Bail Bonds Companies Failed to Reveal Full Consequences of Co-Signing, Lawsuits Say
California Chief Justice: Bail Reform Process 'Unassailable'
California Bails on Cash Bail
Bill to End Cash Bail in California Moves Forward But Loses Some Support
S.F. Man Whose Case Upended California's Bail System Wins Release
Lawmakers Pushing Bail Reform Want More Info on Bail Bond Insurers
Kamala Harris and Rand Paul Introduce National Bail Reform Bill
Inside Santa Clara Jails, Predatory Bail Schemes Flourished for Years
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href=\"https://www.kqed.org/news/11667594/the-trials-of-marvin-mutch-video\">criminal justice\u003c/a> and policing for most of a decade. He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"markfiore":{"type":"authors","id":"3236","meta":{"index":"authors_1591205172","id":"3236","found":true},"name":"Mark Fiore","firstName":"Mark","lastName":"Fiore","slug":"markfiore","email":"mark@markfiore.com","display_author_email":false,"staff_mastheads":["news"],"title":"KQED News Cartoonist","bio":"\u003ca href=\"http://www.MarkFiore.com\">MarkFiore.com\u003c/a> | \u003ca href=\"https://twitter.com/markfiore\">Follow on Twitter\u003c/a> | \u003ca href=\"https://www.facebook.com/pages/Mark-Fiore-Animated-Political-Cartoons/94451707396?ref=bookmarks\">Facebook\u003c/a> | \u003ca href=\"mailto:mark@markfiore.com\">email\u003c/a>\r\n\r\nPulitzer Prize-winner, Mark Fiore, who the Wall Street Journal has called “the undisputed guru of the form,” creates animated political cartoons in San Francisco, where his work has been featured regularly on the San Francisco Chronicle’s web site, SFGate.com. His work has appeared on Newsweek.com, Slate.com, CBSNews.com, MotherJones.com, DailyKos.com and NPR’s web site. Fiore’s political animation has appeared on CNN, Frontline, Bill Moyers Journal, Salon.com and cable and broadcast outlets across the globe.\r\n\r\nBeginning his professional life by drawing traditional political cartoons for newspapers, Fiore’s work appeared in publications ranging from the Washington Post to the Los Angeles Times. In the late 1990s, he began to experiment with animating political cartoons and, after a short stint at the San Jose Mercury News as their staff cartoonist, Fiore devoted all his energies to animation.\r\nGrowing up in California, Fiore also spent a good portion of his life in the backwoods of Idaho. It was this combination that shaped him politically. Mark majored in political science at Colorado College, where, in a perfect send-off for a cartoonist, he received his diploma in 1991 as commencement speaker Dick Cheney smiled approvingly.\r\nMark Fiore was awarded the Pulitzer Prize for political cartooning in 2010, a Robert F. Kennedy Journalism Award in 2004 and has twice received an Online Journalism Award for commentary from the Online News Association (2002, 2008). Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twitter":"MarkFiore","facebook":null,"instagram":"https://www.instagram.com/markfiore/?hl=en","linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Mark Fiore | KQED","description":"KQED News Cartoonist","ogImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/markfiore"},"mlagos":{"type":"authors","id":"3239","meta":{"index":"authors_1591205172","id":"3239","found":true},"name":"Marisa Lagos","firstName":"Marisa","lastName":"Lagos","slug":"mlagos","email":"mlagos@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Marisa Lagos is a correspondent for KQED’s California Politics and Government Desk and co-hosts a weekly show and podcast, \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown.\u003c/span>\u003c/i> \u003cspan style=\"font-weight: 400;\">At KQED, Lagos conducts reporting, analysis and investigations into state, local and national politics for radio, TV and online. Every week, she and cohost Scott Shafer sit down with political insiders on \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">, where they offer a peek into lives and personalities of those driving politics in California and beyond. \u003c/span>\r\n\r\n\u003cspan style=\"font-weight: 400;\">Previously, she worked for nine years at the San Francisco Chronicle covering San Francisco City Hall and state politics; and at the San Francisco Examiner and Los Angeles Time,. She has won awards for her work investigating the 2017 wildfires and her ongoing coverage of criminal justice issues in California. She lives in San Francisco with her two sons and husband.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twitter":"@mlagos","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["author"]}],"headData":{"title":"Marisa Lagos | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mlagos"},"slewis":{"type":"authors","id":"8676","meta":{"index":"authors_1591205172","id":"8676","found":true},"name":"Sukey Lewis","firstName":"Sukey","lastName":"Lewis","slug":"slewis","email":"slewis@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Sukey Lewis is a criminal justice reporter and host of \u003cem>On Our Watch\u003c/em>, a new podcast from NPR and KQED about the shadow world of police discipline. In 2018, she co-founded the California Reporting Project, a coalition of newsrooms across the state focused on obtaining previously sealed internal affairs records from law enforcement. In addition to her reporting on police accountability, Sukey has investigated the bail bonds industry, California's wildfires and the high cost of prison phone calls. Sukey earned a master's degree in journalism from the University of California at Berkeley. Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"},"mfharvin":{"type":"authors","id":"11583","meta":{"index":"authors_1591205172","id":"11583","found":true},"name":"Mary Franklin Harvin","firstName":"Mary Franklin","lastName":"Harvin","slug":"mfharvin","email":"mfharvin@KQED.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":null,"avatar":"https://secure.gravatar.com/avatar/0e53510a7d48cfbdebfc9b11357d845f?s=600&d=blank&r=g","twitter":"EmEffHarvin","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Mary Franklin Harvin | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/0e53510a7d48cfbdebfc9b11357d845f?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/0e53510a7d48cfbdebfc9b11357d845f?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mfharvin"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal 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FM","link":"/"}},"news_11909305":{"type":"posts","id":"news_11909305","meta":{"index":"posts_1591205157","site":"news","id":"11909305","score":null,"sort":[1648247700000]},"guestAuthors":[],"slug":"bail-bonds-companies-failed-to-inform-customers-about-full-consequences-of-co-signing-lawsuits-say","title":"Bail Bonds Companies Failed to Reveal Full Consequences of Co-Signing, Lawsuits Say","publishDate":1648247700,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Building on a court victory from late last year, the law firm Edelson PC has filed suits against two of the largest bail bonds companies in California, \u003ca class=\"c-link\" href=\"https://s3.documentcloud.org/documents/21523671/10-medina-v-two-jinn-20220323.pdf\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://s3.documentcloud.org/documents/21523671/10-medina-v-two-jinn-20220323.pdf\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">Aladdin Bail Bonds\u003c/a> and \u003ca class=\"c-link\" href=\"https://s3.documentcloud.org/documents/21523678/2022-03-23-0001-complaint-against-all-pro-bail-bonds-inc-filing-fee-402-receipt-number-acandc-17018274-filed-bradley-v-all-pro-bail-bonds-inc.pdf\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://s3.documentcloud.org/documents/21523678/2022-03-23-0001-complaint-against-all-pro-bail-bonds-inc-filing-fee-402-receipt-number-acandc-17018274-filed-bradley-v-all-pro-bail-bonds-inc.pdf\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">All-Pro Bail Bonds\u003c/a>. Edelson has proposed that both be \u003ca href=\"https://edelson.com/california-bail-bonds\">expanded into class actions\u003c/a>.\u003c/p>\n\u003cp>The filings seek to void existing contracts and seek restitution in the form of refunds for people who’ve co-signed bail bond contracts without getting state-mandated notices that make clear what that obligation entails.\u003c/p>\n\u003cp>Yaman Salahi, a partner at Edelson’s San Francisco office, told KQED that the contracts could affect a co-signer’s credit, while also exposing them to lawsuits and wage garnishment.\u003c/p>\n\u003cp>“Those notices would have explained to people the consequences of co-signing, including that the bail bond companies could come after them for the balance of those loans, even without going to the person who had been arrested first,” Salahi added.\u003c/p>\n\u003cp>According to a \u003ca href=\"https://casetext.com/case/bbbb-bonding-corp-v-caldwell\">2021 California appellate court decision\u003c/a>, people who co-sign bail bonds are entering into a consumer credit loan contract and are protected by \u003ca href=\"https://casetext.com/statute/california-codes/california-civil-code/division-3-obligations/part-4-obligations-arising-from-particular-transactions/title-185-consumer-credit-contracts/section-179991-notice-to-cosignor\">a part of California consumer protection law\u003c/a> that mandates creditors provide notices that make clear to people what they are liable for when they co-sign on a debt.\u003c/p>\n\u003cp>This week's filings ask that bail contracts where the co-signer wasn’t provided this documentation be declared invalid and unenforceable. The filings also seek restitution in the form of refunds for people who were affected by this practice.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It’s very common for people who get arrested to not have even close to the amount they’d need to post bail — especially in California, where \u003ca href=\"https://www.ppic.org/publication/pretrial-detention-and-jail-capacity-in-california/#:~:text=Part%20of%20the%20difference%20in,nation%20(less%20than%20%2410%2C000)\">research shows the state’s median bail amount is $50,000\u003c/a>. That’s more than five times the median in the rest of the country.\u003c/p>\n\u003cp>To get around this, bail bonds companies will charge a nonrefundable premium to secure the rest of the loan. But many people can’t afford even \u003cem>those\u003c/em> premium charges, which could still be several thousand dollars. Instead, people can put a small amount down and then commit to a payment plan for the rest of the premium. As part of the payment plan, incarcerated folks are required to have a co-signer — basically a guarantor on a loan — and a lot of times friends or family members serve as guarantors.\u003c/p>\n\u003ch2>'They knew that I couldn't afford it'\u003c/h2>\n\u003cp>When Sherrie Lewis-Sonza’s son was arrested a few years ago, she agreed to co-sign his bond with All-Pro Bail Bonds, a company that has more than 20 locations throughout the state and offers a 20% discount to union members.\u003c/p>\n\u003cp>“I don't recall how much the bail bond was, but it was huge, and they knew that I couldn’t afford it,” Lewis-Sonza, 45, said. “But they still did it.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Yaman Salahi, partner, Edelson PC\"]'Cash bail is racist. It's classist. It punishes people simply because they’re poor.'[/pullquote]She lives in subsidized housing in San Francisco, and said the bail payments cost her $300 per month. She has a fixed income, living off the $900 she gets from disability and Social Security.\u003c/p>\n\u003cp>A year after co-signing on her son's All-Pro bond, she ended up signing onto another one after he was arrested again, this time with Aladdin Bail Bonds.\u003c/p>\n\u003cp>What a lot of co-signers like Lewis-Sonza don’t realize, Salahi said, is that bail bonds companies will come after them for the bail debts, even before seeking payment from the person who’s been arrested — and even if that person is no longer incarcerated.\u003c/p>\n\u003cp>This is one of the areas where providing an explanatory notice of liabilities could make a big difference in whether people decide to co-sign or not.\u003c/p>\n\u003cp>“They tend to go after the co-signers because they view those people as more creditworthy and able to pay,” Salahi said. “Many bail agents are very aggressive in trying to collect. And so people start receiving harassing phone calls, letters in the mail, phone calls at work.”\u003c/p>\n\u003cp>This is exactly what happened to Lewis-Sonza, even though she said her son was released within a week of his arrest.\u003c/p>\n\u003cp>“He was out at the time and they were still harassing us. They didn’t mess with him,” Lewis-Sonza said.\u003c/p>\n\u003cp>The debt burden stretched across her extended family. Not only did the company’s debt collectors dig up her grandmother’s information and start calling her, but the premium costs got so unaffordable for Lewis-Sonza that her brother and her son’s girlfriend also ended up co-signing. At one point, the bond companies also were garnishing the girlfriend’s wages, Lewis-Sonza said.\u003c/p>\n\u003cp>An important reminder here: The bail bond premium fee, which is usually 10% of full bail, is nonrefundable. So that’s a debt that will be owed even if the person who’s been arrested shows up in court or gets released.\u003c/p>\n\u003ch2>People of color bear disproportionate impact\u003c/h2>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/11535497/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents\">2017 study\u003c/a> showed that bail bonds cost San Francisco residents at least $15 million a year, and that most of the time the people paying these fees are women of color. People of color are disproportionately affected by bail.\u003c/p>\n\u003cp>“You are already talking about a population that is being targeted because they are economically vulnerable,” Salahi said. “They’re not in a position to pay out of pocket, and they're not in a position to post bail in some other way other than working through a bail agent.”\u003c/p>\n\u003cp>[aside postID=news_11535497 hero='https://ww2.kqed.org/app/uploads/sites/10/2017/06/RS25858_0M6A3565-qut-1038x576.jpg']And there can be vulnerabilities outside just financial strain that co-signers are coping with as they navigate the burdens of bail debt. Rio Scharf runs the \u003ca href=\"https://lccrsf.org/get-assistance/bail-clinic/\">Bail Clinic\u003c/a>, a service offered by the Lawyers' Committee for Civil Rights in San Francisco to help people navigate the bail system. Scharf said the clinic has helped several clients who ended up in bail bond debt as a result of relationships involving domestic violence.\u003c/p>\n\u003cp>“Sometimes our clients were in violent relationships, and when their partner was arrested, either for violence against them or for some other act, they [felt] coerced into co-signing on behalf of that partner,” Scharf explained.\u003c/p>\n\u003cp>Scharf also has had clients “who finally defended themselves against an abusive partner [and] were then arrested for that act of self-defense and are now shouldering debt from that arrest and the bail bond they had to secure to get themselves released from jail.” In some cases, Scharf said, the debts must still be repaid even if charges were never pressed against them or their case was subsequently dismissed.