Report Pretrial Release in California By Sonya Tafoya, Mia Bird, Ryken Grattet, Viet Nguyen May 3, 2017 About 42% of individuals booked on misdemeanors or felonies are released pretrial. For less serious offenses, the most common form of release is cite and release; for more serious offenses, bail is predominant. Our analysis suggests there is room to improve California's pretrial system in a way that could lower incarceration without affecting public safety. This research was supported with funding from the National Institute of Justice.
Report California’s County Jails in the Era of Reform By Sonya Tafoya, Mia Bird, Ryken Grattet, Viet Nguyen Sep 26, 2016 California’s county jails have been profoundly affected by several reforms over the last decade. Most importantly, in 2011, public safety realignment shifted responsibility for large numbers of non-serious, non-violent, and non-sexual offenders from state prisons to county correctional systems. This lowered the state prison population—allowing prisons to prioritize beds for more serious offenders—but increased county jail populations. Three years later, Proposition 47 downgraded a range of drug and property offenses from potential felonies to misdemeanors. The reduced population pressure has allowed jails to prioritize beds for more serious drug and property offenders who are no longer eligible for prison. Despite the growing importance of jails, little is known about the basic characteristics of jail populations. In this report, we analyze state and local data on individuals moving through county correctional systems. Using data from 11 counties, we find that: Reforms altered the offender composition of the jail population, especially among those held on drug and property crimes. After three years under realignment, the number of drug and property offenders in jails increased by 55 percent and 40 percent, respectively. One year after the passage of Proposition 47, the number of drug and property offenders fell by 35 percent and 13 percent, respectively. Length of stay for felony drug and property offenders increased after realignment. For example, median time served for felony drug offenders released in October 2011 was 45 days, compared to 98 days for those released in October 2015. However, length of stay for people who served time for misdemeanors and felony crimes against persons has remained stable. Releases due to overcapacity rose under realignment and dropped after Proposition 47, when jail population pressure eased. The demographic composition of jails has largely remained stable. But the age distribution does show modest signs of change: the share of those ages 18–21 in jail has decreased slightly, as the share of those in their 30s has increased. As jail populations shift toward more serious drug and property offenders, counties and the state will need to consider how jail security and rehabilitative programs might be made more effective. While researchers and policymakers continue to examine the longer-term effects of realignment and Proposition 47, it is also important to keep in mind that the recent reprioritization of jail beds may have implications for crime and recidivism.
blog post Testimony: Bail and Pretrial Detention By Sonya Tafoya Feb 19, 2016 California’s median bail amount is five times higher than the rest of the nation. Its large urban counties are also more likely than similar counties in the US to hold unsentenced defendants in jail pending trial.
Report Pretrial Detention and Jail Capacity in California By Sonya Tafoya Jul 22, 2015 California’s persistently overcrowded jails are facing additional challenges now that public safety realignment has shifted many lower-level offenders from state prisons to county supervision. Jail capacity challenges are prompting a reconsideration of California’s heavy reliance on holding unsentenced defendants in jail pending trial—known as pretrial detention. The legal rationale for pretrial detention is to ensure court appearances and preserve public safety. But California’s high rates of pretrial detention have not been associated with lower rates of failure to appear or lower levels of felony rearrests. This report concludes that pretrial services programs—if properly implemented and embraced by the courts, probation, and the jails—could address jail overcrowding and improve the efficiency, equitability, and transparency of pretrial release decision making.
Report Alternatives to Incarceration in California By Ryken Grattet, Brandon Martin Apr 17, 2015 Three-plus years after implementing a major realignment of its public safety systems, California continues to face pressure to reduce both its prison and jail populations. California relied on some alternatives to custody-based punishment before realignment but it has been expanding its use of others. Current research on the effects of incarceration and its alternatives offers a general endorsement of the idea that increasing reliance on community-based alternatives is not likely to result in large increases in crime and recidivism. The evidence suggests that the effectiveness of both incarceration and community-based supervision depends on a number of factors, including the rate of incarceration in a given community, the offender characteristics, and the nature of the response to violations during and after supervision. Finally, intensive data collection on county implementation efforts can help the state identify the community-based strategies that produce the best outcomes.
Report Key Factors in California’s Jail Construction Needs By Magnus Lofstrom, Brandon Martin May 7, 2014 Now that California has shifted responsibility for many criminal offenders to the counties, county jail systems face greater capacity challenges. This report highlights two important factors in addressing jail capacity constraints: aging jail facilities and long-term needs. We show that a number of facilities are old and likely in need of costly updates or replacement and that growth in the state’s population is likely to exert significant pressure on the county jail system. Our analysis suggests that a thoughtful combination of further jail construction and decreased reliance on incarceration is needed, given the magnitude of the current and future jail needs.
Report Capacity Challenges in California’s Jails By Magnus Lofstrom, Katherine Kramer Sep 27, 2012 In an effort widely known as "realignment,” California has given its counties enormous new responsibilities for corrections—including authority over many new types of felony offenders and parolees. Rather than go to state prison, these offenders now go to county jail or receive an alternative sanction. In the first few months of realignment, California’s jail population increased noticeably—but many jails were already facing capacity concerns. We find that some offenders who would have been incarcerated prior to realignment are now either not locked up or are not spending as much time in jail. Going forward, counties will need to consider a wide variety of approaches for handling their capacity concerns and their expanded offender populations.
