Letter to Governor Brown and the Legislature on Bail and Pre-Trial Services

Report #216, May 2013
Letter to Governor Brown and the Legislature on Bail and Pre-Trial Services

Full Report

Executive Summary

Press Release

FOR IMMEDIATE RELEASE
May 30, 2013

For Additional Information Contact:
Stuart Drown, Executive Director
(916) 445-2125

Commission Spotlights Jail Overcrowding

A Little Hoover Commission review of county jail populations finds that county sheriffs, not judges, increasingly are making bail and sentencing decisions. Done as a means to manage to jail overcrowding, this trend threatens to weaken local judicial authority, undermine public confidence in the judicial system, and raises serious questions regarding due process and the separation of powers. The study also finds need for evidence-based practices to safely reduce large pre-trial populations that account for a majority of jail detainees.

The Commission, in a letter to Governor Brown and the Legislature as part of its ongoing commitment to public safety oversight, documents evolving consequences of jail crowding. Counties have wrestled with jail overcrowding for years, but new offender populations created by the state’s realignment strategy is exacerbating the problem. Under realignment, responsibility for low-level felony offenders has been shifted from the state to local criminal justice systems. The letter contains four recommendations to ease population pressures and ensure that realignment achieves its broader policy goals of increasing community alternatives to incarceration.

"Individuals who are arrested and presumed innocent, and the community at large, which is entitled to have its safety protected, have the right to expect that impartial, independent, and informed judges will determine who and under what conditions bail will be granted and sentences served,” Commission Chair Jonathan Shapiro said. “Current jail overcrowding, however, has forced sheriffs of the executive branch into the untenable position of making decisions traditionally made by members of the judicial branch of government. This unintended consequence of overcrowding threatens to make California's criminal justice system less reliable, less transparent, and less accountable."

The letter to the Governor and the Legislature and documents from public hearings held as part of the review, including agendas and written testimony submitted by witnesses, are available on the Commission’s website at www.lhc.ca.gov.

Fact Sheet

Study Description

For this study, the Commission examined California's use of commercial bail and pre-trial diversion services at county jails as part of the Commission's ongoing look at public safety and realignment initiated in 2011. The combination of large pre-trial populations and new offenders who previously would have been sent to state prison is creating population management challenges for counties.

The Commission reviewed disparities in bail bond schedules, the role of risk and needs assessment tools, pre-trial diversion services and the state's sentencing structure.

The goal was to develop recommendations to increase equity, more effectively manage state and local public safety resources and to reduce crime.

Agenda

Overview

In this report, the Commission spotlights jail overcrowding.

During its study, the Commission found that county sheriffs, not judges, increasingly make bail and sentencing decisions to manage jail overcrowding. The Commission also found a need for evidence-based practices to safely reduce large pre-trial populations that account for a majority of jail detainees.

To address these issues, the Commission recommends the state bolster oversight of AB 109 realignment spending, mandate validated risk and needs assessments in all counties, set criteria for setting bail schedules and continue to implement sentencing reform.

Print Agenda
  • March 21
    2013
    Bail and Sentencing Update
    9:00 a.m., State Capitol, Room 437, Sacramento, CA
    Public Hearing
    Agenda

    AGENDA

    Public Hearing on Bail and Sentencing Update
    Thursday, March 21, 2013, at 9:00 a.m.
    State Capitol, Room 437
    Sacramento, CA


    Opening Remarks

    Panel One: Counties Need New Tools to Reduce Pre-Trial Populations

    1. Matthew Cate, Executive Director, California State Association of Counties, Former Secretary, California Department of Corrections and Rehabilitation (Written Testimony)
       

    Panel Two: Bail and Pre-Trial Services: A View from the Judicial Bench

    1. Stephen V. Manley, Judge, Superior Court of California, County of Santa Clara
       

    Panel Three: Fix What's Broken, but Beware of Unintended Consequences

    1. Margaret Dooley-Sammuli, Senior Policy Advocate, American Civil Liberties Union of California (Written Testimony)
       
    2. Christine Ward, Executive Director, Crime Victims Action Alliance and Crime Victims Assistance Network Foundation (Written Testimony)


    Panel Four: Life in the Courtroom: Is There Really a Problem with Bail?

    1. Robin Lipetzky, Chief Public Defender, Contra Costa County, Member, Executive Committee, California Public Defenders Association (Written Testimony)
       
    2. Carl Adams, District Attorney, Sutter County, President, California District Attorneys Association (Written Testimony)
       

    Comments Submitted by Members of the Public

    • Edward Latessa, Interim Dean and Professor, University of Cincinnati, College of Education, Criminal Justice and Human Services (Written Comments)
    Public Notice

    PUBLIC NOTICE

    FOR IMMEDIATE RELEASE 
    March 12, 2013

    For Additional Information Contact:
    Stuart Drown, Executive Director
    (916) 445-2125

    Notice of Meeting

    On Thursday, March 21, 2013 the Little Hoover Commission will conduct a public hearing on bail schedules and pre-trial diversion services. The hearing will begin at 9 a.m. in Room 437 of the State Capitol in Sacramento.