\u003c/p>\n\u003cp>The Lawyers' Committee for Civil Rights was one of several legal groups that raised the concerns that resulted in the 2021 ruling, which reaffirmed that bail bonds companies are, in fact, required to issue explanatory documentation to co-signers.\u003c/p>\n\u003cp>Working in conjunction with other pro bono legal support, Scharf and the Bail Clinic have been able to eliminate over $23,000 of Lewis-Sonza’s debt and secured a refund of more than $11,000.\u003c/p>\n\u003cp>“A lot of people go through it every day and don't know it. And I was just so lucky to come across them,” Lewis-Sonza said.\u003c/p>\n\u003cp>According to Scharf, between the All-Pro and Aladdin bonds, the combined premiums added up to $35,000. This means the combined full bail amounts were at least $350,000.\u003c/p>\n\u003cp>Both Salahi and Scharf see these co-signer issues as just a microcosm of a larger flawed system: cash bail.\u003c/p>\n\u003cp>“What the efforts of various people have demonstrated over the past several years is that cash bail is racist. It's classist. It punishes people simply because they’re poor,” Salahi said. “It’s not effective in making sure that people show up for their trial dates or in keeping communities safe.”\u003c/p>\n\u003cp>[aside postID=news_11866532 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS45504_013_KQED_SanFrancisco_BailBonds_10282020-qut-1020x680.jpg']Last year, the California Supreme Court \u003ca href=\"https://www.npr.org/2021/03/29/982417595/california-does-away-with-cash-bail-for-those-who-cant-afford-it\">decided to begin factoring in peoples’ financial standings when it came to setting bail\u003c/a>, but it’s too soon to tell how uniformly it will be enforced.\u003c/p>\n\u003cp>Salahi sees this week’s filings as one way to help lift some financial burdens.\u003c/p>\n\u003cp>“These lawsuits are just one piece of a broader effort to scrutinize this industry, as well as the practice of cash bail. And hopefully change things so that we are in a more equitable situation when it comes to the criminal justice system in California,” he said.\u003c/p>\n\u003cp>A press contact for the American Bail Coalition said its spokesperson was not familiar with the practices at issue in this story and therefore unable to comment. The California Bail Agents Association also had no comment.\u003c/p>\n\u003cp>Neither Aladdin Bail Bonds nor All-Pro Bail Bonds returned KQED’s calls requesting comment.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Bail bond co-signers are on the hook for huge bills. Two proposed class-action suits filed this week seek refunds for Californians who co-signed contracts without getting state-mandated notices that make clear what that obligation entails.","status":"publish","parent":0,"modified":1648576452,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":37,"wordCount":1563},"headData":{"title":"Bail Bonds Companies Failed to Reveal Full Consequences of Co-Signing, Lawsuits Say | KQED","description":"Bail bond co-signers are on the hook for huge bills. Two proposed class-action suits filed this week seek refunds for Californians who co-signed contracts without getting state-mandated notices that make clear what that obligation entails.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11909305 https://ww2.kqed.org/news/?p=11909305","disqusUrl":"https://ww2.kqed.org/news/2022/03/25/bail-bonds-companies-failed-to-inform-customers-about-full-consequences-of-co-signing-lawsuits-say/","disqusTitle":"Bail Bonds Companies Failed to Reveal Full Consequences of Co-Signing, Lawsuits Say","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/5490b0b7-d0d7-4a34-8cde-ae6700071730/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11909305/bail-bonds-companies-failed-to-inform-customers-about-full-consequences-of-co-signing-lawsuits-say","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Building on a court victory from late last year, the law firm Edelson PC has filed suits against two of the largest bail bonds companies in California, \u003ca class=\"c-link\" href=\"https://s3.documentcloud.org/documents/21523671/10-medina-v-two-jinn-20220323.pdf\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://s3.documentcloud.org/documents/21523671/10-medina-v-two-jinn-20220323.pdf\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">Aladdin Bail Bonds\u003c/a> and \u003ca class=\"c-link\" href=\"https://s3.documentcloud.org/documents/21523678/2022-03-23-0001-complaint-against-all-pro-bail-bonds-inc-filing-fee-402-receipt-number-acandc-17018274-filed-bradley-v-all-pro-bail-bonds-inc.pdf\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://s3.documentcloud.org/documents/21523678/2022-03-23-0001-complaint-against-all-pro-bail-bonds-inc-filing-fee-402-receipt-number-acandc-17018274-filed-bradley-v-all-pro-bail-bonds-inc.pdf\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">All-Pro Bail Bonds\u003c/a>. Edelson has proposed that both be \u003ca href=\"https://edelson.com/california-bail-bonds\">expanded into class actions\u003c/a>.\u003c/p>\n\u003cp>The filings seek to void existing contracts and seek restitution in the form of refunds for people who’ve co-signed bail bond contracts without getting state-mandated notices that make clear what that obligation entails.\u003c/p>\n\u003cp>Yaman Salahi, a partner at Edelson’s San Francisco office, told KQED that the contracts could affect a co-signer’s credit, while also exposing them to lawsuits and wage garnishment.\u003c/p>\n\u003cp>“Those notices would have explained to people the consequences of co-signing, including that the bail bond companies could come after them for the balance of those loans, even without going to the person who had been arrested first,” Salahi added.\u003c/p>\n\u003cp>According to a \u003ca href=\"https://casetext.com/case/bbbb-bonding-corp-v-caldwell\">2021 California appellate court decision\u003c/a>, people who co-sign bail bonds are entering into a consumer credit loan contract and are protected by \u003ca href=\"https://casetext.com/statute/california-codes/california-civil-code/division-3-obligations/part-4-obligations-arising-from-particular-transactions/title-185-consumer-credit-contracts/section-179991-notice-to-cosignor\">a part of California consumer protection law\u003c/a> that mandates creditors provide notices that make clear to people what they are liable for when they co-sign on a debt.\u003c/p>\n\u003cp>This week's filings ask that bail contracts where the co-signer wasn’t provided this documentation be declared invalid and unenforceable. The filings also seek restitution in the form of refunds for people who were affected by this practice.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It’s very common for people who get arrested to not have even close to the amount they’d need to post bail — especially in California, where \u003ca href=\"https://www.ppic.org/publication/pretrial-detention-and-jail-capacity-in-california/#:~:text=Part%20of%20the%20difference%20in,nation%20(less%20than%20%2410%2C000)\">research shows the state’s median bail amount is $50,000\u003c/a>. That’s more than five times the median in the rest of the country.\u003c/p>\n\u003cp>To get around this, bail bonds companies will charge a nonrefundable premium to secure the rest of the loan. But many people can’t afford even \u003cem>those\u003c/em> premium charges, which could still be several thousand dollars. Instead, people can put a small amount down and then commit to a payment plan for the rest of the premium. As part of the payment plan, incarcerated folks are required to have a co-signer — basically a guarantor on a loan — and a lot of times friends or family members serve as guarantors.\u003c/p>\n\u003ch2>'They knew that I couldn't afford it'\u003c/h2>\n\u003cp>When Sherrie Lewis-Sonza’s son was arrested a few years ago, she agreed to co-sign his bond with All-Pro Bail Bonds, a company that has more than 20 locations throughout the state and offers a 20% discount to union members.\u003c/p>\n\u003cp>“I don't recall how much the bail bond was, but it was huge, and they knew that I couldn’t afford it,” Lewis-Sonza, 45, said. “But they still did it.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Cash bail is racist. It's classist. It punishes people simply because they’re poor.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Yaman Salahi, partner, Edelson PC","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>She lives in subsidized housing in San Francisco, and said the bail payments cost her $300 per month. She has a fixed income, living off the $900 she gets from disability and Social Security.\u003c/p>\n\u003cp>A year after co-signing on her son's All-Pro bond, she ended up signing onto another one after he was arrested again, this time with Aladdin Bail Bonds.\u003c/p>\n\u003cp>What a lot of co-signers like Lewis-Sonza don’t realize, Salahi said, is that bail bonds companies will come after them for the bail debts, even before seeking payment from the person who’s been arrested — and even if that person is no longer incarcerated.\u003c/p>\n\u003cp>This is one of the areas where providing an explanatory notice of liabilities could make a big difference in whether people decide to co-sign or not.\u003c/p>\n\u003cp>“They tend to go after the co-signers because they view those people as more creditworthy and able to pay,” Salahi said. “Many bail agents are very aggressive in trying to collect. And so people start receiving harassing phone calls, letters in the mail, phone calls at work.”\u003c/p>\n\u003cp>This is exactly what happened to Lewis-Sonza, even though she said her son was released within a week of his arrest.\u003c/p>\n\u003cp>“He was out at the time and they were still harassing us. They didn’t mess with him,” Lewis-Sonza said.\u003c/p>\n\u003cp>The debt burden stretched across her extended family. Not only did the company’s debt collectors dig up her grandmother’s information and start calling her, but the premium costs got so unaffordable for Lewis-Sonza that her brother and her son’s girlfriend also ended up co-signing. At one point, the bond companies also were garnishing the girlfriend’s wages, Lewis-Sonza said.\u003c/p>\n\u003cp>An important reminder here: The bail bond premium fee, which is usually 10% of full bail, is nonrefundable. So that’s a debt that will be owed even if the person who’s been arrested shows up in court or gets released.\u003c/p>\n\u003ch2>People of color bear disproportionate impact\u003c/h2>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/11535497/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents\">2017 study\u003c/a> showed that bail bonds cost San Francisco residents at least $15 million a year, and that most of the time the people paying these fees are women of color. People of color are disproportionately affected by bail.\u003c/p>\n\u003cp>“You are already talking about a population that is being targeted because they are economically vulnerable,” Salahi said. “They’re not in a position to pay out of pocket, and they're not in a position to post bail in some other way other than working through a bail agent.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11535497","hero":"https://ww2.kqed.org/app/uploads/sites/10/2017/06/RS25858_0M6A3565-qut-1038x576.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>And there can be vulnerabilities outside just financial strain that co-signers are coping with as they navigate the burdens of bail debt. Rio Scharf runs the \u003ca href=\"https://lccrsf.org/get-assistance/bail-clinic/\">Bail Clinic\u003c/a>, a service offered by the Lawyers' Committee for Civil Rights in San Francisco to help people navigate the bail system. Scharf said the clinic has helped several clients who ended up in bail bond debt as a result of relationships involving domestic violence.\u003c/p>\n\u003cp>“Sometimes our clients were in violent relationships, and when their partner was arrested, either for violence against them or for some other act, they [felt] coerced into co-signing on behalf of that partner,” Scharf explained.\u003c/p>\n\u003cp>Scharf also has had clients “who finally defended themselves against an abusive partner [and] were then arrested for that act of self-defense and are now shouldering debt from that arrest and the bail bond they had to secure to get themselves released from jail.” In some cases, Scharf said, the debts must still be repaid even if charges were never pressed against them or their case was subsequently dismissed.\u003c/p>\n\u003cp>The Lawyers' Committee for Civil Rights was one of several legal groups that raised the concerns that resulted in the 2021 ruling, which reaffirmed that bail bonds companies are, in fact, required to issue explanatory documentation to co-signers.\u003c/p>\n\u003cp>Working in conjunction with other pro bono legal support, Scharf and the Bail Clinic have been able to eliminate over $23,000 of Lewis-Sonza’s debt and secured a refund of more than $11,000.\u003c/p>\n\u003cp>“A lot of people go through it every day and don't know it. And I was just so lucky to come across them,” Lewis-Sonza said.\u003c/p>\n\u003cp>According to Scharf, between the All-Pro and Aladdin bonds, the combined premiums added up to $35,000. This means the combined full bail amounts were at least $350,000.\u003c/p>\n\u003cp>Both Salahi and Scharf see these co-signer issues as just a microcosm of a larger flawed system: cash bail.\u003c/p>\n\u003cp>“What the efforts of various people have demonstrated over the past several years is that cash bail is racist. It's classist. It punishes people simply because they’re poor,” Salahi said. “It’s not effective in making sure that people show up for their trial dates or in keeping communities safe.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11866532","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS45504_013_KQED_SanFrancisco_BailBonds_10282020-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Last year, the California Supreme Court \u003ca href=\"https://www.npr.org/2021/03/29/982417595/california-does-away-with-cash-bail-for-those-who-cant-afford-it\">decided to begin factoring in peoples’ financial standings when it came to setting bail\u003c/a>, but it’s too soon to tell how uniformly it will be enforced.\u003c/p>\n\u003cp>Salahi sees this week’s filings as one way to help lift some financial burdens.\u003c/p>\n\u003cp>“These lawsuits are just one piece of a broader effort to scrutinize this industry, as well as the practice of cash bail. And hopefully change things so that we are in a more equitable situation when it comes to the criminal justice system in California,” he said.\u003c/p>\n\u003cp>A press contact for the American Bail Coalition said its spokesperson was not familiar with the practices at issue in this story and therefore unable to comment. The California Bail Agents Association also had no comment.