Pretrial services agencies continue to advocate for defendants to be released without being required to post bail.  Proponents of the plan say that when used properly, $0 bail release reduces inmate populations and saves taxpayer money. San Francisco, Santa Cruz and Santa Clara counties have implemented this type of program for nonviolent offenders who would otherwise be unable to afford to purchase bail bonds.  Advocates say this allows people who have not yet been convicted of a crime to return to their families, to return to work, and to continue to provide for their children while they are in the process of resolving their case.

The American Civil Liberties Union (ACLU) reportedly believes this type of program promotes public safety because judges use scientific evaluations to determine whether it is safe to release a defendant pending trial.  They also believe the monetary bail system is discriminatory to low income arrestees because many are simply unable to afford to hire a bondsman.  In addition, the ACLU said people who are able to secure pre-trial release have a higher acquittal rate, receive shorter sentences and are much less likely to accept a plea deal.

Opponents of the $0 bail option have been vocal in their stance, noting people who are released without being required to post bail are far more likely to skip court.   They also said these programs are inherently flawed in that they don’t take into consideration the nature of the crime a person has been charged with.

The San Francisco Pretrial Services Project denies having a higher skip rate.  Director Will Leong said 97% of $0 bail defendants in that county show up to court as required.  Supporters believe more counties should utilize this type of program.  At the current time more than 60% of the beds in county jails are occupied by pretrial defendants.  In others, overcrowding has become such a problem that convicted criminals are being released early.

The American Bail Coalition still believes the commercial bail is a better and safer option.  Defendants who are required to pay a percentage of their full bail are more likely to go to court, they said. If they skip, their bondsman faces steep financial penalties if they are unable to return them to the system.  The ABC does not feel that pretrial services has similar incentives to track down people who skip, nor do they have the financial resources to search for them.

The monetary bail system continues to stand in most California counties.  The matter, though, is ongoing.