    The Little Hoover Commission is examining California’s use of commercial bail and pretrial diversion services at county jails as part of the Commission’s ongoing look at public safety realignment initiated in 2011. The combination of large pre-trial populations and new offenders who previously would have been sent to state prison is creating population management challenges for counties. At this hearing, the Commission will explore challenges that counties face in reducing their pre-trial jail populations, equity issues in the current bail system, the use of bail schedules, pre-trial alternatives to bail, and the expanding use of validated risk and needs assessment tools.

    The Commission will hear from the current executive director of the California State Association of Counties and former Secretary of the California Department of Corrections and Rehabilitation, Matt Cate, who will provide a county-view perspective on pre-trial release in the context of state prison realignment. The Commission also will hear from a Santa Clara County Superior Court judge who will provide a view of bail schedules and pre-trial release options from the judicial bench. A senior policy advocate with the American Civil Liberties Union of California will testify about possible alternatives to the commercial bail system. The executive director of a crime victim assistance agency will provide her perspective on bail reform and the use of pre-trial release options. The Contra Costa County chief public defender and the Sutter County district attorney will address potential state-imposed changes to the bail system, including uniform statewide bail schedules along with alternatives to commercial bail.

    There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments. Immediately following the hearing, the Commission will hold a business meeting in the Legislative Counsel Conference Room in the lower level of 925 L Street in Sacramento. Additional teleconference locations accessible to the public during the business meeting will be Rooms 5082 and 4034 at the State Capitol in Sacramento. Also, the Commission will meet for dinner on Wednesday, March 20, 2013, at 6 p.m. at the Esquire Grill at 1213 K Street in Sacramento.

    All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445- 2125 or littlehoover@lhc.ca.gov by Thursday, March 14, 2013.

    Video
  • November 27
    2012
    Bail and Sentencing Update
    9:00 a.m., State Capitol, Room 437, Sacramento, CA
    Public Hearing
    Agenda

    AGENDA

    Public Hearing on Bail and Sentencing Update
    Tuesday, November 27, 2012, at 9:00 a.m.
    State Capitol, Room 437
    Sacramento, CA


    Opening Remarks

    Realignment Brings New Pressures with Same Jail Constraints

    1. Margaret Mims, Sheriff, Fresno County (Written Testimony)
       

    Bail Industry See Bail Schedule Reform As Key to Pretrial Release

    1. Albert Ramirez, Attorney-at-Law, Fresno, California (Written Testimony)


    Pre-trial Services Using Programming, Alternative Supervision

    1. Marlon Yarber, Interim Chief, Yolo County Probation Department (Written Testimony)
       
    2. Scott MacDonald, Chief Probation Officer, Santa Cruz County Department of Probation (Written Testimony)
       

    Sentencing Reform: The New San Francisco Sentencing Commission

    1. Tara Anderson, Grants and Policy Manager, Office of District Attorney George Gascón, City and County of San Francisco (Written Testimony)
       
    2. Catherine McCracken, Program Director, Sentencing Service Program, California Sentencing Institute, Center on Juvenile and Criminal Justice, San Francisco (Written Testimony)
       

    Comments Submitted by Members of the Public

    • Carl V. Adams, President, California District Attorneys Association (Written Comments)
    Public Notice

    PUBLIC NOTICE

    FOR IMMEDIATE RELEASE 
    November 13, 2012

    For Additional Information Contact:
    Stuart Drown, Executive Director
    (916) 445-2125

    Notice of Meeting

    On Tuesday, November 27, 2012, the Little Hoover Commission will conduct a public hearing on bail schedules, sentencing reform and realignment as part of its ongoing assessment of public safety in California. The hearing will begin at 9 a.m. in Room 437 of the State Capitol in Sacramento.

    At this hearing, the Commission will determine whether a deeper examination of bail in California is warranted, given how bail schedules are set and how they differ by county. As part of this review, the Commission also wants to learn more about alternatives to bail that are employed by several counties in California. The Commission is interested in learning what conditions and capacity must exist at the local level for programs such as alternative supervision to be successful. The Commission is looking at two counties that have adopted such strategies, Santa Cruz County and Yolo County, to learn what has worked to help reduce the proportion of detainees that are awaiting trial. Realignment has made the management of jail populations in California counties a pressing issue, particularly in those counties that are operating under court-ordered jail capacity caps. The added pressure on jail resources from new, realigned, offender populations raises questions about the use of bail, and whether bail practices should be changed, or standardized, to enable the pretrial release of more people who are determined to be eligible for bail.

