California's Bail System Is Unsafe, Unfair: Chief Justice

SACRAMENTO, CA -- A workgroup by Chief Justice Tani Cantil-Sakauye this week released a study calling the state's bail system unfair and unsafe.

The workgroup calls for the state to replace a money-based bail system with "risk-based assessment and supervision program that determines whether to jail defendants before trial based on their threat to public safety and their likelihood of making a court appearance," according to the study.

The workgroup, Pretrial Detention Reform Workgroup, which was established by Cantil-Sakauye in 2016, offered 10 recommendations for improving the bail system.

“Their conclusions and recommendations are the result of a year’s worth of study. I support the conclusion that California’s current pretrial system unnecessarily compromises victim and public safety and agree with the recommendation to replace our current system of money bail with one based on a defendant’s risk to the public,” said Cantil-Sakauye in a press release.

Among the recommendations include: expanding the use of risk-based preventive detention; using a validated pretrial risk assessment; and making early release and detention decisions.

New Jersey and New Mexico are among the states that have implemented reforms to the money bail system, according to the workgroup.

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