In 2010, 71 percent of California’s jail population were those offenders who were unsentenced and awaiting resolution of their cases. This figure not only exceeds the pretrial detainee national average, but also represents a major shift away from the traditional use of jails where inmates are detained as a form of punishment. However, many of these pretrial detainees are not being held because they have been determined to be a danger to society or represent a flight risk. Rather, they remain in jail because they cannot afford to post bail.
When an individual is detained in jail they have few options for pretrial release: to bond out through a commercial bail bondsman, release on own recognizance, or be released under the supervision of a publicly funded pretrial service program. Unfortunately, not every county has a pretrial service program, and if that is the case, bonding out might be the individual’s only option for pretrial release if they are not eligible for release on own recognizance. However, with high unemployment rates and the current economic hardships many Californians are facing, it is becoming more difficult and less common for the poor and middle-class to be able to raise enough funds to post bail.
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