    The Commission will hear from the sheriff of Fresno County, which is dealing with jail overcrowding, as well as from a Fresno bail service owner who also is an advocate for the bail industry. The Commission also will hear from the probation department chief of Santa Cruz County, which has a well-established pretrial services program, and from the interim probation chief of Yolo County, which is two years into the development of its pretrial services program. The Commission, as part of an update of its 2007 study, “California Corrections Crisis: Time is Running Out,” will learn about progress being made toward sentencing reform at the new San Francisco Sentencing Commission and learn what more is needed.

    There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments.

    All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Tuesday, November 20, 2012.

    Video
  • March 13
    2013
    Bail and Sentencing Update
    1:30 p.m., Legislative Counsel Conference Room, Lower Level, 925 L
    Advisory Committee Meeting
    Agenda

    AGENDA

    Advisory Committee Meeting on Bail and Pre-Trial Diversion Services
    Wednesday, March 13, 2013, at 1:30 p.m.
    Legislative Counsel Conference Room, Lower Level
    925 L Street, Sacramento, CA


    Meeting Goals: To learn about the roles of bail schedules and validated risk and needs assessments in managing pre-trial populations within the larger context of state prison realignment.

    1:30 – 1:40 p.m.

    Welcome and Introduction 
    Subcommittee Chair Jonathan Shapiro and Executive Director Stuart Drown 

    1:40 – 3:30 p.m.

    Discussion: Stakeholders will provide their perspective on equity, transparency and consistency issues in the current bail system, the use of validated risk and needs assessments and funding for pre-trial programs and services.

    Public Notice

    PUBLIC NOTICE

    FOR IMMEDIATE RELEASE
    February 27, 2013

    For Additional Information Contact:
    Stuart Drown, Executive Director
    (916) 445-2125

    Notice of Public Meeting

    On Wednesday, March 13, 2013, the Little Hoover Commission will convene two separate advisory committee meetings. The first meeting will discuss women veterans’ issues and begin at 10 a.m. in the Legislative Counsel Conference Room, Lower Level, 925 L Street in Sacramento.

    The discussion will explore issues women veterans face while assimilating back into society. Participants also will discuss the ways in which organizations are reaching out to women veterans. A second advisory committee meeting will be held at the same location and begin at 1:30 p.m. The afternoon session will focus on bail and pre-trial diversion services. A separate group of experts have been invited to discuss this topic.

    All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Wednesday, March 6, 2013.

March 21
2013
Bail and Sentencing Update
9:00 a.m., State Capitol, Room 437, Sacramento, CA
Public Hearing
Agenda

AGENDA

Public Hearing on Bail and Sentencing Update
Thursday, March 21, 2013, at 9:00 a.m.
State Capitol, Room 437
Sacramento, CA


Opening Remarks

Panel One: Counties Need New Tools to Reduce Pre-Trial Populations

  1. Matthew Cate, Executive Director, California State Association of Counties, Former Secretary, California Department of Corrections and Rehabilitation (Written Testimony)
     

Panel Two: Bail and Pre-Trial Services: A View from the Judicial Bench

  1. Stephen V. Manley, Judge, Superior Court of California, County of Santa Clara
     

Panel Three: Fix What's Broken, but Beware of Unintended Consequences

  1. Margaret Dooley-Sammuli, Senior Policy Advocate, American Civil Liberties Union of California (Written Testimony)
     
  2. Christine Ward, Executive Director, Crime Victims Action Alliance and Crime Victims Assistance Network Foundation (Written Testimony)


Panel Four: Life in the Courtroom: Is There Really a Problem with Bail?

  1. Robin Lipetzky, Chief Public Defender, Contra Costa County, Member, Executive Committee, California Public Defenders Association (Written Testimony)
     
  2. Carl Adams, District Attorney, Sutter County, President, California District Attorneys Association (Written Testimony)
     

Comments Submitted by Members of the Public

  • Edward Latessa, Interim Dean and Professor, University of Cincinnati, College of Education, Criminal Justice and Human Services (Written Comments)
Public Notice

PUBLIC NOTICE

FOR IMMEDIATE RELEASE 
March 12, 2013

For Additional Information Contact:
Stuart Drown, Executive Director
(916) 445-2125

Notice of Meeting

On Thursday, March 21, 2013 the Little Hoover Commission will conduct a public hearing on bail schedules and pre-trial diversion services. The hearing will begin at 9 a.m. in Room 437 of the State Capitol in Sacramento.

The Little Hoover Commission is examining California’s use of commercial bail and pretrial diversion services at county jails as part of the Commission’s ongoing look at public safety realignment initiated in 2011. The combination of large pre-trial populations and new offenders who previously would have been sent to state prison is creating population management challenges for counties. At this hearing, the Commission will explore challenges that counties face in reducing their pre-trial jail populations, equity issues in the current bail system, the use of bail schedules, pre-trial alternatives to bail, and the expanding use of validated risk and needs assessment tools.

