NCJ Number
124564
Date Published
1983
Length
104 pages
Annotation
This analysis of the misdemeanor pretrial process in seven municipal courts in four California counties provides baseline data important for evaluating the impact of the State's 1979 Bail Reform Act (AB2) on public safety, costs, and fairness.
Abstract
AB2 mandates a presumption in favor of own-recognizance release, release on appearance bond (defendant's promise to pay full bail for failure to appear), and a release upon deposit of 10 percent of the bail amount. This study design and data analyses are intended to determine whether AB2 will increase rates of failure to appear, rates of pretrial crime, and costs to local governments; whether it will reduce pretrial jail crowding; and how it will impact the private bail bond industry. Study data compare 1980 with 1981 (the first year of AB2). The research findings can thus only describe the initial impact of the law, which was only tentatively and experimentally being fitted into already complex pretrial systems. The data showed confusion on eligibility for AB2, procedures for handling deposits, methods of collecting forfeitures, and bookkeeping methods for transfer and ultimate return of up to 90 percent of the deposits. The next phase of the study will explore changes in the use of various pretrial release options; changes in costs and savings associated with AB2; changes in rates of failure to appear, fugitives, and pretrial crime; changes in the bail reform law; and changes in the political climate for bail reform in California. 26 tables, 16 references.