Money Bail Reform: Our Work Is Not Over

Each day, California spends millions of dollars needlessly keeping thousands of people in jail who haven’t even been convicted of or sentenced for any crime – and they may never be.

Legislative reform to fix this problem is on the horizon but we’re not there yet.

Earlier this year, hundreds of us marched to the state Capitol and lobbied the Legislature to pass Senate Bill 10 that would reform the money bail system and keep it from wrecking people’s lives. The bill will not be enacted this year but hearing Gov. Jerry Brown announce on Aug. 25 that he supports bail reform made me hopeful.

The fact that the governor acknowledged the “inequities” of the current system shows that he cares about Californians caught in the cruel and unjust money bail scheme. It’s a system that breaks up families and tears at the very fabric of the American value of “innocent until proven guilty.”

This value should apply to each and every one of us, no matter our economic status. But money bail instead creates a two tiered system, one for the rich and one for the poor. Those who can afford to pay are free to go home. Those who can’t linger in jail for weeks and months – even years.

In his announcement, Gov. Brown agreed to a partnership, including himself, Chief Justice Tani Cantil-Sakauye, Senator Bob Hertzberg and Assemblymember Rob Bonta, to work on the legislation. The governor and the chief justice now join a broad coalition of labor, economic justice, community-based, and civil rights organizations in the effort.

It seems the governor finally heard our voices, voices like that of Melodie Henderson of Chula Vista and Tory Robinson of East County.

The current practice, which requires people to come up with a median of $50,000 in bail, is antiquated and outdated.

There is only one major beneficiary and that’s the commercial insurance industry. The governor’s support for reform is a very real and devastating blow to the industry, which rakes in $2 billion each year – primarily off of the backs of low-income people and people of color.

Victory is near but it’s still up to us to determine what that victory looks like. There are still many people who have no idea of the negative impacts money bail has on our neighbors, our families and our communities.

We can’t celebrate just yet. We need to continue to educate the public because the more people are aware, the stronger reform will be. The facts about money bail are overwhelming but here’s just one more figure: Over 60 percent of California’s jail population is made up of people awaiting trial or sentencing.

And the consequences of money bail? Even just a few days in jail can cost someone his or her car, job, housing or child custody.

There is hope. We’re changing the paradigm. We’re building on common sense solutions that other localities have already adopted, significantly reducing their use of commercial bail in places like Kentucky, New Jersey, and Santa Clara, Calif.

Our group of bail ambassadors – volunteers tasked with spreading the word about the importance of money bail reform in San Diego County – has reached hundreds of people who were unaware of this injustice. Our work is just beginning. We’ll continue to host film screenings, town halls, in-district office visits with elected officials, lobby days, and forums on bail reform and we will urge everyone we can to become engaged on this issue.

Here’s what you can do: Call Gov. Brown at (916) 445-2841 and thank him for supporting our efforts to reform money bail. Call your local representative and express your support for SB-10. If you don’t know who that is, you can find out by visiting www.findyourrep.legislature.ca.gov.

We’re near the finish line and with your support we will get there.

Johnson is an ACLU volunteer and San Diego Bail Ambassador.