The Commission will hear from the current executive director of the California State Association of Counties and former Secretary of the California Department of Corrections and Rehabilitation, Matt Cate, who will provide a county-view perspective on pre-trial release in the context of state prison realignment. The Commission also will hear from a Santa Clara County Superior Court judge who will provide a view of bail schedules and pre-trial release options from the judicial bench. A senior policy advocate with the American Civil Liberties Union of California will testify about possible alternatives to the commercial bail system. The executive director of a crime victim assistance agency will provide her perspective on bail reform and the use of pre-trial release options. The Contra Costa County chief public defender and the Sutter County district attorney will address potential state-imposed changes to the bail system, including uniform statewide bail schedules along with alternatives to commercial bail.

There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments. Immediately following the hearing, the Commission will hold a business meeting in the Legislative Counsel Conference Room in the lower level of 925 L Street in Sacramento. Additional teleconference locations accessible to the public during the business meeting will be Rooms 5082 and 4034 at the State Capitol in Sacramento. Also, the Commission will meet for dinner on Wednesday, March 20, 2013, at 6 p.m. at the Esquire Grill at 1213 K Street in Sacramento.

All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445- 2125 or littlehoover@lhc.ca.gov by Thursday, March 14, 2013.

Video
November 27
2012
Bail and Sentencing Update
9:00 a.m., State Capitol, Room 437, Sacramento, CA
Public Hearing
Agenda

AGENDA

Public Hearing on Bail and Sentencing Update
Tuesday, November 27, 2012, at 9:00 a.m.
State Capitol, Room 437
Sacramento, CA


Opening Remarks

Realignment Brings New Pressures with Same Jail Constraints

  1. Margaret Mims, Sheriff, Fresno County (Written Testimony)
     

Bail Industry See Bail Schedule Reform As Key to Pretrial Release

  1. Albert Ramirez, Attorney-at-Law, Fresno, California (Written Testimony)


Pre-trial Services Using Programming, Alternative Supervision

  1. Marlon Yarber, Interim Chief, Yolo County Probation Department (Written Testimony)
     
  2. Scott MacDonald, Chief Probation Officer, Santa Cruz County Department of Probation (Written Testimony)
     

Sentencing Reform: The New San Francisco Sentencing Commission

  1. Tara Anderson, Grants and Policy Manager, Office of District Attorney George Gascón, City and County of San Francisco (Written Testimony)
     
  2. Catherine McCracken, Program Director, Sentencing Service Program, California Sentencing Institute, Center on Juvenile and Criminal Justice, San Francisco (Written Testimony)
     

Comments Submitted by Members of the Public

  • Carl V. Adams, President, California District Attorneys Association (Written Comments)
Public Notice

PUBLIC NOTICE

FOR IMMEDIATE RELEASE 
November 13, 2012

For Additional Information Contact:
Stuart Drown, Executive Director
(916) 445-2125

Notice of Meeting

On Tuesday, November 27, 2012, the Little Hoover Commission will conduct a public hearing on bail schedules, sentencing reform and realignment as part of its ongoing assessment of public safety in California. The hearing will begin at 9 a.m. in Room 437 of the State Capitol in Sacramento.

At this hearing, the Commission will determine whether a deeper examination of bail in California is warranted, given how bail schedules are set and how they differ by county. As part of this review, the Commission also wants to learn more about alternatives to bail that are employed by several counties in California. The Commission is interested in learning what conditions and capacity must exist at the local level for programs such as alternative supervision to be successful. The Commission is looking at two counties that have adopted such strategies, Santa Cruz County and Yolo County, to learn what has worked to help reduce the proportion of detainees that are awaiting trial. Realignment has made the management of jail populations in California counties a pressing issue, particularly in those counties that are operating under court-ordered jail capacity caps. The added pressure on jail resources from new, realigned, offender populations raises questions about the use of bail, and whether bail practices should be changed, or standardized, to enable the pretrial release of more people who are determined to be eligible for bail.

The Commission will hear from the sheriff of Fresno County, which is dealing with jail overcrowding, as well as from a Fresno bail service owner who also is an advocate for the bail industry. The Commission also will hear from the probation department chief of Santa Cruz County, which has a well-established pretrial services program, and from the interim probation chief of Yolo County, which is two years into the development of its pretrial services program. The Commission, as part of an update of its 2007 study, “California Corrections Crisis: Time is Running Out,” will learn about progress being made toward sentencing reform at the new San Francisco Sentencing Commission and learn what more is needed.

There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments.

All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Tuesday, November 20, 2012.