\u003c/p>\n\u003cp>Neither Aladdin Bail Bonds nor All-Pro Bail Bonds returned KQED’s calls requesting comment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11909305/bail-bonds-companies-failed-to-inform-customers-about-full-consequences-of-co-signing-lawsuits-say","authors":["11583"],"categories":["news_6188","news_8"],"tags":["news_20756","news_24889","news_18538","news_24036","news_27626"],"featImg":"news_11909348","label":"news"},"news_11690832":{"type":"posts","id":"news_11690832","meta":{"index":"posts_1591205157","site":"news","id":"11690832","score":null,"sort":[1536277477000]},"guestAuthors":[],"slug":"california-chief-justice-bail-reform-process-unassailable","title":"California Chief Justice: Bail Reform Process 'Unassailable'","publishDate":1536277477,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>California Chief Justice Tani Cantil-Sakauye defended the recent -- and controversial -- reform of California's bail system in an interview on \u003ca href=\"https://www.kqed.org/news/tag/political-breakdown\">KQED's Political Breakdown podcast\u003c/a> this week.\u003c/p>\n\u003cp>\"I can't say too much about (Senate Bill) 10 because if it's litigated, it likely will come before the Supreme Court,\" she said. \"But I will say this -- the process was unassailable.\"\u003c/p>\n\u003cp>Senate Bill 10 was \u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\">signed by Gov. Jerry Brown last week\u003c/a>. It will eliminate cash bail next October and replace it with a system that relies more on risk assessments of defendants and judges' discretion.\u003c/p>\n\u003cp>The bail industry is starting to collect signatures in an attempt to repeal the law at the ballot box. And some civil rights groups also \u003ca href=\"https://www.kqed.org/news/11687273/bill-to-end-cash-bail-in-california-moves-forward-but-loses-some-support\">opposed the final measure\u003c/a>, saying it will result in more people being held in jail.\u003c/p>\n\u003cp>But Cantil-Sakauye held up the legislation as evidence of government working well, noting that she \u003ca href=\"http://www.courts.ca.gov/pretrialreform.htm\">appointed a panel\u003c/a> of 10 judges and one court executive officer to \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\">study the issue for a full year\u003c/a> before they made a \u003ca href=\"https://www.kqed.org/news/11625643/chief-justice-says-california-should-end-money-bail\">series of recommendations\u003c/a> that she supported.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I purposefully picked very diverse folks -- I picked experienced judges, newer judges, judges from rural and urban counties, judges from metropolitan areas, a judge who had been a former cop or CHP officer, judges who had been a former DA or a former public defender,\" she said. \"They studied it for a year before coming out with recommendations.\"\u003c/p>\n\u003cp>Then, she said, the legislative branch incorporated the recommendations into a bill, the executive branch was \"open minded to it,\" and the judicial branch provided \"information and research that wasn't otherwise available.\"\u003c/p>\n\u003cp>\"So whatever people may say about SB 10, it was a collective three-branch solution. Three branches came together to correct what everyone says is a money bail system that didn't work,\" she said.\u003c/p>\n\u003cp>Some civil rights groups complained that the final version of the law lets judges keep defendants accused of violent crimes behind bars while they await trial.\u003c/p>\n\u003cp>That process is known as preventative detention -- and critics of the new law have raised questions about its constitutionality.\u003c/p>\n\u003cp>But the chief justice says that policy was a key part of the judicial recommendations.\u003c/p>\n\u003cp>\"In our \u003ca href=\"http://www.courts.ca.gov/documents/PDRReport-20171023.pdf\">110 page report\u003c/a> by the pretrial detention work group, it addresses this because the United States addressed it,\" Cantil-Sakauye said.\u003c/p>\n\u003cp>She noted that the U.S. Supreme Court upheld preventative detention in the 1987 case \u003cem>United States v. Salerno\u003c/em>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ci>Marisa Lagos and Scott Shafer are the hosts of \u003c/i>\u003ca href=\"https://ww2.kqed.org/news/tag/political-breakdown/\">Political Breakdown\u003c/a>\u003ci>, a weekly podcast and radio program on California politics. Subscribe on \u003ca href=\"https://itunes.apple.com/us/podcast/political-breakdown/id1327641087?mt=2\">Apple Podcasts\u003c/a>. \u003c/i>\u003c/p>\n\n","blocks":[],"excerpt":"State Supreme Court Chief Justice Tani Cantil-Sakauye defended California's new law ending cash bail, saying it's an example of government's three branches working well together.","status":"publish","parent":0,"modified":1536346959,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":439},"headData":{"title":"California Chief Justice: Bail Reform Process 'Unassailable' | KQED","description":"State Supreme Court Chief Justice Tani Cantil-Sakauye defended California's new law ending cash bail, saying it's an example of government's three branches working well together.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11690832 https://ww2.kqed.org/news/?p=11690832","disqusUrl":"https://ww2.kqed.org/news/2018/09/06/california-chief-justice-bail-reform-process-unassailable/","disqusTitle":"California Chief Justice: Bail Reform Process 'Unassailable'","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/09/LagosBailReformTCRAM180907.mp3","audioTrackLength":144,"path":"/news/11690832/california-chief-justice-bail-reform-process-unassailable","audioDuration":158000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Chief Justice Tani Cantil-Sakauye defended the recent -- and controversial -- reform of California's bail system in an interview on \u003ca href=\"https://www.kqed.org/news/tag/political-breakdown\">KQED's Political Breakdown podcast\u003c/a> this week.\u003c/p>\n\u003cp>\"I can't say too much about (Senate Bill) 10 because if it's litigated, it likely will come before the Supreme Court,\" she said. \"But I will say this -- the process was unassailable.\"\u003c/p>\n\u003cp>Senate Bill 10 was \u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\">signed by Gov. Jerry Brown last week\u003c/a>. It will eliminate cash bail next October and replace it with a system that relies more on risk assessments of defendants and judges' discretion.\u003c/p>\n\u003cp>The bail industry is starting to collect signatures in an attempt to repeal the law at the ballot box. And some civil rights groups also \u003ca href=\"https://www.kqed.org/news/11687273/bill-to-end-cash-bail-in-california-moves-forward-but-loses-some-support\">opposed the final measure\u003c/a>, saying it will result in more people being held in jail.\u003c/p>\n\u003cp>But Cantil-Sakauye held up the legislation as evidence of government working well, noting that she \u003ca href=\"http://www.courts.ca.gov/pretrialreform.htm\">appointed a panel\u003c/a> of 10 judges and one court executive officer to \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\">study the issue for a full year\u003c/a> before they made a \u003ca href=\"https://www.kqed.org/news/11625643/chief-justice-says-california-should-end-money-bail\">series of recommendations\u003c/a> that she supported.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I purposefully picked very diverse folks -- I picked experienced judges, newer judges, judges from rural and urban counties, judges from metropolitan areas, a judge who had been a former cop or CHP officer, judges who had been a former DA or a former public defender,\" she said. \"They studied it for a year before coming out with recommendations.\"\u003c/p>\n\u003cp>Then, she said, the legislative branch incorporated the recommendations into a bill, the executive branch was \"open minded to it,\" and the judicial branch provided \"information and research that wasn't otherwise available.\"\u003c/p>\n\u003cp>\"So whatever people may say about SB 10, it was a collective three-branch solution. Three branches came together to correct what everyone says is a money bail system that didn't work,\" she said.\u003c/p>\n\u003cp>Some civil rights groups complained that the final version of the law lets judges keep defendants accused of violent crimes behind bars while they await trial.\u003c/p>\n\u003cp>That process is known as preventative detention -- and critics of the new law have raised questions about its constitutionality.\u003c/p>\n\u003cp>But the chief justice says that policy was a key part of the judicial recommendations.\u003c/p>\n\u003cp>\"In our \u003ca href=\"http://www.courts.ca.gov/documents/PDRReport-20171023.pdf\">110 page report\u003c/a> by the pretrial detention work group, it addresses this because the United States addressed it,\" Cantil-Sakauye said.\u003c/p>\n\u003cp>She noted that the U.S. Supreme Court upheld preventative detention in the 1987 case \u003cem>United States v. Salerno\u003c/em>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ci>Marisa Lagos and Scott Shafer are the hosts of \u003c/i>\u003ca href=\"https://ww2.kqed.org/news/tag/political-breakdown/\">Political Breakdown\u003c/a>\u003ci>, a weekly podcast and radio program on California politics. Subscribe on \u003ca href=\"https://itunes.apple.com/us/podcast/political-breakdown/id1327641087?mt=2\">Apple Podcasts\u003c/a>. \u003c/i>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11690832/california-chief-justice-bail-reform-process-unassailable","authors":["3239"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_18821","news_20756","news_2704","news_24036","news_4025","news_30","news_2960","news_21366","news_1135"],"featImg":"news_11690887","label":"news_72"},"news_11689423":{"type":"posts","id":"news_11689423","meta":{"index":"posts_1591205157","site":"news","id":"11689423","score":null,"sort":[1535578036000]},"guestAuthors":[],"slug":"california-bails-on-cash-bail","title":"California Bails on Cash Bail","publishDate":1535578036,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Gov. Jerry Brown signed a bill that will \u003ca href=\"http://bit.ly/fiorebailend\" target=\"_blank\" rel=\"noopener\">completely end cash bail\u003c/a> in California and hand far more power to judges.\u003c/p>\n\u003cp>Brown \u003ca href=\"https://www.pbs.org/newshour/show/california-governor-signs-landmark-bill-to-eliminate-cash-bail\" target=\"_blank\" rel=\"noopener\">signed the bill on Tuesday\u003c/a> saying, “today, California reforms its bail system so that rich and poor alike are treated fairly.\"\u003c/p>\n\u003cp>Beginning in October 2019, people arrested for a crime will no longer be able to put up their own money or borrow it from a bail bond agent in order to stay out of jail before trial.\u003c/p>\n\u003cp>Judges, with the aid of \u003ca href=\"https://www.kqed.org/news/11619469/bail-or-jail-tool-used-by-san-francisco-courts-shows-promising-results\" target=\"_blank\" rel=\"noopener\">risk assessment tools\u003c/a>, will decide if a defendant can be safely released while awaiting trial.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Gov. Jerry Brown signed a bill that will completely end cash bail in California and hand far more power to judges.","status":"publish","parent":0,"modified":1535578036,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":6,"wordCount":104},"headData":{"title":"California Bails on Cash Bail | KQED","description":"Gov. Jerry Brown signed a bill that will completely end cash bail in California and hand far more power to judges.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11689423 https://ww2.kqed.org/news/?p=11689423","disqusUrl":"https://ww2.kqed.org/news/2018/08/29/california-bails-on-cash-bail/","disqusTitle":"California Bails on Cash Bail","path":"/news/11689423/california-bails-on-cash-bail","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Jerry Brown signed a bill that will \u003ca href=\"http://bit.ly/fiorebailend\" target=\"_blank\" rel=\"noopener\">completely end cash bail\u003c/a> in California and hand far more power to judges.\u003c/p>\n\u003cp>Brown \u003ca href=\"https://www.pbs.org/newshour/show/california-governor-signs-landmark-bill-to-eliminate-cash-bail\" target=\"_blank\" rel=\"noopener\">signed the bill on Tuesday\u003c/a> saying, “today, California reforms its bail system so that rich and poor alike are treated fairly.\"\u003c/p>\n\u003cp>Beginning in October 2019, people arrested for a crime will no longer be able to put up their own money or borrow it from a bail bond agent in order to stay out of jail before trial.\u003c/p>\n\u003cp>Judges, with the aid of \u003ca href=\"https://www.kqed.org/news/11619469/bail-or-jail-tool-used-by-san-francisco-courts-shows-promising-results\" target=\"_blank\" rel=\"noopener\">risk assessment tools\u003c/a>, will decide if a defendant can be safely released while awaiting trial.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11689423/california-bails-on-cash-bail","authors":["3236"],"programs":["news_72"],"series":["news_18515"],"categories":["news_1758","news_6188","news_8","news_13"],"tags":["news_18821","news_20756","news_24036","news_21364"],"featImg":"news_11689437","label":"news_72"},"news_11687273":{"type":"posts","id":"news_11687273","meta":{"index":"posts_1591205157","site":"news","id":"11687273","score":null,"sort":[1534462572000]},"guestAuthors":[],"slug":"bill-to-end-cash-bail-in-california-moves-forward-but-loses-some-support","title":"Bill to End Cash Bail in California Moves Forward But Loses Some Support","publishDate":1534462572,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A \u003ca href=\"https://www.kqed.org/news/11463141/push-to-limit-money-bail-gains-steam-in-california\">long-awaited\u003c/a> compromise on an ambitious proposal to overhaul the way California treats people accused of crimes was unveiled Thursday and now faces one more hurdle — a vote in the state Assembly — before it can be sent to Gov. Jerry Brown.\u003c/p>\n\u003cp>The compromise would end cash bail in California by next fall. Changes made to the bill after months of talks between key players, including Brown, helped the measure clear a key legislative committee but left some of the vociferous critics of the current bail system unhappy with the agreement. Representatives of the ACLU of California, for example, said the organization will not support the legislation, Senate Bill 10.\u003c/p>\n\u003cp>But bill author Sen. Bob Hertzberg said the measure will make California's justice system more \"just and fair.\" He's shepherded the legislation through a nearly two-year process.\u003c/p>\n\u003cp>The Los Angeles Democrat who has been in politics for more than 20 years said it was perhaps the longest legislative debate he's ever been involved in.\u003c/p>\n\u003cp>\"It's been challenging making this fundamental sea change in the criminal justice system in California that \u003ca href=\"https://www.kqed.org/news/11535497/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents\">discriminates against people who are poor\u003c/a>,\" Hertzberg said. \"That's the issue: We have, baked in our law ... a system that punishes people, that takes away their liberty because they have less money in their pocket.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Hertzberg said SB 10 would change all that.