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Bail reform is a contentious issue in San Diego and the United States as a whole. Lawmakers are trying to make the system fairer for defendants but are also proposing changes that may damage the integrity of the Californian justice system. 

The Justification For Bail Reforms

The justification for bail reforms is that bail rules disproportionately affect poorer individuals. Wealthy defendants can pay cash bail and be on their merry way, while those in lower-income quartiles don’t have the means to make these payments. 

Historically, California set bail amounts corresponding to the severity of the charges against the defendant. Those awaiting trial for felonies would pay more than misdemeanors. 

However, some lawmakers and members of the public are criticizing this approach, pointing out that it could keep some defendants in jail for months or years. Many people could find themselves in long-term incarceration, even if they pose no threat to the community. It’s this situation that bail reforms are attempting to correct. 

2018 Bail Reform 

California introduced a sweeping round of bail reforms in 2018 after the legislature passed Proposition 47. The mandate means that most misdemeanors and many felonies are now ineligible for cash bail. Instead, judges must assess whether they should release defendants from jail based on their criminal history, community ties, and flight risk. The new approach replaces the old system where courts used a bail schedule to determine bail amounts. 

What Impact Has The Bail Reform Had? 

The bail reform has had a significant impact on California’s jail population. The number of incarcerated people awaiting trial is now around 30 percent lower than it was before the changes in the law. Since the bill, judges have released many defendants through the “own recognizance” scheme, trusting them to attend their court dates. 

Unsurprisingly, the new regime has come under substantial criticism from concerned bail bond agencies, lawmakers, and various coalitions. Opponents argue the scheme is a “fad,” California cannot afford it, and it may be detrimental to defendants. 

One concern is that it is making communities less safe. Without bail conditions, defendants have fewer incentives to avoid committing crimes before trials. The financial incentive to not commit crimes or stay away from certain areas is absent. 

Another problem is the cost. The price of monitoring defendants released from jail is high, and many states, including California, may not be able to afford it. Instead of the defendant bearing the cost of the charge privately, taxpayers cover it publicly. 

How California Bail Reform Affects Individuals Seeking Bail Bonds

California’s bail reform affects people seeking bail bonds in several ways. The first is that it reduces their reliance on bond agencies. Judges can use other pretrial release mechanisms to get defendants out of jail, including releasing defendants on their “own recognizance” after conducting risk assessments. Many people charged with felonies or misdemeanors no longer need to pay bail or apply for bail bonds. Instead, they simply wait for judges to release them on various conditions. 

These non-financial conditions attempt to replace the traditional cash incentives to adhere to the release terms bail provided. For example, supervised release programs offering defendants support services, such as job training, drug and alcohol counseling, and mental health services, are gaining popularity. There is also a sharp rise in electronic monitoring, with GPS devices tracking defendants’ movements and ensuring they adhere to their release terms, similar to some European countries. 

When Are Bail Bond Services Still Necessary?

However, there are situations in which bail bond services are still necessary. Judges may not grant defendants facing severe charges alternative pretrial release pathways.

The most satisfactory solution for these individuals is to use a bail bond service. These eliminate the need to pay a cash bail while taking care of the paperwork and back-and-forth with law enforcement officials. Many agencies can secure release in hours, at any time of the day. 

Bail bond companies can also help defendants meet other conditions imposed by the court. These might include: 

  • Avoiding contact with the alleged victim or any witnesses
  • Obeying curfews (and returning home after a specific time at night)
  • Attending various court sessions or monitoring meetings

Furthermore, bail bond agents can guide defendants who might not be familiar with how the legal system works. As seasoned professionals, they can assist with various aspects of the process and manage expectations.