California's Bail System Is 'Unsafe And Unfair,' Study Finds

The national effort to get states to move away from a bail system based on money — something detractors call unjust and antiquated — got a big boost this week: A yearlong study backed by the California's Chief Justice recommended money bail be abolished and replaced with a system that includes robust safety-assessments and expanded pretrial services.

Calling the state's commercial bail system "unsafe and unfair," a working group created by California's Chief Justice Tani Cantil-Sakauye argues that the state's bail system bases a defendant's liberty too much on his or her finances, rather than an assessment of whether the defendant is a flight or safety risk.

"Therein lies the fundamental fairness issue of, is there a two-tier justice system that is operating here?" asks Martin Hoshino, who heads the Judicial Council of California, which is an advisory and policymaking council of the state's courts.

This week's report says those of means awaiting trial often have the ability to pay their way out, while most low-income people simply do not.

"These recommendations reflect the overwhelming belief that wealth-based justice is not justice at all," says Assemblyman Rob Bonta, D-Oakland, who along with state Sen. Bob Hertzberg, D-Van Nuys, co-authored a bill proposing big changes to cash bail.

"For too long, California has forced people who don't pose a threat to the public and who have not been convicted of a crime to sit in jail and face losing their jobs, their cars, their homes and even their children if they can't afford to buy their freedom," Rep. Bonta says.

State lawmakers have pledged to take up bail reform when the California legislature reconvenes in January, and it also has the backing of the state's governor, Democrat Jerry Brown. This new report puts significant judicial weight behind those efforts — which are likely to become the nation's biggest experiment in moving away from commercial bail. - More, NPR

California's Bail System Is 'Unsafe And Unfair,' Study Finds

Report Calls California's Bail System 'Unsafe And Unfair' And Recommends It Be Reformed