Video
March 13
2013
Bail and Sentencing Update
1:30 p.m., Legislative Counsel Conference Room, Lower Level, 925 L Street, Sacramento, CA
Advisory Committee Meeting
Agenda

AGENDA

Advisory Committee Meeting on Bail and Pre-Trial Diversion Services
Wednesday, March 13, 2013, at 1:30 p.m.
Legislative Counsel Conference Room, Lower Level
925 L Street, Sacramento, CA


Meeting Goals: To learn about the roles of bail schedules and validated risk and needs assessments in managing pre-trial populations within the larger context of state prison realignment.

1:30 – 1:40 p.m.

Welcome and Introduction 
Subcommittee Chair Jonathan Shapiro and Executive Director Stuart Drown 

1:40 – 3:30 p.m.

Discussion: Stakeholders will provide their perspective on equity, transparency and consistency issues in the current bail system, the use of validated risk and needs assessments and funding for pre-trial programs and services.

Public Notice

PUBLIC NOTICE

FOR IMMEDIATE RELEASE
February 27, 2013

For Additional Information Contact:
Stuart Drown, Executive Director
(916) 445-2125

Notice of Public Meeting

On Wednesday, March 13, 2013, the Little Hoover Commission will convene two separate advisory committee meetings. The first meeting will discuss women veterans’ issues and begin at 10 a.m. in the Legislative Counsel Conference Room, Lower Level, 925 L Street in Sacramento.

The discussion will explore issues women veterans face while assimilating back into society. Participants also will discuss the ways in which organizations are reaching out to women veterans. A second advisory committee meeting will be held at the same location and begin at 1:30 p.m. The afternoon session will focus on bail and pre-trial diversion services. A separate group of experts have been invited to discuss this topic.

All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Wednesday, March 6, 2013.

Print Agenda
  • March 21
    2013
    Bail and Sentencing Update
    9:00 a.m., State Capitol, Room 437, Sacramento, CA
    Public Hearing
    Agenda

    AGENDA

    Public Hearing on Bail and Sentencing Update
    Thursday, March 21, 2013, at 9:00 a.m.
    State Capitol, Room 437
    Sacramento, CA


    Opening Remarks

    Panel One: Counties Need New Tools to Reduce Pre-Trial Populations

    1. Matthew Cate, Executive Director, California State Association of Counties, Former Secretary, California Department of Corrections and Rehabilitation (Written Testimony)
       

    Panel Two: Bail and Pre-Trial Services: A View from the Judicial Bench

    1. Stephen V. Manley, Judge, Superior Court of California, County of Santa Clara
       

    Panel Three: Fix What's Broken, but Beware of Unintended Consequences

    1. Margaret Dooley-Sammuli, Senior Policy Advocate, American Civil Liberties Union of California (Written Testimony)
       
    2. Christine Ward, Executive Director, Crime Victims Action Alliance and Crime Victims Assistance Network Foundation (Written Testimony)


    Panel Four: Life in the Courtroom: Is There Really a Problem with Bail?

    1. Robin Lipetzky, Chief Public Defender, Contra Costa County, Member, Executive Committee, California Public Defenders Association (Written Testimony)
       
    2. Carl Adams, District Attorney, Sutter County, President, California District Attorneys Association (Written Testimony)
       

    Comments Submitted by Members of the Public

    • Edward Latessa, Interim Dean and Professor, University of Cincinnati, College of Education, Criminal Justice and Human Services (Written Comments)
    Public Notice

    PUBLIC NOTICE

    FOR IMMEDIATE RELEASE 
    March 12, 2013

    For Additional Information Contact:
    Stuart Drown, Executive Director
    (916) 445-2125

    Notice of Meeting

    On Thursday, March 21, 2013 the Little Hoover Commission will conduct a public hearing on bail schedules and pre-trial diversion services. The hearing will begin at 9 a.m. in Room 437 of the State Capitol in Sacramento.

    The Little Hoover Commission is examining California’s use of commercial bail and pretrial diversion services at county jails as part of the Commission’s ongoing look at public safety realignment initiated in 2011. The combination of large pre-trial populations and new offenders who previously would have been sent to state prison is creating population management challenges for counties. At this hearing, the Commission will explore challenges that counties face in reducing their pre-trial jail populations, equity issues in the current bail system, the use of bail schedules, pre-trial alternatives to bail, and the expanding use of validated risk and needs assessment tools.

    The Commission will hear from the current executive director of the California State Association of Counties and former Secretary of the California Department of Corrections and Rehabilitation, Matt Cate, who will provide a county-view perspective on pre-trial release in the context of state prison realignment. The Commission also will hear from a Santa Clara County Superior Court judge who will provide a view of bail schedules and pre-trial release options from the judicial bench. A senior policy advocate with the American Civil Liberties Union of California will testify about possible alternatives to the commercial bail system. The executive director of a crime victim assistance agency will provide her perspective on bail reform and the use of pre-trial release options. The Contra Costa County chief public defender and the Sutter County district attorney will address potential state-imposed changes to the bail system, including uniform statewide bail schedules along with alternatives to commercial bail.

