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Report

Proposition 47’s Impact on Racial Disparity in Criminal Justice Outcomes

By Magnus Lofstrom, Brandon Martin, Steven Raphael

Proposition 47, which reclassified a number of drug and property offenses from felonies to misdemeanors, has led to a marked decrease in racial disparities in arrests and bookings in California. But rates remain significantly higher for African Americans than for other groups.

Report

Pretrial Risk Assessment in California

By Heather Harris, Justin Goss, Alexandria Gumbs

Pretrial risk assessment can help counties decide whether arrestees should stay in the community or be detained while their cases are pending. But counties may face challenges in ensuring their risk assessment systems promote accuracy and equity.

blog post

Can Pretrial Decisions Be Improved?

By Heather Harris, Justin Goss

California is considering the end of cash bail, placing even greater importance on the use—and improvement—of pretrial risk assessment tools.

blog post

Pretrial Risk and Cash Bail

By Justin Goss

Reforming the bail system could save funds and free up scarce jail beds—even while maintaining public safety.

Report

Pretrial Release in California

By Sonya Tafoya, Mia Bird, Ryken Grattet, Viet Nguyen

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

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

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.

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