\u003c/p>\n\u003cp>The bill still needs to be approved by the Assembly and signed by Brown, but its passage seems likely given legislative leaders' support. Brown's office has been intimately involved with the negotiations.\u003c/p>\n\u003cp>Both Brown and Chief Justice Tani Cantil-Sakauye \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\">came out in support\u003c/a> of the concept of bail reform last year but asked backers of the change to wait until this year to allow for more time to study the issue.\u003c/p>\n\u003cp>Under the bill, cash bail — whereby criminal defendants can get out of jail if they pay a set amount of money or pay a bail company to post a bond — will end Oct. 1, 2019, and be replaced by a pretrial release system.\u003c/p>\n\u003cp>Each county will be charged with coming up with its own pretrial system, which would include a risk assessment tool that considers a number of factors to gauge whether a defendant is low, medium or high risk. SB 10 gives state courts in each county a significant amount of leeway to decide what parameters they should consider when weighing whether to release someone and gives considerable power to individual judges to decide which defendants are suitable for release.\u003c/p>\n\u003cp>The bill would require that most nonviolent misdemeanor defendants are released from jail within 12 hours. Low-risk offenders would be released on their own recognizance, without any supervision. Medium-risk defendants could be either released or detained, depending on the rules developed by the superior court in each county.\u003c/p>\n\u003cp>And defendants charged with violent crimes or deemed high risk would be kept in jail until they face trial.\u003c/p>\n\u003cp>Vesting courts and judges instead of independent pretrial service agencies with that kind of power is at the heart of the ACLU's decision to remove its support for the bill.\u003c/p>\n\u003cp>In a statement, ACLU of California lobbyist Natasha Minsker, who has been involved in the negotiations over bail reform, commended Hertzberg for advancing a bill that will \"effectively eliminate the exploitative and abusive commercial bail industry that preys on low-income people.\"\u003c/p>\n\u003cp>But, she added, \"SB 10 needs to go further to be the model for pretrial justice and racial equity that we are working towards. Any model must include data collection that allows independent analysis to identify racial bias in the system, supports the use of independent pretrial service agencies recognized as the best practice in pretrial justice, and ensures stronger due process protections for all Californians, no matter where they live.\"\u003c/p>\n\u003cp>But other liberal advocacy groups, including the Western Center on Law and Poverty and Californians for Safety and Justice, appeared alongside Hertzberg and Oakland Democratic Assemblyman Rob Bonta, who co-authored the bill, at a press conference to celebrate.\u003c/p>\n\u003cp>The previously opposed Chief Probation Officers of California said they are happy with the changes and are now in support.\u003c/p>\n\u003cp>Bonta said the bill strikes a middle ground, and Hertzberg said he plans to introduce future legislation to mandate more data collection.\u003c/p>\n\u003cp>\"Some of you may have heard rumors along the way to the effect that we were watering down,\" Bonta said. \"I say take another look.\"\u003c/p>\n\u003cp>\"From the beginning, we said we were going to reform money bail,\" he added, \"and with this bill we are actually abolishing it. I would say that is significant fundamental reform.\"\u003c/p>\n\u003cp>Bonta said the bill's changes would also protect public safety and \"make sure nonviolent, low-risk defendants are not unnecessarily locked in jail and those who are truly a safety risk to others are held in custody.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>One group that will not be happy with the bill: The bail industry, which has lobbied hard against any changes and seems likely to challenge SB 10 in court if it becomes law.\u003c/p>\n\n","blocks":[],"excerpt":"A nearly two-year fight over whether to replace cash bail with an alternative system cleared a key hurdle Thursday. ","status":"publish","parent":0,"modified":1534534799,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":857},"headData":{"title":"Bill to End Cash Bail in California Moves Forward But Loses Some Support | KQED","description":"A nearly two-year fight over whether to replace cash bail with an alternative system cleared a key hurdle Thursday. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11687273 https://ww2.kqed.org/news/?p=11687273","disqusUrl":"https://ww2.kqed.org/news/2018/08/16/bill-to-end-cash-bail-in-california-moves-forward-but-loses-some-support/","disqusTitle":"Bill to End Cash Bail in California Moves Forward But Loses Some Support","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/08/LagosBailCompromiseTCRAM180817.mp3","path":"/news/11687273/bill-to-end-cash-bail-in-california-moves-forward-but-loses-some-support","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A \u003ca href=\"https://www.kqed.org/news/11463141/push-to-limit-money-bail-gains-steam-in-california\">long-awaited\u003c/a> compromise on an ambitious proposal to overhaul the way California treats people accused of crimes was unveiled Thursday and now faces one more hurdle — a vote in the state Assembly — before it can be sent to Gov. Jerry Brown.\u003c/p>\n\u003cp>The compromise would end cash bail in California by next fall. Changes made to the bill after months of talks between key players, including Brown, helped the measure clear a key legislative committee but left some of the vociferous critics of the current bail system unhappy with the agreement. Representatives of the ACLU of California, for example, said the organization will not support the legislation, Senate Bill 10.\u003c/p>\n\u003cp>But bill author Sen. Bob Hertzberg said the measure will make California's justice system more \"just and fair.\" He's shepherded the legislation through a nearly two-year process.\u003c/p>\n\u003cp>The Los Angeles Democrat who has been in politics for more than 20 years said it was perhaps the longest legislative debate he's ever been involved in.\u003c/p>\n\u003cp>\"It's been challenging making this fundamental sea change in the criminal justice system in California that \u003ca href=\"https://www.kqed.org/news/11535497/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents\">discriminates against people who are poor\u003c/a>,\" Hertzberg said. \"That's the issue: We have, baked in our law ... a system that punishes people, that takes away their liberty because they have less money in their pocket.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Hertzberg said SB 10 would change all that.\u003c/p>\n\u003cp>The bill still needs to be approved by the Assembly and signed by Brown, but its passage seems likely given legislative leaders' support. Brown's office has been intimately involved with the negotiations.\u003c/p>\n\u003cp>Both Brown and Chief Justice Tani Cantil-Sakauye \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\">came out in support\u003c/a> of the concept of bail reform last year but asked backers of the change to wait until this year to allow for more time to study the issue.\u003c/p>\n\u003cp>Under the bill, cash bail — whereby criminal defendants can get out of jail if they pay a set amount of money or pay a bail company to post a bond — will end Oct. 1, 2019, and be replaced by a pretrial release system.\u003c/p>\n\u003cp>Each county will be charged with coming up with its own pretrial system, which would include a risk assessment tool that considers a number of factors to gauge whether a defendant is low, medium or high risk. SB 10 gives state courts in each county a significant amount of leeway to decide what parameters they should consider when weighing whether to release someone and gives considerable power to individual judges to decide which defendants are suitable for release.\u003c/p>\n\u003cp>The bill would require that most nonviolent misdemeanor defendants are released from jail within 12 hours. Low-risk offenders would be released on their own recognizance, without any supervision. Medium-risk defendants could be either released or detained, depending on the rules developed by the superior court in each county.\u003c/p>\n\u003cp>And defendants charged with violent crimes or deemed high risk would be kept in jail until they face trial.\u003c/p>\n\u003cp>Vesting courts and judges instead of independent pretrial service agencies with that kind of power is at the heart of the ACLU's decision to remove its support for the bill.\u003c/p>\n\u003cp>In a statement, ACLU of California lobbyist Natasha Minsker, who has been involved in the negotiations over bail reform, commended Hertzberg for advancing a bill that will \"effectively eliminate the exploitative and abusive commercial bail industry that preys on low-income people.\"\u003c/p>\n\u003cp>But, she added, \"SB 10 needs to go further to be the model for pretrial justice and racial equity that we are working towards. Any model must include data collection that allows independent analysis to identify racial bias in the system, supports the use of independent pretrial service agencies recognized as the best practice in pretrial justice, and ensures stronger due process protections for all Californians, no matter where they live.\"\u003c/p>\n\u003cp>But other liberal advocacy groups, including the Western Center on Law and Poverty and Californians for Safety and Justice, appeared alongside Hertzberg and Oakland Democratic Assemblyman Rob Bonta, who co-authored the bill, at a press conference to celebrate.\u003c/p>\n\u003cp>The previously opposed Chief Probation Officers of California said they are happy with the changes and are now in support.\u003c/p>\n\u003cp>Bonta said the bill strikes a middle ground, and Hertzberg said he plans to introduce future legislation to mandate more data collection.\u003c/p>\n\u003cp>\"Some of you may have heard rumors along the way to the effect that we were watering down,\" Bonta said. \"I say take another look.\"\u003c/p>\n\u003cp>\"From the beginning, we said we were going to reform money bail,\" he added, \"and with this bill we are actually abolishing it. I would say that is significant fundamental reform.\"\u003c/p>\n\u003cp>Bonta said the bill's changes would also protect public safety and \"make sure nonviolent, low-risk defendants are not unnecessarily locked in jail and those who are truly a safety risk to others are held in custody.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>One group that will not be happy with the bill: The bail industry, which has lobbied hard against any changes and seems likely to challenge SB 10 in court if it becomes law.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11687273/bill-to-end-cash-bail-in-california-moves-forward-but-loses-some-support","authors":["3239"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_18821","news_20756","news_2704","news_17825","news_17725","news_22276","news_19542","news_2960"],"featImg":"news_11687302","label":"news_72"},"news_11666269":{"type":"posts","id":"news_11666269","meta":{"index":"posts_1591205157","site":"news","id":"11666269","score":null,"sort":[1525440606000]},"guestAuthors":[],"slug":"s-f-man-whose-case-upended-californias-bail-system-wins-release","title":"S.F. Man Whose Case Upended California's Bail System Wins Release","publishDate":1525440606,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A San Francisco Superior Court judge Thursday agreed to release a man from custody ahead of his trial after he spent nearly a year in jail because he couldn't afford to pay bail.\u003c/p>\n\u003cp>Kenneth Humphrey's case inspired a \u003ca href=\"http://www.courts.ca.gov/opinions/documents/A152056.PDF\" target=\"_blank\" rel=\"noopener\">landmark decision\u003c/a> earlier this year when the state's 1st District Court of Appeal in San Francisco ruled that judges must consider a defendant's ability to pay when setting bail terms.\u003c/p>\n\u003cp>\"Mr. Humphrey has been in custody for almost a year without receiving a bail hearing that meets minimum constitutional standards,\" said Deputy Public Defender Chesa Boudin, who brought the appellate challenge on Humphrey's behalf. \"He's one of literally tens of thousands of people across the state of California sitting in jail simply because they're too poor to purchase their freedom.\"\u003c/p>\n\u003cp>Humphrey, 64, \u003ca href=\"https://www.documentcloud.org/documents/4451988-Kenneth-Humphrey-Information-170726.html\" target=\"_blank\" rel=\"noopener\">is accused\u003c/a> of entering his elderly neighbor's home, threatening him and then stealing $5 and a bottle of cologne. He was initially booked into jail last May and charged with burglary, robbery, elder abuse and theft. Humphrey has remained in custody since then.\u003c/p>\n\u003cp>Prosecutors Allison Macbeth and Courtney Burris had \u003ca href=\"https://www.documentcloud.org/documents/4451990-Request-for-Detention-180413.html\" target=\"_blank\" rel=\"noopener\">sought to keep\u003c/a> Humphrey in jail, citing previous robbery convictions going back to the 1980s, which they said showed that Humphrey was a threat to public safety and had a pattern of preying on vulnerable victims.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Not only does he not follow the rules, but he commits more crimes,\" Burris said during a hearing on the case Tuesday. \"The idea of releasing him to another residential facility for seniors creates a fox-in-the-hen-house scenario.\"\u003c/p>\n\u003cp>Macbeth said Humphrey is facing a 41-year-to-life sentence.\u003c/p>\n\u003cp>Judge Brendan Conroy, however, agreed Thursday to grant Deputy Public Defender Anita Nabha's request that Humphrey be released to a Mission District residential recovery facility for seniors, which has already agreed to take him in. He will remain out of custody -- as long as he abides by the conditions of his release -- while he awaits trial.\u003c/p>\n\u003cp>\"He has no police contact for 11 years prior to this incident,\" Nabha argued. \"The suggestion that he has not been able to be successful on parole is just not true.\"\u003c/p>\n\u003cp>Conroy said from the bench that if his only choice was to release Humphrey on his own recognizance or detain him, Humphrey would remain in jail.\u003c/p>\n\u003cp>\"This is a detention case,\" Conroy said. \"This isn't about poor people being kept in jail.\"\u003c/p>\n\u003cp>The judge noted the seriousness of the charges against Humphrey, but he also said that new options for conditions on his release have emerged in the past year. That includes the option for free electronic monitoring through the city's Sheriff's Department.\u003c/p>\n\u003cp>Humphrey will be put on house arrest, meaning he can't leave the treatment facility, will be monitored electronically 24 hours a day and be subject to searches, Conroy ruled. Additionally, he is to stay away from the victim in the case and the Turk Street residential senior facility.\u003c/p>\n\u003cp>After issuing his ruling, Conroy told Humphrey that he'd \"become somewhat of a symbol.