AAP-CA Supports Prop 25 Replacing Money Bail System with One Based on Public Safety Risk (Nov 2020)

Proposition 25 would replace the money bail system with one that is based on public safety risk. 

People arrested for non-violent offenses and determined not to be a threat to public safety often remain locked up if they are unable to pay a non-refundable fee to a bail bondsman. Studies have shown that African-American and Hispanic defendants are more likely to be detained pending trial, less likely to make bail (which is assessed in higher amounts), and less likely to be granted release than similarly situated white defendants. 

The detention of a loved one can cause long-term negative health consequences for children. Toxic stress caused by the absence of protective relationships, such as a parent-child relationship, damages children’s emotional and physical health. During detention, parents can lose employment, housing, and medical coverage further endangering the children in their care.

Pretrial detention—in which the detained has not been proven guilty of a crime—should only be used when the harm caused by the detention is outweighed by the risk that the detainee will flee or cause harm.