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Pandemic Policymaking and Changed Outcomes in Criminal Courts

By Heather Harris

California’s criminal courts quickly adopted policies to address COVID-19. But uneven adoption around the state affected who might face those policies—as well as whether people were convicted and the sentences handed out. In particular, remote hearings contributed to racial differences in outcomes, which may influence whether such hearings continue.

Report

Assessing the Impact of COVID-19 on Arrests in California

By Deepak Premkumar, Thomas Sloan, Magnus Lofstrom, Joseph Hayes

At the onset of COVID-19, California’s criminal justice system was affected by shelter-in-place orders and other public health measures, along with law enforcement directives intended to minimize exposure to the virus. We found that pandemic arrest trends mirror mobility patterns, particularly early on. But other factors, such as a shift in policing strategies, also played a role.

Report

Police Use of Force and Misconduct in California

By Deepak Premkumar, Alexandria Gumbs, Shannon McConville, Renee Hsia

Nearly 200 Californians die each year in police encounters. Amid growing concern over civilian deaths and racial injustice, we examine what the existing data can—and cannot—tell us about police use of force and misconduct. We also offer recommendations for strengthening the state’s ongoing efforts to improve police transparency and accountability.

Report

Racial Disparities in Law Enforcement Stops

By Magnus Lofstrom, Joseph Hayes, Brandon Martin, Deepak Premkumar

Recent debate over police reforms has centered on how law enforcement engages with people of color, prompted by continuing concerns over racial inequities in criminal justice. In our analysis of data for nearly 4 million stops, we examine how interactions—ranging from search to use of force—differ for Black and white people, while considering factors such as stop context and law enforcement agency.

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

Public Safety Realignment: Impacts So Far

By Magnus Lofstrom, Brandon Martin

Prompted by a federal court order to reduce prison overcrowding, California’s 2011 historic public safety realignment shifted many correctional responsibilities for lower-level felons from the state to counties. The reform was premised on the idea that locals can do a better job, and it was hoped that incarceration rates and corrections costs would fall. At the same time, critics predicted crime would rise. Four years since its implementation, realignment has made several important impacts:

  • Realignment significantly reduced the prison population, but the state did not reach the court-mandated population target until after the passage of Proposition 47 in November 2014, which reduced penalties for many property and drug offenses.
  • The reform challenged county jails and probation departments by making them responsible for a greater number of offenders with a broader range of backgrounds and needs.
  • The county jail population did not rise nearly as much as the prison population fell, reducing the total number of people incarcerated in California.
  • Realignment did not increase violent crime, but auto thefts rose.
  • Research so far shows no dramatic change in recidivism rates.
  • State corrections spending remains high, but there is reason to believe expenditures could drop in the future.

Realignment has largely been successful, but the state and county correctional systems face significant challenges. The state needs to regain control of prison medical care, which is now in the hands of a federal receiver. And the state and counties together must make progress in reducing stubbornly high recidivism rates.

Report

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.

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