\"\u003c/p>\n\u003cp>\"A lot is on your shoulders,\" Conroy said. \"I wish you all the best.\"\u003c/p>\n\u003cp>Outside of court, Nabha said of Humphrey, \"He's obviously very happy that he's going to be able to continue this fight outside of jail and continue to work on his health and progress.\"\u003c/p>\n\u003cp>\"This is a monumental decision today by the judge, and we're very grateful that he is abiding by the new law and he's recognizing that this case, Mr. Humphrey's case, changed state law,\" Public Defender Jeff Adachi said.\u003c/p>\n\u003cp>After his 2017 arrest, Humphrey's bail had initially been set at $600,000 based on the state's bail schedule, but a judge eventually lowered it to $350,000 after the San Francisco public defender's office argued that the initial amount was excessive and that Humphrey did not pose a risk to the public.\u003c/p>\n\u003cp>In January, after reviewing Humphrey's case, the state appeals court ruled that a judge must consider the defendant's ability to pay when setting bail. Setting bail higher than a person can afford effectively jails the defendant for being poor, the ruling concluded.\u003c/p>\n\u003cp>While San Francisco District Attorney George Gascón has been in favor of changing the money bail system, he sent a \u003ca href=\"https://www.documentcloud.org/documents/4451989-Letter-to-Supreme-Court.html\" target=\"_blank\" rel=\"noopener\">letter\u003c/a> last month to the state Supreme Court requesting clarification on conflicting appellate rulings, and arguing courts should still be allowed to consider a threat to public safety when setting bail amounts.\u003c/p>\n\u003cp>The District Attorney's Office has championed the use of an algorithmic \"\u003ca href=\"http://sfdistrictattorney.org/public-safety-assessment-tool\" target=\"_blank\" rel=\"noopener\">public safety assessment\u003c/a>\" tool, which analyzes a defendant's criminal history and current charges and measures it against thousands of other cases. The tool then makes a recommendation on whether a defendant should be held in jail or released.\u003c/p>\n\u003cp>\"We're trying to make these very important decisions based on science and data, not money,\" district attorney spokesman Max Szabo said, noting that the tool recommended Humphrey remain in jail. \"We believe that's a safer approach, but that doesn't mean everybody gets out either.\"\u003c/p>\n\u003cp>It looks like Kenneth Humphrey will be released, however, by Wednesday. The state Supreme Court has until the end of this month to decide whether it will weigh in on the constitutionality of monetary bail, according to Boudin.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post contains reporting from Bay City News.\u003c/em>\u003cbr>\n\u003cem>Alex Emslie of KQED News contributed to this post.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Kenneth Humphrey is charged with felony burglary and robbery for allegedly stealing $5 and a bottle of cologne from a neighbor. A ruling on his case requires judges to consider defendants' ability to pay when setting bail.","status":"publish","parent":0,"modified":1525469637,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":917},"headData":{"title":"S.F. Man Whose Case Upended California's Bail System Wins Release | KQED","description":"Kenneth Humphrey is charged with felony burglary and robbery for allegedly stealing $5 and a bottle of cologne from a neighbor. A ruling on his case requires judges to consider defendants' ability to pay when setting bail.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11666269 https://ww2.kqed.org/news/?p=11666269","disqusUrl":"https://ww2.kqed.org/news/2018/05/04/s-f-man-whose-case-upended-californias-bail-system-wins-release/","disqusTitle":"S.F. Man Whose Case Upended California's Bail System Wins Release","path":"/news/11666269/s-f-man-whose-case-upended-californias-bail-system-wins-release","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A San Francisco Superior Court judge Thursday agreed to release a man from custody ahead of his trial after he spent nearly a year in jail because he couldn't afford to pay bail.\u003c/p>\n\u003cp>Kenneth Humphrey's case inspired a \u003ca href=\"http://www.courts.ca.gov/opinions/documents/A152056.PDF\" target=\"_blank\" rel=\"noopener\">landmark decision\u003c/a> earlier this year when the state's 1st District Court of Appeal in San Francisco ruled that judges must consider a defendant's ability to pay when setting bail terms.\u003c/p>\n\u003cp>\"Mr. Humphrey has been in custody for almost a year without receiving a bail hearing that meets minimum constitutional standards,\" said Deputy Public Defender Chesa Boudin, who brought the appellate challenge on Humphrey's behalf. \"He's one of literally tens of thousands of people across the state of California sitting in jail simply because they're too poor to purchase their freedom.\"\u003c/p>\n\u003cp>Humphrey, 64, \u003ca href=\"https://www.documentcloud.org/documents/4451988-Kenneth-Humphrey-Information-170726.html\" target=\"_blank\" rel=\"noopener\">is accused\u003c/a> of entering his elderly neighbor's home, threatening him and then stealing $5 and a bottle of cologne. He was initially booked into jail last May and charged with burglary, robbery, elder abuse and theft. Humphrey has remained in custody since then.\u003c/p>\n\u003cp>Prosecutors Allison Macbeth and Courtney Burris had \u003ca href=\"https://www.documentcloud.org/documents/4451990-Request-for-Detention-180413.html\" target=\"_blank\" rel=\"noopener\">sought to keep\u003c/a> Humphrey in jail, citing previous robbery convictions going back to the 1980s, which they said showed that Humphrey was a threat to public safety and had a pattern of preying on vulnerable victims.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Not only does he not follow the rules, but he commits more crimes,\" Burris said during a hearing on the case Tuesday. \"The idea of releasing him to another residential facility for seniors creates a fox-in-the-hen-house scenario.\"\u003c/p>\n\u003cp>Macbeth said Humphrey is facing a 41-year-to-life sentence.\u003c/p>\n\u003cp>Judge Brendan Conroy, however, agreed Thursday to grant Deputy Public Defender Anita Nabha's request that Humphrey be released to a Mission District residential recovery facility for seniors, which has already agreed to take him in. He will remain out of custody -- as long as he abides by the conditions of his release -- while he awaits trial.\u003c/p>\n\u003cp>\"He has no police contact for 11 years prior to this incident,\" Nabha argued. \"The suggestion that he has not been able to be successful on parole is just not true.\"\u003c/p>\n\u003cp>Conroy said from the bench that if his only choice was to release Humphrey on his own recognizance or detain him, Humphrey would remain in jail.\u003c/p>\n\u003cp>\"This is a detention case,\" Conroy said. \"This isn't about poor people being kept in jail.\"\u003c/p>\n\u003cp>The judge noted the seriousness of the charges against Humphrey, but he also said that new options for conditions on his release have emerged in the past year. That includes the option for free electronic monitoring through the city's Sheriff's Department.\u003c/p>\n\u003cp>Humphrey will be put on house arrest, meaning he can't leave the treatment facility, will be monitored electronically 24 hours a day and be subject to searches, Conroy ruled. Additionally, he is to stay away from the victim in the case and the Turk Street residential senior facility.\u003c/p>\n\u003cp>After issuing his ruling, Conroy told Humphrey that he'd \"become somewhat of a symbol.\"\u003c/p>\n\u003cp>\"A lot is on your shoulders,\" Conroy said. \"I wish you all the best.\"\u003c/p>\n\u003cp>Outside of court, Nabha said of Humphrey, \"He's obviously very happy that he's going to be able to continue this fight outside of jail and continue to work on his health and progress.\"\u003c/p>\n\u003cp>\"This is a monumental decision today by the judge, and we're very grateful that he is abiding by the new law and he's recognizing that this case, Mr. Humphrey's case, changed state law,\" Public Defender Jeff Adachi said.\u003c/p>\n\u003cp>After his 2017 arrest, Humphrey's bail had initially been set at $600,000 based on the state's bail schedule, but a judge eventually lowered it to $350,000 after the San Francisco public defender's office argued that the initial amount was excessive and that Humphrey did not pose a risk to the public.\u003c/p>\n\u003cp>In January, after reviewing Humphrey's case, the state appeals court ruled that a judge must consider the defendant's ability to pay when setting bail. Setting bail higher than a person can afford effectively jails the defendant for being poor, the ruling concluded.\u003c/p>\n\u003cp>While San Francisco District Attorney George Gascón has been in favor of changing the money bail system, he sent a \u003ca href=\"https://www.documentcloud.org/documents/4451989-Letter-to-Supreme-Court.html\" target=\"_blank\" rel=\"noopener\">letter\u003c/a> last month to the state Supreme Court requesting clarification on conflicting appellate rulings, and arguing courts should still be allowed to consider a threat to public safety when setting bail amounts.\u003c/p>\n\u003cp>The District Attorney's Office has championed the use of an algorithmic \"\u003ca href=\"http://sfdistrictattorney.org/public-safety-assessment-tool\" target=\"_blank\" rel=\"noopener\">public safety assessment\u003c/a>\" tool, which analyzes a defendant's criminal history and current charges and measures it against thousands of other cases. The tool then makes a recommendation on whether a defendant should be held in jail or released.\u003c/p>\n\u003cp>\"We're trying to make these very important decisions based on science and data, not money,\" district attorney spokesman Max Szabo said, noting that the tool recommended Humphrey remain in jail. \"We believe that's a safer approach, but that doesn't mean everybody gets out either.\"\u003c/p>\n\u003cp>It looks like Kenneth Humphrey will be released, however, by Wednesday. The state Supreme Court has until the end of this month to decide whether it will weigh in on the constitutionality of monetary bail, according to Boudin.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post contains reporting from Bay City News.\u003c/em>\u003cbr>\n\u003cem>Alex Emslie of KQED News contributed to this post.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11666269/s-f-man-whose-case-upended-californias-bail-system-wins-release","authors":["237"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_18821","news_20756","news_17725","news_22276","news_19542","news_38"],"featImg":"news_11666332","label":"news_72"},"news_11618499":{"type":"posts","id":"news_11618499","meta":{"index":"posts_1591205157","site":"news","id":"11618499","score":null,"sort":[1506322880000]},"guestAuthors":[],"slug":"lawmakers-pushing-bail-reform-want-more-info-on-bail-bond-insurers","title":"Lawmakers Pushing Bail Reform Want More Info on Bail Bond Insurers","publishDate":1506322880,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The two Democratic lawmakers who have been \u003ca href=\"https://ww2.kqed.org/news/2017/05/23/push-to-limit-money-bail-gains-steam-in-california/\">pushing for reforms to California’s bail system\u003c/a> are now looking for a peek behind the curtain at how the bail industry operates.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Assemblyman Rob Bonta (D-Oakland) and Sen. Bob Hertzberg (D-Los Angeles) believe \u003c/span>\u003cspan style=\"font-weight: 400\">bail \u003ca href=\"https://ww2.kqed.org/news/2017/06/28/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents/\">punishes people for being poor,\u003c/a> and they want to fundamentally change how California decides whether to let people accused of crimes out of jail before their trial.\u003c/span>\u003c/p>\n\u003cp>But with their bill \u003ca href=\"https://ww2.kqed.org/news/2017/08/29/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018/\">on hold until next year\u003c/a>, they’re now also\u003ci> \u003c/i>looking to learn more about the insurance companies that back bail bond agents. The duo introduced \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB779\">legislation \u003c/a>(SB 779) in the final hours of this year’s legislative session that would require more oversight of both bail agents and the surety companies that back them, and would ask the Department of Insurance to study the industry.\u003c/p>\n\u003cp>[contextly_sidebar id=\"O7jw4ASdcUSNISNU85ZMDocJiaBUUtmJ\"]\u003c/p>\n\u003cp>The lawmakers also announced they would hold a hearing this fall to examine the issue.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"We've been working very hard on bail reform ... and what we've learned in that process is that these bail companies are just making an exorbitant profit,\" Hertzberg said, adding that he and Bonta \u003ca href=\"https://www.gov.ca.gov/news.php?id=19917\">continue to work with Gov. Jerry Brown, Chief Justice Tani Cantil-Sakauye and others\u003c/a> on broader reforms that would require counties to set up pretrial service agencies that give courts an alternative to cash bail.\u003c/p>\n\u003cp>But since the bail reform bill\u003ca href=\"https://ww2.kqed.org/news/2017/03/27/lawmakers-aim-to-limit-cash-bail-say-it-punishes-poor-for-being-poor/\"> doesn't eliminate money bail \u003c/a>-- voters would have to weigh in on that change -- Hertzberg said it's also worth probing the broader industry.\u003c/p>\n\u003cp>He said the more he’s learned about bail, the more questions he has -- particularly about the insurance companies that back bail bond agents. Hertzberg said unlike other forms of insurance -- where prices are based on risk and companies regularly experience large losses -- bail surety companies appear to experience little or no losses.\u003c/p>\n\u003cp>\"We think one of the elements of the discussion is, are people being gouged? Is the government creating a monopoly that’s creating these crazy prices? Should you be charged where there’s no risk?\" he said.\u003c/p>\n\u003cp>When someone in California is arrested and charged with a crime, a judge often sets a bail amount they must pay in order to get out of jail. If the defendant doesn’t have the money, they can pay a fee to a bail bond agent, who essentially promises the court they’ll pay the full bail amount if the defendant skips out on court.\u003c/p>\n\u003cp>Those bail agents are backed by insurance companies that charge fees to agents for guaranteeing the bonds.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Jeff Clayton represents the insurance companies as a lobbyist for the American Bail Coalition. He said he’s baffled by the bill. \u003c/span>\u003c/p>\n\u003cp>\"We already do a lot of stuff that’s in this bill. We audit our agents regularly, at least annually. We are required to file a form with the Department of Insurance when we terminate somebody, and if there’s misconduct we have to tell the department. So I’m really kind of confused as to what they’re trying to do here,\" he said.