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Pretrial Detention and Jail Capacity in California

By Sonya Tafoya

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

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.

blog post

Will Proposition 47 Save Money?

By Sonya Tafoya, Magnus Lofstrom

Proposition 47 may result in substantial savings because fewer inmates will be housed in county jails. But a closer look suggests expectations may be too optimistic.

Report

Is Public Safety Realignment Reducing Recidivism in California?

By Steven Raphael, Magnus Lofstrom, Ryken Grattet

Despite sweeping changes to the state’s corrections system, California has not seen dramatic changes in arrests or convictions of released offenders. Overall arrest rates are down. But convictions are up, likely a reflection of new prosecutorial processes. Multiple arrests are also up, possibly because released offenders are now spending more time on the streets.

This research was supported with funding from the Smith Richardson Foundation.

blog post

State Leaders: More Data Needed on Rehabilitation Efforts

By David Lesher

The state has recently directed more than $1 billion toward new jail beds at the local level. But state policymakers are also focusing on alternatives to incarceration that will reduce recidivism, deter criminal behavior, and save money.

Report

Capacity Challenges in California’s Jails

By Magnus Lofstrom, Katherine Kramer

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.

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