1. Jail Population Management and Pretrial Practice in California
Sonya Tafoya
Public Policy Institute of California
April 11, 2015

2. Outline
Motivation
Pretrial practices that impact the unsentenced jail population
Observable pretrial outcomes in California
Can we improve jail management and pretrial decision making with risk-based pretrial programs?

3. Motivation Jails jail space is a limited resource jails are expensive
the majority of the jail population is non- sentenced
Using jail space efficiently
to maximize safety
to minimize failures to appear in court
to maximize perception of fairness

4. Practices that impact the presentenced jail population in California
Emergency/capacity release
Financial/bail/surety bond
Non-financial/own recognizance/cite and release/conditional supervision
Proposition 47 (voter driven)
Diversion

5. Practices that impact the presentenced jail population in California
Emergency/capacity release
Financial/bail/surety bond
Non-financial/own recognizance/cite and release/conditional supervision

6. Many counties are operating jail facilities at or above 90% of rated capacity
ADP/Rated Capacity
Current (2013)
>90% 36
>95% 28
>100% 21
>105% 16
>110% 13
>120% 9
>130% 6
>140% 1
SOURCE: Martin and Loftstrom (2014) Key Factors in California Jail Construction Needs, Public Policy Institute of California.
NOTE: Data are from the Board of State and Community Corrections

7. SoCal counties operating one or more facilities above 90% rated capacity
County
Average Jail ADP
Rated Capacity (RC)
ADP/RC
Imperial
535
376
142.3%
Orange
7,224
5,543
130.3%
Los Angeles
18,232
14,024
130.0%
Santa Barbara
998
816
122.2%
San Luis Obispo
692
589
117.5%
San Diego
5,627
4,992
112.7%
San Bernardino
5,847
5,586
104.7%
Riverside
3,879
3,834
101.2%
Ventura
1,657
1,810
91.5%
Statewide
43,034
77,304
105.3%
SOURCE: Martin and Loftstrom (2014) Key Factors in California Jail Construction Needs, Public Policy Institute of California.
NOTE: Data are from the Board of State and Community Corrections

8. Capacity releases of unsentenced inmates are persistent

9. Defendants released due to capacity have an unreported risk profile
Example schema for capacity release
Misdemeanor
Un-sentenced
Crimes against property
Crimes against people
Sentenced
Regardless of bail amount
In descending order of length of stay
May release versus shall release
Some ineligible inmates
Sheriff discretion
Felony
Un-sentenced
Crimes against property
Crimes against people
Sentenced-

10. Practices that impact the presentenced jail population in California
Emergency/capacity release
Financial/bail/surety bond
Non-financial/own recognizance/cite and release/conditional supervision

11. California has relied on bail to a greater extent than the rest of the U.S.

12. Vast majority of bail amounts are set over $20,000
Source: State Court Processing Statistics: California counties , unweighted

13. In $20-30K range, 44% of defendants are released, release rates decline thereafter
Source: State Court Processing Statistics: California counties , unweighted

14. Most released defendants are not rearrested
Source: State Court Processing Statistics: California counties

15. Most released defendants make all court appearances
Source: State Court Processing Statistics: California counties

16. Pretrial misconduct varies by arrest charge
Pretrial misconduct, by arrest charge
Released Defendants
Most Serious Arrest Charge
% Multiple FTA %
Re-arrested any felony
Re-arrested
drug felony
Re-arrested property felony
Re-arrested violent felony
Violent
2.2
6.7
0.8
0.9
3.7
Property
4.4
12.6
8.4
Drug
9.9
14.7
10.1
2.3
1.1
Public-Order
3.4
8.8
1.3
1.6
Total
6.6
12.4
5.7
3.8
1.4
Source: State Court Processing Statistics: California counties

17. Despite high FTA rates, drug offenders account for over 1/2 of non-financial releases
Source: State Court Processing Statistics: California counties

18. The promise of pretrial services programs
Measure risk with an empirically derived risk- assessment tool
FTA
public safety
Mitigate risk of misconduct
court date reminders
Supervision and services
Benefits
Reduce dual system errors
Improve consistency
Increase transparency

19. Common pretrial risk factors
Current charge(s)
Pending charges
Prior criminal history
History of violence
Active CJ status (e.g. pretrial, probation, parole)
History of FTA
Residential stability
Employment stability
Substance abuse

20. Can use of actuarial risk-assessment tools improve current decision making?
Share of defendants within each release category with specific risk factor
Risk Category
Specific Risk Factor
Non-financial release
Released on bail
Held on bail
Capacity
release
Current charge
Current charge violent offense
10.0%
20.5%
26.1% ?
Criminal History
3 or more prior arrests
51.9%
54.3%
75.2%
Prior FTAs
28.9%
24.9%
40.0%
Source: State Court Processing Statistics: California counties , unweighted

21. Recommendations
Reduce inflow of “lower risk” defendants using front end risk based assessment tool
If capacity releases necessary, ensure outflow of unsentenced population is risk-based
Educate stakeholders on how bail is set, why it varies across counties, whether alternatives for the indigent are available, and potential risk to public safety
Conduct a jail population assessment, evaluate pretrial practices (may require investment in data collection, data sharing and staff training)

22. Notes on the use of these slides
These slides were created to accompany a presentation. They do not include full documentation of sources, data samples, methods, and interpretations. To avoid misinterpretations, please contact:
Sonya )
Thank you for your interest in this work.

23. California Counties Sampled in SCPS 2000-2009
2002
2004
2006
2009
Alameda x
Contra Costa
Los Angeles
Orange
Riverside
San Bernardino
San Diego
San Mateo
Santa Clara
Ventura
N=17,311
Source: State Court Processing Statistics: California counties