\u003c/p>\n\u003cp>Clayton said he believes the lawmakers fundamentally misunderstand the bail surety industry.\u003c/p>\n\u003cp>\"You know, even though it's considered an insurance product, it's not an insurance product -- it's a financial guarantee is all it is,\" he said, adding that it's illogical to compare bail surety to auto insurance because individuals don't purchase bail insurance.\u003c/p>\n\u003cp>\"What we do is underwrite what the agents do, so when a bail goes bad we are ultimately on the hook for that,\" Clayton said. \"(They say) losses are never paid but there's a reason for that -- because we require the agents to put money in what's called a buildup fund so they've actually already guaranteed to us they have substantial funds available to pay their losses.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The legislation will be taken up in January when lawmakers return to Sacramento.\u003c/p>\n\n","blocks":[],"excerpt":"Lawmakers pushing bail reform are also looking for more information on the insurance companies that back bail bond agents. ","status":"publish","parent":0,"modified":1506363335,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":684},"headData":{"title":"Lawmakers Pushing Bail Reform Want More Info on Bail Bond Insurers | KQED","description":"Lawmakers pushing bail reform are also looking for more information on the insurance companies that back bail bond agents. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11618499 https://ww2.kqed.org/news/?p=11618499","disqusUrl":"https://ww2.kqed.org/news/2017/09/25/lawmakers-pushing-bail-reform-want-more-info-on-bail-bond-insurers/","disqusTitle":"Lawmakers Pushing Bail Reform Want More Info on Bail Bond Insurers","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2017/09/TCRAM20170925LagosBailReform.mp3","path":"/news/11618499/lawmakers-pushing-bail-reform-want-more-info-on-bail-bond-insurers","audioDuration":null,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The two Democratic lawmakers who have been \u003ca href=\"https://ww2.kqed.org/news/2017/05/23/push-to-limit-money-bail-gains-steam-in-california/\">pushing for reforms to California’s bail system\u003c/a> are now looking for a peek behind the curtain at how the bail industry operates.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Assemblyman Rob Bonta (D-Oakland) and Sen. Bob Hertzberg (D-Los Angeles) believe \u003c/span>\u003cspan style=\"font-weight: 400\">bail \u003ca href=\"https://ww2.kqed.org/news/2017/06/28/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents/\">punishes people for being poor,\u003c/a> and they want to fundamentally change how California decides whether to let people accused of crimes out of jail before their trial.\u003c/span>\u003c/p>\n\u003cp>But with their bill \u003ca href=\"https://ww2.kqed.org/news/2017/08/29/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018/\">on hold until next year\u003c/a>, they’re now also\u003ci> \u003c/i>looking to learn more about the insurance companies that back bail bond agents. The duo introduced \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB779\">legislation \u003c/a>(SB 779) in the final hours of this year’s legislative session that would require more oversight of both bail agents and the surety companies that back them, and would ask the Department of Insurance to study the industry.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The lawmakers also announced they would hold a hearing this fall to examine the issue.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We've been working very hard on bail reform ... and what we've learned in that process is that these bail companies are just making an exorbitant profit,\" Hertzberg said, adding that he and Bonta \u003ca href=\"https://www.gov.ca.gov/news.php?id=19917\">continue to work with Gov. Jerry Brown, Chief Justice Tani Cantil-Sakauye and others\u003c/a> on broader reforms that would require counties to set up pretrial service agencies that give courts an alternative to cash bail.\u003c/p>\n\u003cp>But since the bail reform bill\u003ca href=\"https://ww2.kqed.org/news/2017/03/27/lawmakers-aim-to-limit-cash-bail-say-it-punishes-poor-for-being-poor/\"> doesn't eliminate money bail \u003c/a>-- voters would have to weigh in on that change -- Hertzberg said it's also worth probing the broader industry.\u003c/p>\n\u003cp>He said the more he’s learned about bail, the more questions he has -- particularly about the insurance companies that back bail bond agents. Hertzberg said unlike other forms of insurance -- where prices are based on risk and companies regularly experience large losses -- bail surety companies appear to experience little or no losses.\u003c/p>\n\u003cp>\"We think one of the elements of the discussion is, are people being gouged? Is the government creating a monopoly that’s creating these crazy prices? Should you be charged where there’s no risk?\" he said.\u003c/p>\n\u003cp>When someone in California is arrested and charged with a crime, a judge often sets a bail amount they must pay in order to get out of jail. If the defendant doesn’t have the money, they can pay a fee to a bail bond agent, who essentially promises the court they’ll pay the full bail amount if the defendant skips out on court.\u003c/p>\n\u003cp>Those bail agents are backed by insurance companies that charge fees to agents for guaranteeing the bonds.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Jeff Clayton represents the insurance companies as a lobbyist for the American Bail Coalition. He said he’s baffled by the bill. \u003c/span>\u003c/p>\n\u003cp>\"We already do a lot of stuff that’s in this bill. We audit our agents regularly, at least annually. We are required to file a form with the Department of Insurance when we terminate somebody, and if there’s misconduct we have to tell the department. So I’m really kind of confused as to what they’re trying to do here,\" he said.\u003c/p>\n\u003cp>Clayton said he believes the lawmakers fundamentally misunderstand the bail surety industry.\u003c/p>\n\u003cp>\"You know, even though it's considered an insurance product, it's not an insurance product -- it's a financial guarantee is all it is,\" he said, adding that it's illogical to compare bail surety to auto insurance because individuals don't purchase bail insurance.\u003c/p>\n\u003cp>\"What we do is underwrite what the agents do, so when a bail goes bad we are ultimately on the hook for that,\" Clayton said. \"(They say) losses are never paid but there's a reason for that -- because we require the agents to put money in what's called a buildup fund so they've actually already guaranteed to us they have substantial funds available to pay their losses.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The legislation will be taken up in January when lawmakers return to Sacramento.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11618499/lawmakers-pushing-bail-reform-want-more-info-on-bail-bond-insurers","authors":["3239"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_18821","news_20756","news_17725","news_2960","news_17286"],"featImg":"news_11618960","label":"news_72"},"news_11577944":{"type":"posts","id":"news_11577944","meta":{"index":"posts_1591205157","site":"news","id":"11577944","score":null,"sort":[1500594453000]},"guestAuthors":[],"slug":"kamala-harris-and-rand-paul-introduce-national-bail-reform-bill","title":"Kamala Harris and Rand Paul Introduce National Bail Reform Bill","publishDate":1500594453,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A bill introduced Thursday by California Sen. Kamala Harris, a Democrat, and Kentucky Sen. Rand Paul, a Republican, seeks to incentivize state and tribal court systems to ditch monetary bail.\u003c/p>\n\u003cp>The bill would allocate $10 million over three years to fund federal grants for courts instituting pretrial services and data-driven risk evaluations thought to reduce racial and economic disparities between defendants who are held and those who are released pending trial.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Every day, the national movement for bail reform is growing. This bipartisan federal legislation is the latest sign that bail reform is not a partisan issue or a rural or urban issue or a regional issue -- it is an American issue.'\u003ccite>Bob Hertzberg,\u003cbr>\nState Senator, D-Van Nuys\u003c/cite>\u003c/aside>\n\u003cp>\"In our country, whether you stay in jail or not is wholly determined by whether you’re wealthy or not -- and that’s wrong,\" Harris said in a written statement announcing the bill. \"We must come together to reform a bail system that is discriminatory, wasteful, and fails to keep our communities safe.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.harris.senate.gov/sites/default/files/HEN17684.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">bill's text\u003c/a> notes that typically higher bail amounts are set for people of color.\u003c/p>\n\u003cp>\"African American and Hispanic defendants are more likely to be detained pretrial than white defendants and less likely to be able to post money bail so they can be released,\" it says. \"Moreover, race and money bail amounts are significantly correlated. Nationally, African American men pay 35 percent higher money bail amounts than white men, and Hispanic men pay 19 percent higher money bail amounts than white men.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Decisions about whether defendants should be released pending trial hinge on risk to public safety and the likelihood that they will show up to court -- factors generally weighed by judges. Defendants can be released without conditions on their \"own recognizance,\" with conditions, or only after they've backed their promise to return to court with a monetary payment.\u003c/p>\n\u003cp>A burgeoning national movement to reform the bail system seeks to make release decisions less subjective and significantly reduce the number of people jailed while awaiting trial. Harris and Paul's bill estimates that 450,000 people are incarcerated in the U.S. without having been convicted of a crime. They are awaiting trial.\u003cbr>\n[contextly_sidebar id=\"bD9kf3cs5aZ84JYdgREmNyxfv1E8PsqN\"]\u003cbr>\nRacial equity groups hailed the bill's introduction Thursday. Rashad Robinson, executive director of Color Of Change, said ending money bail is essential to reducing the country's reliance on incarceration.\u003c/p>\n\u003cp>\"It benefits no one other than the for-profit bail industry, which has devastated Black communities by locking up people -- the vast majority of whom have not even been convicted of a crime -- all so that its corporate backers can line their pockets,\" Robinson said in a written statement. \"This multi-billion dollar industry has not only extorted our communities and broken up our families, but has also ruthlessly fought to influence politicians and block criminal justice reform.\"\u003c/p>\n\u003cp>Attempts to reach California and national bail agent trade groups, which have opposed \u003ca href=\"https://ww2.kqed.org/news/2017/05/31/bail-reform-bill-approved-by-senate-assembly-next-up/\" target=\"_blank\" rel=\"noopener noreferrer\">legislative\u003c/a> and \u003ca href=\"https://ww2.kqed.org/news/2016/01/27/federal-judge-sends-bail-reform-effort-back-to-the-drawing-board/\" target=\"_blank\" rel=\"noopener noreferrer\">legal efforts\u003c/a> to change the system, were unsuccessful.\u003c/p>\n\u003cp>Harris and Paul's legislation would spread $10 million among state and tribal court systems to replace the use of bail with \"risk-based decision making that includes objective, research-based, and locally-validated assessment tools that do not result in unwarranted disparities,\" according to the bill.\u003c/p>\n\u003cp>The federal grants would require \"a presumption of release in most cases,\" and conditions on those releases to be the \"least restrictive\" that \"would reasonably assure the appearance of the defendant and the safety of others in the community.\"\u003c/p>\n\u003cp>The bill pushes would-be grant recipients to ensure defendants access to defense attorneys as early in the process as possible.\u003c/p>\n\u003cp>It would also allocate $5 million to the federal Bureau of Justice Statistics to track pretrial defendants in state courts.\u003c/p>\n\u003cp>California state legislators are considering a bill that may implement some of the federal bill's grant conditions. An attempt in the state Assembly \u003ca href=\"http://www.mercurynews.com/2017/06/01/climate-change-and-bail-reform-bills-fall-short-in-the-california-assembly/\" target=\"_blank\" rel=\"noopener noreferrer\">failed by one vote last month\u003c/a>, but a similar state Senate bill \u003ca href=\"https://ww2.kqed.org/news/2017/07/11/bail-reform-bill-gets-tweaks-clears-key-hurdle/\" target=\"_blank\" rel=\"noopener noreferrer\">remains alive\u003c/a>, and is headed for a vote in the Assembly.\u003c/p>\n\u003cp>That bill's author, state Sen. Bob Hertzberg, D-Van Nuys, said in a statement that the federal bill echoes his efforts.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Every day, the national movement for bail reform is growing,” Hertzberg said. “This bipartisan federal legislation is the latest sign that bail reform is not a partisan issue or a rural or urban issue or a regional issue -- it is an American issue.\"\u003c/p>\n\n","blocks":[],"excerpt":"The legislation, introduced by Sens. Kamala Harris and Rand Paul seeks to incentivize state and tribal court systems to ditch money bail.","status":"publish","parent":0,"modified":1500664028,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":751},"headData":{"title":"Kamala Harris and Rand Paul Introduce National Bail Reform Bill | KQED","description":"The legislation, introduced by Sens. Kamala Harris and Rand Paul seeks to incentivize state and tribal court systems to ditch money bail.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11577944 https://ww2.kqed.org/news/?p=11577944","disqusUrl":"https://ww2.kqed.org/news/2017/07/20/kamala-harris-and-rand-paul-introduce-national-bail-reform-bill/","disqusTitle":"Kamala Harris and Rand Paul Introduce National Bail Reform Bill","path":"/news/11577944/kamala-harris-and-rand-paul-introduce-national-bail-reform-bill","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A bill introduced Thursday by California Sen. Kamala Harris, a Democrat, and Kentucky Sen. Rand Paul, a Republican, seeks to incentivize state and tribal court systems to ditch monetary bail.\u003c/p>\n\u003cp>The bill would allocate $10 million over three years to fund federal grants for courts instituting pretrial services and data-driven risk evaluations thought to reduce racial and economic disparities between defendants who are held and those who are released pending trial.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Every day, the national movement for bail reform is growing. This bipartisan federal legislation is the latest sign that bail reform is not a partisan issue or a rural or urban issue or a regional issue -- it is an American issue.'