Pretrial Detention and Jail Capacity in California (2015)

"California’s persistently overcrowded jails are facing additional challenges now that public safety realignment has shifted many lower-level offenders from state prisons to county supervision. Jail capacity challenges are prompting a reconsideration of California’s heavy reliance on holding unsentenced defendants in jail pending trial—known as pretrial detention. The legal rationale for pretrial detention is to ensure court appearances and preserve public safety. But California’s high rates of pretrial detention have not been associated with lower rates of failure to appear or lower levels of felony rearrests. This report concludes that pretrial services programs—if properly implemented and embraced by the courts, probation, and the jails—could address jail overcrowding and improve the efficiency, equability, and transparency of pretrial release decision making."