 10: MethodologyFor this new report, the
- Page 11 and 12: a transfer of incarceration respons
- Page 13 and 14: adult felons and facilitate their r
- Page 15 and 16: 805,000, received about $5.2 millio
- Page 17 and 18: standardized data on public safety
- Page 19 and 20: educational opportunities when they
- Page 21 and 22: By November 2009, eleven counties h
- Page 23 and 24: population. 63 The percentages of n
- Page 25 and 26: Under the money-based bail system,
- Page 27: The money-based bail system, with b
- Page 31 and 32: standard for pretrial programming
- Page 33 and 34: Counties can free up jail beds by t
- Page 35 and 36: esidential or nonresidential substa
- Page 37 and 38: • The instrument should equitably
- Page 39 and 40: individuals arrested for drug posse
- Page 41 and 42: Flash IncarcerationAlthough graduat
- Page 43 and 44: create new “Alternative Sentencin
- Page 45: RECOMMENDATIONSIt’s time to fix C
- Page 48 and 49: ENDNOTES1See Adam Liptak, Inmate Co
- Page 50 and 51: 16 Information about the ballot int
- Page 52 and 53: http://www.lao.ca.gov/ballot/2009/0
- Page 54 and 55: 62 The Bureau of Justice Statistics
- Page 56 and 57: 94 Id.95 The District of Columbia J
- Page 58 and 59: 125 See Butte County Public Safety
- Page 60 and 61: APPENDIX AProfiles of the “Big 25
- Page 62 and 63: State Prison “High Use” Countie
- Page 64 and 65: • Contra Costa County: The County
- Page 66 and 67: categorized amounts shown in the pr
- Page 68 and 69: Contra CostaCounty Population/ranki
- Page 71 and 72: KingsCounty Population/ranking: #32
- Page 73 and 74: MontereyCounty Population/ranking:
- Page 75 and 76: PlacerCounty Population/ranking: #2
- Page 77 and 78: SacramentoCounty Population/ranking
- Page 79 and 80:
San DiegoCounty Population/ranking:
- Page 81 and 82:
San JoaquinCounty Population/rankin
- Page 83 and 84:
Santa BarbaraCounty Population: #18
- Page 85 and 86:
ShastaCounty Population: #30 (107,6
- Page 87 and 88:
SonomaCounty Population: #17 (310,0
- Page 89 and 90:
TulareCounty Population: #21 (256,2
- Page 91 and 92:
YoloCounty Population: #28 (135,447
- Page 93 and 94:
Mental Health Department for a Mult
- Page 95 and 96:
Best of the Best:Model Evidence-bas
- Page 97 and 98:
Trinity County’s realignment plan
- Page 99 and 100:
Attorney may work together to devel
- Page 101 and 102:
alternative sentencing strategies f
- Page 103 and 104:
APPENDIX CEducation and Job Trainin
- Page 105 and 106:
Programs: What Works and What Does
- Page 107 and 108:
APPENDIX DDrug Courts: Alternatives
- Page 109 and 110:
o including alcohol and drug treatm
- Page 112:
ACLU of Northern California39 Drumm