\u003ccite>Bob Hertzberg,\u003cbr>\nState Senator, D-Van Nuys\u003c/cite>\u003c/aside>\n\u003cp>\"In our country, whether you stay in jail or not is wholly determined by whether you’re wealthy or not -- and that’s wrong,\" Harris said in a written statement announcing the bill. \"We must come together to reform a bail system that is discriminatory, wasteful, and fails to keep our communities safe.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.harris.senate.gov/sites/default/files/HEN17684.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">bill's text\u003c/a> notes that typically higher bail amounts are set for people of color.\u003c/p>\n\u003cp>\"African American and Hispanic defendants are more likely to be detained pretrial than white defendants and less likely to be able to post money bail so they can be released,\" it says. \"Moreover, race and money bail amounts are significantly correlated. Nationally, African American men pay 35 percent higher money bail amounts than white men, and Hispanic men pay 19 percent higher money bail amounts than white men.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Decisions about whether defendants should be released pending trial hinge on risk to public safety and the likelihood that they will show up to court -- factors generally weighed by judges. Defendants can be released without conditions on their \"own recognizance,\" with conditions, or only after they've backed their promise to return to court with a monetary payment.\u003c/p>\n\u003cp>A burgeoning national movement to reform the bail system seeks to make release decisions less subjective and significantly reduce the number of people jailed while awaiting trial. Harris and Paul's bill estimates that 450,000 people are incarcerated in the U.S. without having been convicted of a crime. They are awaiting trial.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nRacial equity groups hailed the bill's introduction Thursday. Rashad Robinson, executive director of Color Of Change, said ending money bail is essential to reducing the country's reliance on incarceration.\u003c/p>\n\u003cp>\"It benefits no one other than the for-profit bail industry, which has devastated Black communities by locking up people -- the vast majority of whom have not even been convicted of a crime -- all so that its corporate backers can line their pockets,\" Robinson said in a written statement. \"This multi-billion dollar industry has not only extorted our communities and broken up our families, but has also ruthlessly fought to influence politicians and block criminal justice reform.\"\u003c/p>\n\u003cp>Attempts to reach California and national bail agent trade groups, which have opposed \u003ca href=\"https://ww2.kqed.org/news/2017/05/31/bail-reform-bill-approved-by-senate-assembly-next-up/\" target=\"_blank\" rel=\"noopener noreferrer\">legislative\u003c/a> and \u003ca href=\"https://ww2.kqed.org/news/2016/01/27/federal-judge-sends-bail-reform-effort-back-to-the-drawing-board/\" target=\"_blank\" rel=\"noopener noreferrer\">legal efforts\u003c/a> to change the system, were unsuccessful.\u003c/p>\n\u003cp>Harris and Paul's legislation would spread $10 million among state and tribal court systems to replace the use of bail with \"risk-based decision making that includes objective, research-based, and locally-validated assessment tools that do not result in unwarranted disparities,\" according to the bill.\u003c/p>\n\u003cp>The federal grants would require \"a presumption of release in most cases,\" and conditions on those releases to be the \"least restrictive\" that \"would reasonably assure the appearance of the defendant and the safety of others in the community.\"\u003c/p>\n\u003cp>The bill pushes would-be grant recipients to ensure defendants access to defense attorneys as early in the process as possible.\u003c/p>\n\u003cp>It would also allocate $5 million to the federal Bureau of Justice Statistics to track pretrial defendants in state courts.\u003c/p>\n\u003cp>California state legislators are considering a bill that may implement some of the federal bill's grant conditions. An attempt in the state Assembly \u003ca href=\"http://www.mercurynews.com/2017/06/01/climate-change-and-bail-reform-bills-fall-short-in-the-california-assembly/\" target=\"_blank\" rel=\"noopener noreferrer\">failed by one vote last month\u003c/a>, but a similar state Senate bill \u003ca href=\"https://ww2.kqed.org/news/2017/07/11/bail-reform-bill-gets-tweaks-clears-key-hurdle/\" target=\"_blank\" rel=\"noopener noreferrer\">remains alive\u003c/a>, and is headed for a vote in the Assembly.\u003c/p>\n\u003cp>That bill's author, state Sen. Bob Hertzberg, D-Van Nuys, said in a statement that the federal bill echoes his efforts.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Every day, the national movement for bail reform is growing,” Hertzberg said. “This bipartisan federal legislation is the latest sign that bail reform is not a partisan issue or a rural or urban issue or a regional issue -- it is an American issue.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11577944/kamala-harris-and-rand-paul-introduce-national-bail-reform-bill","authors":["3206"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_18821","news_20756","news_19542","news_61","news_17286"],"featImg":"news_11577979","label":"news_72"},"news_11393155":{"type":"posts","id":"news_11393155","meta":{"index":"posts_1591205157","site":"news","id":"11393155","score":null,"sort":[1491809400000]},"guestAuthors":[],"slug":"inside-santa-clara-jails-predatory-bail-schemes-flourished-for-years","title":"Inside Santa Clara Jails, Predatory Bail Schemes Flourished for Years","publishDate":1491809400,"format":"image","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>On June 20, 2014, a bail bond agent named Dino Garcia received a phone call from an inmate in the \u003ca href=\"https://www.sccgov.org/sites/sheriff/pages/mainjail-visiting.aspx\" target=\"_blank\">Santa Clara County Main Jail\u003c/a>. The inmate, known as Riley in \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html\" target=\"_blank\">court documents\u003c/a>, wasn’t calling to bail himself out.\u003c/p>\n\u003cp>He was calling about bail for another inmate who had just arrived at the jail. Riley told Garcia the new inmate was trustworthy and willing to use his homes or vehicles as collateral.\u003c/p>\n\u003cp>Garcia spoke to the man and then got back on the line with Riley, urging him to find more clients.\u003c/p>\n\u003cp>“Get me some good ones, dude, some Asians, some fucking Hindus, some good domestic violence ones,” said Garcia, according to a \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p12\" target=\"_blank\">transcript\u003c/a> of the call.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Listen to KQED's Bail Investigation Series\u003c/h3>\n\u003cp>[audio src=\"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/LewisBailBondspt1.mp3\" title=\"Bail Bonds Schemes Exposed: Part One\" program=\"KQED News\" image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/11/JailMirror.jpg\"]\u003cbr>\n[audio src=\"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/BailBondsPart2FixedwithLede.mp3\" title=\"Bail Bonds Schemes Exposed: Part Two\" program=\"KQED News\" image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut.jpg\"]\u003cbr>\n[audio src=\"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/LewisBailBondspt3.mp3\" title=\"Bail Bonds Schemes Exposed: Part Three\" program=\"KQED News\" image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/11/RS17524_Judge-addresses-holloway-qut.jpg\"]\u003c/p>\n\u003c/aside>\n\u003cp>Garcia wasn’t alone. For years, bail bond agents had been compensating inmates to drum up business in the county’s jails, according to an investigation by the Santa Clara County District Attorney’s Office.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Prosecutors say the illegal activity, known as “bail capping,” gave agents an unfair competitive advantage.\u003c/p>\n\u003cp>It also put inmates and the public at risk.\u003c/p>\n\u003cp>KQED has learned that the \u003ca href=\"https://www.sccgov.org/sites/sheriff/Pages/overview.aspx\">Santa Clara County Sheriff's Department \u003c/a>knew that bail capping was occurring in its jails, but failed to stop it.\u003c/p>\n\u003cp>Through interviews and court records, KQED has found that at least 30 inmates in Santa Clara County jails were involved in bail-capping schemes. Those recruiters controlled access to the phones, threatened other inmates or promised cheap bail to pressure inmates to sign contracts with certain bail agents.\u003c/p>\n\u003cp>The sheriff’s department’s lack of oversight -- and lax policies -- made it easier for agents and inmates to continue working together, in violation of the law.\u003c/p>\n\u003cp>\u003cstrong>'Gatekeepers of bail'\u003c/strong>\u003c/p>\n\u003cp>Longtime inmates in the Santa Clara County Main Jail acted as the “gatekeepers of bail,” according to Alison Filo, the deputy district attorney tasked with prosecuting dozens of bail agents for illegal business practices.\u003c/p>\n\u003cp>Scott Culp told KQED he started working for agents from inside the main jail about three months after he was arrested for armed robbery in 2013. He said he worked as a recruiter until he was transferred to \u003ca href=\"http://www.cdcr.ca.gov/Facilities_Locator/PVSP.html\" target=\"_blank\">Pleasant Valley State Prison\u003c/a> in 2016.\u003c/p>\n\u003cp>Culp said new inmates had “no choice” but to use the bail bond agents he called.\u003c/p>\n\u003cp>In order to make a phone call, inmates needed a special code. Culp said in the unit where he was serving time, new inmates weren’t given instructions on how to use the phone codes. He would “help” them.\u003c/p>\n\u003cfigure id=\"attachment_11395507\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395507\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/Culp-800x1000.jpg\" alt=\"Scott Culp says he worked as a recruiter for bail agents for three years while in Santa Clara County Main Jail on armed robbery charges. \" width=\"800\" height=\"1000\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-800x1000.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-1020x1276.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-1180x1476.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-960x1201.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-375x469.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-520x650.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp.jpg 1313w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Scott Culp says he worked as a recruiter for bail agents for three years while in Santa Clara County Main Jail on armed robbery charges. \u003ccite>(From Scott Culp's case file)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I take their code,” explained Culp. “I use their code, so they’re not able to call their family to have their family bail them out. They have to go through me and through these bail agencies.”\u003c/p>\n\u003cp>Under state law, only defendants, their family members or their attorneys can contact a bail agent to arrange bail.\u003c/p>\n\u003cp>Prosecutors say that bail capping creates a predatory environment in the jail. First-time inmates are especially vulnerable, because often they’re afraid and have little information. They don’t know, for example, that they may be \u003ca href=\"https://www.sccgov.org/sites/pretrial/Pages/Office-of-Pretrial-Services.aspx\" target=\"_blank\">eligible to get out of jail\u003c/a> without paying bail or to have their bail reduced.\u003c/p>\n\u003cp>“Their instant reaction is what they see on television or what they read in the newspapers,” Filo said, “Which is, ‘I've got to get bail,’ and that sort of desperation is preyed upon by the inmates who are in custody seeking to get some benefit for themselves.”\u003c/p>\n\u003cp>Inmate-recruiters also angled to maintain that benefit by limiting their competition.\u003c/p>\n\u003cp>When Garcia complained to an inmate named Alberto Solorio about another inmate who was “pushing people to Luna,” a rival bail agency, Solorio assured him that he would take care of the problem, according to an\u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html\" target=\"_blank\"> investigator’s summary\u003c/a> of a phone call between the two men.\u003c/p>\n\u003cp>Garcia told Solorio to get the other inmate “rolled out (kicked out of the dorm).” Solorio responded: “That’s not even a problem.”\u003c/p>\n\u003cp>\u003cstrong>Visitation irregularities\u003c/strong>\u003c/p>\n\u003cp>Culp told KQED that guards were also involved in the illegal activity.\u003c/p>\n\u003cp>He said guards allowed some bail agents to visit him multiple times a week, even though he was not eligible for bail. During those visits, Culp said, agents would train him to recruit new clients, explaining what kinds of questions to ask inmates to find out their suitability for bail.\u003c/p>\n\u003cp>KQED submitted a public records request for the log of Culp’s visitors. In its response, the sheriff’s department said Culp had no visitors.\u003c/p>\n\u003cp>Garcia, now a former bail agent, told KQED that he saw correctional officers giving other agents special treatment, allowing them access to the jail outside of visiting hours.\u003c/p>\n\u003cp>Bail agents are supposed to follow the same rules as other jail visitors, according to the sheriff's department, including writing down the names of the inmates they are visiting in a log book.\u003c/p>\n\u003cp>But at least one bail agent, Fernando Casillas of Aladdin Bail Bonds, was permitted to bypass visiting procedures. According to the \u003ca href=\"https://www.documentcloud.org/documents/3533677-Casillas1.html\" target=\"_blank\">district attorney’s investigation\u003c/a>, when Casillas came into the jail to interview an inmate, he wrote “inmate” on the log book.\u003c/p>\n\u003cdiv class=\"mceTemp\">\u003c/div>\n\u003cfigure id=\"attachment_11395508\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395508\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-800x1000.jpg\" alt=\"Fernando Casillas was one of 31 bail agents arrested by law enforcement on charges of illegal business practices.\" width=\"800\" height=\"1000\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-375x469.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-520x650.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Fernando Casillas was one of 31 bail agents arrested by law enforcement on charges of illegal business practices. \u003ccite>(\u003ca href=\"https://www.flickr.com/photos/ca_dept_insurance/20958950626/in/album-72157657509991139/\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The inmate who Casillas interviewed was named Lakhbir Singh. Singh told investigators that a jail staff member referred him to Casillas.\u003c/p>\n\u003cp>“Singh said he was then interviewed by someone inside the jail from Aladdin Bail Bonds soon after speaking with this person working at the jail,” the investigator's report said.\u003c/p>\n\u003cp>Singh said that neither he nor his wife called Casillas or \u003ca href=\"https://www.aladdinbailbonds.com/\" target=\"_blank\">Aladdin Bail Bonds\u003c/a>.\u003c/p>\n\u003cp>Investigators were unable to identify the jail staff member.