California could be the next state to get rid of bail. Last week, the state’s Pretrial Detention Reform Workgroup released a report recommending that a risk-based assessment tool replace the current bail system. Santa Barbara retired judge George Eskin, who served on the 12-member committee, said the effort is an important part of criminal justice reform in the state.
Currently, Santa Barbara County judges set the bail amount for defendants based on the schedule that the judges adopt every year. Judges have considerable discretion: They can significantly increase the amount or they can release defendants on their own recognizance, or no bail.
Bail is essentially a bond sold to defendants by bail bondspersons. It is forfeited should the person not show up to court. The bondsperson charges a certain percentage of the bond amount as a fee. “It’s not fair,” Eskin said. Two people who are charged with the same crime but have different economic backgrounds could have very different experiences in the criminal justice system, he explained. The person who cannot afford bail sits in jail while a more affluent defendant can be released almost immediately. This also can pressure low-income defendants to plea to charges just so they can get out of jail.