California Bail Reform Campaign Survey
ACLU of CA has prioritized working on bail reform and, as an organization doing critical work in the community we'd like your input.
Your Name *
Your Organization *
email address *
what's your best phone number? *
Which Best Describes Your Organization? *
if your organization is engaged in multiple change strategies please describe in the "other" box
Which Issue Area(s) does your organization primarily focus on? *
while we recognize your organization most likely works at the intersection of a number of these areas, please try to only pick the top 3 that would best describe your focus.
Required
how does the current bail system impact you, your organization, and or your base? *
Whether its a child who's parent is gone, losing a job, or simply contributing to overcrowding and the need for jail expansion, holding people in jail pretrial has many consequences on individuals, families, and the broader community. This question is meant to be a space for you to personalize these impacts on you and your work.
Please rank your level of support for the following bail reform goal *
Reform Goal: Safely and substantially reduce the number of people detained pretrial by (1) ending most reliance on money bail, and (2) shifting to a system of individualized determinations where the presumption is pretrial release utilizing the least restrictive option to ensure appearance in court and public safety.
Very Supportive
Not At All Supportive
If you marked something other than "very supportive" please explain *
If your reason was because the language was confusing or used too much jargon, please let us know and or provide suggested alternatives. What aspects of this goal would need to be changed / added / clarified to increase your level of support?
Please rank the following guiding policy principles for bail reform *
strongly agree
agree
neutral
disagree
strongly disagree
Access to money should not determine whether a person is released pretrial or held in detention.
The presumption should always be for individuals to be cited rather than arrested and, if detained, to be released pretrial on their own recognizance.
Individuals should not be financially responsible for their own conditions of release. The state should be responsible for the costs of pretrial supervision
For the purposes of pretrial decision making, “public safety” must be narrowly defined, for example, as harm to another person or harm to another person or property.
Any mechanism or methodology used to make the individualized finding should seek to eliminate the racial, ethnic, gender, class and other disparities already prevalent in the pretrial decision making process.
Pretrial decision-making must be based on open, transparent, and validated processes/tools with oversight
If an individualized finding does not support release on own recognizance, then courts should be required to grant pretrial release with the least restrictive condition(s) to assure against the perceived harm – of either failure to appear or public safety – stated in the individualized finding
To the extent financial conditions of release are permitted, courts should be precluded from imposing money bail unless the individualized finding against release on own recognizance strongly suggests that the individual will fail to appear and release with non-financial condition(s) will not reasonably assure appearance.
Courts should be precluded from imposing pretrial detention unless the court has found that there are no adequate condition(s) or combination of conditions that could be imposed on the individual’s release to reasonably assure: (a) appearance, (b) public safety or (c) both.
All pretrial detention decisions should be subject to either mandatory review within a short time (e.g., 48 hours in DC) or appeal where defendants can bring motions (e.g. New Jersey).
Individuals should only be subject to pretrial restraints on liberties, including pretrial supervision, conditions of release, and detention, if there is an individualized finding that pretrial release on an individual’s own recognizance will not adequately assure: (a) appearance, (b) public safety or (c) both.
What are 1-3 additional guiding policy principles that you feel would be important? *
You can stick to the format of the principles listed above or simply give us a few words such as "Reduces reliance on Jails" or "challenges systemic oppression" etc
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