    There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments. Immediately following the hearing, the Commission will hold a business meeting in the Legislative Counsel Conference Room in the lower level of 925 L Street in Sacramento. Additional teleconference locations accessible to the public during the business meeting will be Rooms 5082 and 4034 at the State Capitol in Sacramento. Also, the Commission will meet for dinner on Wednesday, March 20, 2013, at 6 p.m. at the Esquire Grill at 1213 K Street in Sacramento.

    All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445- 2125 or littlehoover@lhc.ca.gov by Thursday, March 14, 2013.

    Video
  • November 27
    2012
    Bail and Sentencing Update
    9:00 a.m., State Capitol, Room 437, Sacramento, CA
    Public Hearing
    Agenda

    AGENDA

    Public Hearing on Bail and Sentencing Update
    Tuesday, November 27, 2012, at 9:00 a.m.
    State Capitol, Room 437
    Sacramento, CA


    Opening Remarks

    Realignment Brings New Pressures with Same Jail Constraints

    1. Margaret Mims, Sheriff, Fresno County (Written Testimony)
       

    Bail Industry See Bail Schedule Reform As Key to Pretrial Release

    1. Albert Ramirez, Attorney-at-Law, Fresno, California (Written Testimony)


    Pre-trial Services Using Programming, Alternative Supervision

    1. Marlon Yarber, Interim Chief, Yolo County Probation Department (Written Testimony)
       
    2. Scott MacDonald, Chief Probation Officer, Santa Cruz County Department of Probation (Written Testimony)
       

    Sentencing Reform: The New San Francisco Sentencing Commission

    1. Tara Anderson, Grants and Policy Manager, Office of District Attorney George Gascón, City and County of San Francisco (Written Testimony)
       
    2. Catherine McCracken, Program Director, Sentencing Service Program, California Sentencing Institute, Center on Juvenile and Criminal Justice, San Francisco (Written Testimony)
       

    Comments Submitted by Members of the Public

    • Carl V. Adams, President, California District Attorneys Association (Written Comments)
    Public Notice

    PUBLIC NOTICE

    FOR IMMEDIATE RELEASE 
    November 13, 2012

    For Additional Information Contact:
    Stuart Drown, Executive Director
    (916) 445-2125

    Notice of Meeting

    On Tuesday, November 27, 2012, the Little Hoover Commission will conduct a public hearing on bail schedules, sentencing reform and realignment as part of its ongoing assessment of public safety in California. The hearing will begin at 9 a.m. in Room 437 of the State Capitol in Sacramento.

    At this hearing, the Commission will determine whether a deeper examination of bail in California is warranted, given how bail schedules are set and how they differ by county. As part of this review, the Commission also wants to learn more about alternatives to bail that are employed by several counties in California. The Commission is interested in learning what conditions and capacity must exist at the local level for programs such as alternative supervision to be successful. The Commission is looking at two counties that have adopted such strategies, Santa Cruz County and Yolo County, to learn what has worked to help reduce the proportion of detainees that are awaiting trial. Realignment has made the management of jail populations in California counties a pressing issue, particularly in those counties that are operating under court-ordered jail capacity caps. The added pressure on jail resources from new, realigned, offender populations raises questions about the use of bail, and whether bail practices should be changed, or standardized, to enable the pretrial release of more people who are determined to be eligible for bail.

    The Commission will hear from the sheriff of Fresno County, which is dealing with jail overcrowding, as well as from a Fresno bail service owner who also is an advocate for the bail industry. The Commission also will hear from the probation department chief of Santa Cruz County, which has a well-established pretrial services program, and from the interim probation chief of Yolo County, which is two years into the development of its pretrial services program. The Commission, as part of an update of its 2007 study, “California Corrections Crisis: Time is Running Out,” will learn about progress being made toward sentencing reform at the new San Francisco Sentencing Commission and learn what more is needed.

    There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments.

    All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Tuesday, November 20, 2012.

    Video
  • March 13
    2013
    Bail and Sentencing Update
    1:30 p.m., Legislative Counsel Conference Room, Lower Level, 925 L
    Advisory Committee Meeting
    Agenda

    AGENDA

    Advisory Committee Meeting on Bail and Pre-Trial Diversion Services
    Wednesday, March 13, 2013, at 1:30 p.m.
    Legislative Counsel Conference Room, Lower Level
    925 L Street, Sacramento, CA


    Meeting Goals: To learn about the roles of bail schedules and validated risk and needs assessments in managing pre-trial populations within the larger context of state prison realignment.

    1:30 – 1:40 p.m.

    Welcome and Introduction 
    Subcommittee Chair Jonathan Shapiro and Executive Director Stuart Drown 

    1:40 – 3:30 p.m.

    Discussion: Stakeholders will provide their perspective on equity, transparency and consistency issues in the current bail system, the use of validated risk and needs assessments and funding for pre-trial programs and services.

