Bail system unfair, needs reform now

Editorial

California has a chance this spring to reform one of the most egregiously unfair elements of our criminal justice system: Bail. The system of relying on monetary payments to ensure that suspects show up for court, and setting the amount with no regard to the suspect’s ability to pay, keeps poor and minority defendants behind bars while wealthy folks charged with the same crimes can be out in a day and back to work and family until the next court date.

Some low–income defendants who can’t afford bail plead guilty to minor crimes just to get out of jail. Or their families pay thousands of dollars — non-refundable — to bail bond companies to get them out. Rich suspects don’t need bail bonds. They can just write a check to the court for bail, knowing it will be returned when the case is resolved.

To fix this inherent inequality, the Legislature needs to pass twin reform bills by East Bay Assemblyman Rob Bonta and San Fernando Valley Sen. Bob Hertzberg. California should catch up to a number of other states trying to make bail a last resort for minor offenses and, when bail seems necessary, considering the defendant’s ability to pay.

Santa Clara County is ahead of the game on this. Last fall, thanks to the leadership of Supervisor Cindy Chavez, the county board agreed to develop reforms that offer other ways to ensure suspects in minor or non-violent crimes show up for court dates. The idea is to make public safety the first consideration and then look at the least harmful ways to make sure a non-dangerous suspect will return to court — perhaps an ankle monitor, or involving a nonprofit to work with the defendant.

This reduces the numbers of people in jail at a cost to taxpayers of $200 a day in Santa Clara County.

The Legislature can jump start reform and make it happen statewide.

In a column below, Ato Walker, an activist from Silicon Valley De-Bug, tells his moving story of how an arrest derailed his life. It’s a compelling argument for reform. De-Bug is a sponsor of the Bonta-Hertzberg legislation.

Some prosecutors and law enforcement groups oppose the plan, fearing that dangerous criminals will avoid trial and victimize others. But the reforms are designed to place safety first, and they can be tweaked. California needs to at least begin the move in this direction.

The main opponents of reform are bail bond companies, which will lose business for sure. But protecting them is not a good reason to continue victimizing low-income people charged with minor crimes.

Bonta’s and Hertzberg’s Money Bail Reform Act faces key committee hearings this week. It needs to pass.

The bail-bond system creates hardships for poor defendants that wealthier ones don’t face; it’s time to change to a fair system.