By Magnus Lofstrom and Brandon Martin, Public Policy Institute of California, May 6, 2020
In the midst of the coronavirus pandemic, California has sought to reduce county jail populations through a range of actions, including a “zero bail” emergency measure. This means that most misdemeanor and lower-level felonies currently have no bail amount associated with them, and that suspects are more likely to be cited and released instead of booked into jail. This new practice, along with decreases in crime and local directives to reduce arrests and bookings, appear to have drastically reduced the number of people sent to jail at this time.
A number of offenses—including felony burglary, driving under the influence, and the most serious sexual and violent crimes—can still receive a bail amount above zero. And law enforcement can still book someone into jail even for a so-called zero bail offense—but the arresting law enforcement agency (or the district attorney) has to request to a judge to set a bail amount. If the court denies the request then the suspect has to be released.
To get a sense of the magnitude of zero bail’s effect on releases and bookings, we looked at data from the Monthly Arrest and Citations Register (from 2016, the most recent available). These data do not perfectly identify zero bail offenses or the offenses excluded from the zero bail list. But they do allow us to identify an upper bound of the impact on jail bookings.
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