    Public Notice

    PUBLIC NOTICE

    FOR IMMEDIATE RELEASE
    February 27, 2013

    For Additional Information Contact:
    Stuart Drown, Executive Director
    (916) 445-2125

    Notice of Public Meeting

    On Wednesday, March 13, 2013, the Little Hoover Commission will convene two separate advisory committee meetings. The first meeting will discuss women veterans’ issues and begin at 10 a.m. in the Legislative Counsel Conference Room, Lower Level, 925 L Street in Sacramento.

    The discussion will explore issues women veterans face while assimilating back into society. Participants also will discuss the ways in which organizations are reaching out to women veterans. A second advisory committee meeting will be held at the same location and begin at 1:30 p.m. The afternoon session will focus on bail and pre-trial diversion services. A separate group of experts have been invited to discuss this topic.

    All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Wednesday, March 6, 2013.

March 21
2013
Bail and Sentencing Update
9:00 a.m., State Capitol, Room 437, Sacramento, CA
Public Hearing
Agenda

AGENDA

Public Hearing on Bail and Sentencing Update
Thursday, March 21, 2013, at 9:00 a.m.
State Capitol, Room 437
Sacramento, CA


Opening Remarks

Panel One: Counties Need New Tools to Reduce Pre-Trial Populations

  1. Matthew Cate, Executive Director, California State Association of Counties, Former Secretary, California Department of Corrections and Rehabilitation (Written Testimony)
     

Panel Two: Bail and Pre-Trial Services: A View from the Judicial Bench

  1. Stephen V. Manley, Judge, Superior Court of California, County of Santa Clara
     

Panel Three: Fix What's Broken, but Beware of Unintended Consequences

  1. Margaret Dooley-Sammuli, Senior Policy Advocate, American Civil Liberties Union of California (Written Testimony)
     
  2. Christine Ward, Executive Director, Crime Victims Action Alliance and Crime Victims Assistance Network Foundation (Written Testimony)


Panel Four: Life in the Courtroom: Is There Really a Problem with Bail?

  1. Robin Lipetzky, Chief Public Defender, Contra Costa County, Member, Executive Committee, California Public Defenders Association (Written Testimony)
     
  2. Carl Adams, District Attorney, Sutter County, President, California District Attorneys Association (Written Testimony)
     

Comments Submitted by Members of the Public

  • Edward Latessa, Interim Dean and Professor, University of Cincinnati, College of Education, Criminal Justice and Human Services (Written Comments)
Public Notice

PUBLIC NOTICE

FOR IMMEDIATE RELEASE 
March 12, 2013

For Additional Information Contact:
Stuart Drown, Executive Director
(916) 445-2125

Notice of Meeting

On Thursday, March 21, 2013 the Little Hoover Commission will conduct a public hearing on bail schedules and pre-trial diversion services. The hearing will begin at 9 a.m. in Room 437 of the State Capitol in Sacramento.

The Little Hoover Commission is examining California’s use of commercial bail and pretrial diversion services at county jails as part of the Commission’s ongoing look at public safety realignment initiated in 2011. The combination of large pre-trial populations and new offenders who previously would have been sent to state prison is creating population management challenges for counties. At this hearing, the Commission will explore challenges that counties face in reducing their pre-trial jail populations, equity issues in the current bail system, the use of bail schedules, pre-trial alternatives to bail, and the expanding use of validated risk and needs assessment tools.

The Commission will hear from the current executive director of the California State Association of Counties and former Secretary of the California Department of Corrections and Rehabilitation, Matt Cate, who will provide a county-view perspective on pre-trial release in the context of state prison realignment. The Commission also will hear from a Santa Clara County Superior Court judge who will provide a view of bail schedules and pre-trial release options from the judicial bench. A senior policy advocate with the American Civil Liberties Union of California will testify about possible alternatives to the commercial bail system. The executive director of a crime victim assistance agency will provide her perspective on bail reform and the use of pre-trial release options. The Contra Costa County chief public defender and the Sutter County district attorney will address potential state-imposed changes to the bail system, including uniform statewide bail schedules along with alternatives to commercial bail.

There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments. Immediately following the hearing, the Commission will hold a business meeting in the Legislative Counsel Conference Room in the lower level of 925 L Street in Sacramento. Additional teleconference locations accessible to the public during the business meeting will be Rooms 5082 and 4034 at the State Capitol in Sacramento. Also, the Commission will meet for dinner on Wednesday, March 20, 2013, at 6 p.m. at the Esquire Grill at 1213 K Street in Sacramento.

All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445- 2125 or littlehoover@lhc.ca.gov by Thursday, March 14, 2013.

