California’s AB 109 and How Surety Bail Helps Relieve Jail Overcrowding
Under California’s new “realignment” plan (AB 109), responsibility for more than 30,000 state prison inmates is being transferred to the local level where the responsibility for low-risk inmates shifts from the state of California to the counties. The Supreme Court found that overcrowding in jails is a violation of the Constitutional rights of prisoners. AB 109 proposes a prison realignment, to solve the Supreme Court’s mandate and to reduce state costs to incarcerate prisoners. Since 10% of California’s budget goes to pay for its prison system, the idea is that AB 109 will free up billions in the state budget. But does it really do that, or does it just shift the burden to an already overcrowded jail system?
Shifting prisoners from overcrowded state prisons saves the state money, but that does not mean jails will not become overcrowded. Furthermore, AB 109 does not guarantee funding for county jails that will receive more state prisoners. Many county jails already face court orders to relieve overcrowding. The influx of additional state inmates with no guarantee of long-term funding to build and support additional capacity will only intensify the problem. Bail can help relieve jail overcrowding. Surety bail preserves constitutional rights, and doesn’t cost taxpayers a dime.
AB 109 does allow counties to use more options in place of jail to prevent criminals from going into correctional facilities in the first place. Community based programs to stabilize low level offenders and keep them engaged, employed and out of jail are cheaper than prison. The intent of community based programs is to reduce recidivism and future correctional costs. For non-violent criminals, home detention under the supervision of a probation officer is also an option. AB 109 gives correctional administrators the option to sentence prisoners to home detention. Those in home detention must wear an electronic monitoring bracelet. Failure to follow all rules and restrictions in the home detention program result in the criminal being charged with a new misdemeanor. Violators will go back to county jail, not state prison, regardless of where their prior prison sentence was served.
Shifting prisoners from state to county jails will also increase the burden on local law enforcement. Relieving overcrowding in prisons due to AB 109 will also overload local law enforcement that isn’t as well trained or equipped to handle the increased load. California has already found that the cost savings effort of free pre-trial release has failed. Pretrial Services cost Sacramento County $3 million and neither reduced criminal offenses or incarceration rates. Those released on their recognizance without paying bail are twice as likely to skip court. The initial data indicates that they are also more likely to commit new crimes, since they did not serve time right after their crime while awaiting trial.
The surety bail system requires personal responsibility and financial liability. When someone on bail then skips bail, criminals are then apprehended by bail bondmen, relieving law enforcement of this duty. And because the court system collects bail from prisoners in exchange for release, it gains revenue to offset their incarceration. Furthermore, by requiring bail money often given by family members and friends, the offender out on bail is more motivated to stay out of jail because of the financial stake in his or her good behavior. Surety bail also helps reduce recidivism. Friends and family who lose bail money on someone will not pay it again. An offender who skips bail and knows he or she will never be bailed out again is less willing to commit another offense.
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