Video
November 27
2012
Bail and Sentencing Update
9:00 a.m., State Capitol, Room 437, Sacramento, CA
Public Hearing
Agenda

AGENDA

Public Hearing on Bail and Sentencing Update
Tuesday, November 27, 2012, at 9:00 a.m.
State Capitol, Room 437
Sacramento, CA


Opening Remarks

Realignment Brings New Pressures with Same Jail Constraints

  1. Margaret Mims, Sheriff, Fresno County (Written Testimony)
     

Bail Industry See Bail Schedule Reform As Key to Pretrial Release

  1. Albert Ramirez, Attorney-at-Law, Fresno, California (Written Testimony)


Pre-trial Services Using Programming, Alternative Supervision

  1. Marlon Yarber, Interim Chief, Yolo County Probation Department (Written Testimony)
     
  2. Scott MacDonald, Chief Probation Officer, Santa Cruz County Department of Probation (Written Testimony)
     

Sentencing Reform: The New San Francisco Sentencing Commission

  1. Tara Anderson, Grants and Policy Manager, Office of District Attorney George Gascón, City and County of San Francisco (Written Testimony)
     
  2. Catherine McCracken, Program Director, Sentencing Service Program, California Sentencing Institute, Center on Juvenile and Criminal Justice, San Francisco (Written Testimony)
     

Comments Submitted by Members of the Public

  • Carl V. Adams, President, California District Attorneys Association (Written Comments)
Public Notice

PUBLIC NOTICE

FOR IMMEDIATE RELEASE 
November 13, 2012

For Additional Information Contact:
Stuart Drown, Executive Director
(916) 445-2125

Notice of Meeting

On Tuesday, November 27, 2012, the Little Hoover Commission will conduct a public hearing on bail schedules, sentencing reform and realignment as part of its ongoing assessment of public safety in California. The hearing will begin at 9 a.m. in Room 437 of the State Capitol in Sacramento.

At this hearing, the Commission will determine whether a deeper examination of bail in California is warranted, given how bail schedules are set and how they differ by county. As part of this review, the Commission also wants to learn more about alternatives to bail that are employed by several counties in California. The Commission is interested in learning what conditions and capacity must exist at the local level for programs such as alternative supervision to be successful. The Commission is looking at two counties that have adopted such strategies, Santa Cruz County and Yolo County, to learn what has worked to help reduce the proportion of detainees that are awaiting trial. Realignment has made the management of jail populations in California counties a pressing issue, particularly in those counties that are operating under court-ordered jail capacity caps. The added pressure on jail resources from new, realigned, offender populations raises questions about the use of bail, and whether bail practices should be changed, or standardized, to enable the pretrial release of more people who are determined to be eligible for bail.

The Commission will hear from the sheriff of Fresno County, which is dealing with jail overcrowding, as well as from a Fresno bail service owner who also is an advocate for the bail industry. The Commission also will hear from the probation department chief of Santa Cruz County, which has a well-established pretrial services program, and from the interim probation chief of Yolo County, which is two years into the development of its pretrial services program. The Commission, as part of an update of its 2007 study, “California Corrections Crisis: Time is Running Out,” will learn about progress being made toward sentencing reform at the new San Francisco Sentencing Commission and learn what more is needed.

There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments.

All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Tuesday, November 20, 2012.

Video
March 13
2013
Bail and Sentencing Update
1:30 p.m., Legislative Counsel Conference Room, Lower Level, 925 L Street, Sacramento, CA
Advisory Committee Meeting
Agenda

AGENDA

Advisory Committee Meeting on Bail and Pre-Trial Diversion Services
Wednesday, March 13, 2013, at 1:30 p.m.
Legislative Counsel Conference Room, Lower Level
925 L Street, Sacramento, CA


Meeting Goals: To learn about the roles of bail schedules and validated risk and needs assessments in managing pre-trial populations within the larger context of state prison realignment.

1:30 – 1:40 p.m.

Welcome and Introduction 
Subcommittee Chair Jonathan Shapiro and Executive Director Stuart Drown 

1:40 – 3:30 p.m.

Discussion: Stakeholders will provide their perspective on equity, transparency and consistency issues in the current bail system, the use of validated risk and needs assessments and funding for pre-trial programs and services.

Public Notice

PUBLIC NOTICE

FOR IMMEDIATE RELEASE
February 27, 2013

For Additional Information Contact:
Stuart Drown, Executive Director
(916) 445-2125

Notice of Public Meeting

On Wednesday, March 13, 2013, the Little Hoover Commission will convene two separate advisory committee meetings. The first meeting will discuss women veterans’ issues and begin at 10 a.m. in the Legislative Counsel Conference Room, Lower Level, 925 L Street in Sacramento.

The discussion will explore issues women veterans face while assimilating back into society. Participants also will discuss the ways in which organizations are reaching out to women veterans. A second advisory committee meeting will be held at the same location and begin at 1:30 p.m. The afternoon session will focus on bail and pre-trial diversion services. A separate group of experts have been invited to discuss this topic.

All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Wednesday, March 6, 2013.