\u003c/p>\n\u003cp>The sheriff’s department did not respond to questions about its visitation procedures or whether it had investigated jail staff in connection with bail capping.\u003c/p>\n\u003cp>The district attorney’s office said it did not have evidence to file charges against any guards or jail administrators.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Amy Le, president of the \u003c/span>\u003cspan style=\"font-weight: 400\">Santa Clara County Correctional Peace Officers Association, said she is not aware of any officer involvement in bail capping schemes.\u003c/span>\u003c/p>\n\u003cp>“We have over 750 employees here,” she said. “We are all professional people. We do what is right even when no one is watching.”\u003c/p>\n\u003cp>Le said to her knowledge none of the employees she represents have been investigated or disciplined for bail-related misconduct.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">If officers are involved in such misconduct, Le said, “They [the officers] don’t need to wear a uniform. They don’t need to work here.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11395513\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11395513 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-800x533.jpg\" alt='Aladdin Bail Bonds was one of seven companies whose agents were arrested for illegal business practices including \"bail capping.\"' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Aladdin Bail Bonds was one of seven companies whose agents were arrested for alleged illegal business practices, including bail capping. \u003ccite>(Jayne Lucas/\u003ca href=\"%E2%80%9Chhttps://www.flickr.com/photos/ca_dept_insurance/20798065700/in/album-72157657509991139/%22\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp> \u003c/p>\n\u003cp>The sheriff’s department has been under \u003ca href=\"https://ww2.kqed.org/news/2017/01/25/inmates-brutal-beating-death-spurs-scrutiny-and-reform-in-santa-clara-county-jails/\" target=\"_blank\">scrutiny\u003c/a> since the in-custody death of Michael Tyree on Aug. 26, 2015. Three guards are on \u003ca href=\"http://www.mercurynews.com/2017/04/04/michael-tyree/\" target=\"_blank\">trial\u003c/a> for allegedly beating the mentally ill inmate to death. The guards -- Matthew Farris, Rafael Rodriguez and Jereh Lubrin -- have pleaded not guilty to second-degree murder.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.sccgov.org/sites/scc/pages/brc.aspx\" target=\"_blank\">commission\u003c/a> formed to assess operations in Santa Clara County’s jails in the wake of Tyree’s death did not address illegal activity between bail agents and inmates.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.fbi.gov/contact-us/field-offices/sanfrancisco\" target=\"_blank\">Federal Bureau of Investigation\u003c/a> would not comment on whether it is investigating the sheriff’s department.\u003c/p>\n\u003cp>\u003cstrong>$100 deposits\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p16\" target=\"_blank\">Court records\u003c/a> show that jail administrators knew since at least 2012 that illegal bail activity was going on in the jails.\u003c/p>\n\u003cp>On July 6, 2012, Kevin Heilman, who was then the captain of the main jail, received an email from Sgt. Eric Liddle. A bail agent had complained to Liddle that inmates in the Main Jail were working as paid recruiters for another bail firm. Liddle recommended an investigation.\u003c/p>\n\u003cp>Another jail sergeant wrote to Heilman in a follow-up report dated July 31, 2012, that guards had searched the cell of two inmates suspected of being involved in the scheme. They found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account. The two inmates were moved to other areas of the jail.\u003c/p>\n\u003cp>Court documents do not indicate whether the sheriff’s department took any action against bail agents, including restricting their access to inmates.\u003c/p>\n\u003cp>A year later, Lt. April McHugh at the Main Jail \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p34\" target=\"_blank\">emailed \u003c/a>sheriff’s department administrators about a call she received from a bail agent named Robert Silva of Amigo Bail Bonds, alleging that bail agents and inmates were still working together.\u003c/p>\n\u003cfigure id=\"attachment_11395493\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395493\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/File_008-800x600.jpeg\" alt=\"When guards searched the cell of two inmate suspected of involvement in bail capping they found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-160x120.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1020x765.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1920x1440.jpeg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1180x885.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-960x720.jpeg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-240x180.jpeg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-375x281.jpeg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-520x390.jpeg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">When guards searched the cell of two inmate suspected of involvement in bail capping, they found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account.\u003c/figcaption>\u003c/figure>\n\u003cp>“The inmates allegedly question the new inmates as to whether they have bail and when they say they do they intimidate them to go to the other company,” McHugh wrote. “The other company sends commissary packages online anonymously to the inmate who refers the new inmate to them.\u003c/p>\n\u003cp>“It sounds like this inquiry has gone nowhere, but Mr. Silva says he has one or two ‘victims’ who are very afraid to talk, because the bail company has all of their information. I am not sure what he hopes to gain by contacting Main Jail.”\u003c/p>\n\u003cp>The department declined to answer questions about whether it investigated Silva’s complaint.\u003c/p>\n\u003cp>In 2014, the district attorney’s office launched its own bail-capping investigation and found widespread illegal activity between bail agents and jail inmates.\u003c/p>\n\u003cp>\u003cstrong>Jail accounting\u003c/strong>\u003c/p>\n\u003cp>Jail practices made it easy for bail agents to pay recruiters with deposits into their inmate commissary accounts.\u003c/p>\n\u003cp>Culp, the former Santa Clara County inmate, claims agents paid him $15,000 in one year.\u003c/p>\n\u003cp>KQED couldn’t confirm the payments to Culp. Prosecutors couldn’t either. The jail did not track deposits to commissary accounts, allowing agents to give inmates money without the jail having any record of the source of those funds.\u003c/p>\n\u003cp>“You would think that you would have to show some identification or something in order to provide an inmate with commissary credit or phone credit or actual cash,” Filo said. “And you don't. So they were able to freely give those sorts of benefits with no accountability or no paper trail.”\u003c/p>\n\u003cp>Inmates leaving the Main Jail would often pass the “business” on to others.\u003c/p>\n\u003cp>The sheriff's department did not answer questions about whether it has taken measures to track commissary account deposits.\u003c/p>\n\u003cp>\u003cstrong>Three-way calling\u003c/strong>\u003c/p>\n\u003cp>Bail agents also compensated inmates with free phone calls. Such calls can cost \u003ca href=\"http://www.eastbayexpress.com/oakland/exploiting-inmates/Content?oid=4185319\" target=\"_blank\">$3 just to establish a connection\u003c/a>.\u003c/p>\n\u003cp>The Santa Clara County Main Jail records inmates’ phone calls, and jail staff are supposed to monitor them.\u003c/p>\n\u003cp>“They do random monitoring,” said Le, the correctional officers’ association president.\u003c/p>\n\u003cp>But court records show bail agents regularly used three-way calling to allow their inmate-recruiters to contact friends and family. An inmate would call an agent, who would then forward the call to a phone number that inmate provided. Jail phone records would show only that the inmate called the agent.\u003c/p>\n\u003cp>By hiding the ultimate targets of their calls, inmates could use the free calls to intimidate witnesses or run other criminal activities from behind bars, putting the public at risk.\u003c/p>\n\u003cfigure id=\"attachment_11395222\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395222\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-800x533.jpg\" alt=\"For years bail bonds agents used inmates inside Santa Clara County Main Jail to drum up new business.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">For years bail bonds agents used inmates inside the Santa Clara County Main Jail to drum up new business. \u003ccite>(Lisa Pickoff White/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If the bail agent then uses his or her cellphone or office phone and makes a three-way call to, for instance, that inmate’s domestic violence victim, who is protected by a restraining order, we would have no way to prove that phone call was made,” prosecutor Filo said.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Le said if inmates are caught making three-way calls, they can have their calling privileges suspended. But, she added, the volume of jailhouse calls makes monitoring them difficult. \u003c/span>\u003c/p>\n\u003cp>The sheriff’s department declined to answer questions about whether jail staff monitored those calls or whether it has taken steps to block three-way calling.\u003c/p>\n\u003cp>Garcia said he never paid inmates with cash. But he acknowledged giving them free phone calls.\u003c/p>\n\u003cp>Court records show that during a five-month period in 2014, Garcia received 934 calls from the jail to his personal cellphone.\u003c/p>\n\u003cp>\u003cstrong>The bust\u003c/strong>\u003c/p>\n\u003cp>Investigators in the district attorney’s office started combing through thousands of recorded phone calls between bail agents and inmates in September 2014.\u003c/p>\n\u003cp>In late August 2015, Garcia peered through the blinds in his living room. He found his house surrounded by law enforcement officers with their guns drawn. They were pointing at him.\u003c/p>\n\u003cp>“I said, ‘Holy smokes!’ ” Garcia said. “I thought I was dreaming.”\u003c/p>\n\u003cp>Police arrested Garcia and booked him into the Santa Clara County Main Jail.\u003c/p>\n\u003cp>“It's funny, because I couldn't get through to anyone,” he said. “Everybody was in jail.”\u003c/p>\n\u003cp>Along with Garcia, law enforcement officers arrested 30 other bail bond agents. It was the \u003ca href=\"http://www.insurance.ca.gov/0400-news/0100-press-releases/2015/release083-15.cfm\" target=\"_blank\">largest bust\u003c/a> of its kind in state history.\u003c/p>\n\u003cp>Prosecutor Filo said when the district attorney’s office first began looking into bail-capping allegations, it didn’t expect to uncover evidence against so many bail agents. She said at some point investigators had to limit the scope of their work to get through the evidence they already had.\u003c/p>\n\u003cp>Garcia worked for a small firm, but many of those agents were employed by some of the nation’s biggest bail providers, including Aladdin, All-Pro Bail Bonds and Bail Hotline.\u003c/p>\n\u003cp>Garcia will serve three months in jail for his involvement in bail capping.\u003c/p>\n\u003cfigure id=\"attachment_11395509\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395509\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/24881_transform-800x1200.jpg\" alt=\"The Santa Clara County District Attorney's office busted 31 bail bond agents in 2015 for illegal business practices.\" width=\"800\" height=\"1200\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-800x1200.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-160x240.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-1020x1530.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-1180x1770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-960x1440.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-240x360.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-375x563.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-520x780.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The Santa Clara County District Attorney's Office busted 31 bail bond agents in 2015 for illegal business practices. \u003ccite>(Jayne Lucas/\u003ca href=\"https://www.flickr.com/photos/ca_dept_insurance/20958801736/in/album-72157657509991139/\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Most of the agents who were arrested have accepted plea deals, with sentences ranging from community service to four months in jail. Seven of the cases have yet to be adjudicated. One agent, Garcia’s boss, went to trial and was found not guilty.\u003c/p>\n\u003cp>No charges were filed against any bail firms or inmates.\u003c/p>\n\u003cp>Jeff Clayton, director of the\u003ca href=\"http://www.americanbailcoalition.org/\" target=\"_blank\"> American Bail Coalition\u003c/a>, insisted the agents who were arrested do not represent the industry.\u003c/p>\n\u003cp>“We don’t agree with people doing the alleged conduct, and if it is happening it does need to be stopped,” he said.\u003c/p>\n\u003cp>Clayton said bail agents who don’t follow the rules should have their licenses revoked, but doesn’t think they should face felony charges.\u003c/p>\n\u003cp>\u003cstrong>'Charity bonds'\u003c/strong>\u003c/p>\n\u003cp>Unlawful bail practices aren’t unique to Santa Clara County. In the past few years, \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-former-lapd-jailer-accused-taking-bribes-20160506-story.html\" target=\"_blank\">Los Angeles\u003c/a>, \u003ca href=\"http://www.sanbag.ca.gov/news/publications/2012-13GrandJuryFinalReportonlineposting.pdf\" target=\"_blank\">San Bernardino\u003c/a> and \u003ca href=\"http://www.orangecounty-bailbonds.com/dui-blog/394-inmate-capping-the-dirty-little-secret-inside-our-jails\" target=\"_blank\">Orange\u003c/a> counties have reported bail-capping cases. The\u003ca href=\"http://www.insurance.ca.gov/0400-news/multimedia/0030VideoHearings/bailhearingvideo.cfm\" target=\"_blank\"> California Department of Insurance\u003c/a>, which regulates the bail industry, estimated that since 2012, complaints about illegal activity by bail agents have tripled.\u003c/p>\n\u003cp>Many of these have come from other bail agents. The \u003ca href=\"https://www.sccgov.org/sites/da/Pages/DA-office-site-home-page.aspx\">Santa Clara County District Attorney's Office\u003c/a> launched its 2014 investigation after receiving complaints from agents.\u003c/p>\n\u003cp>The surge in complaints may be a result of increased competition within the industry, which generates $2 billion in revenue nationwide.\u003c/p>\n\u003cp>According to testimony from Sylvia Herrera, a former Aladdin employee and a witness in the bail-capping cases, agents had to bring in $50,000 and write 20-30 bonds a month. Herrera said the quota was nearly impossible to meet without bending the rules.\u003c/p>\n\u003cp>She described several occasions when she posted bonds for defendants for as little as $10 down. She said she would set up a payment plan for a defendant, knowing the person would probably never pay it.\u003c/p>\n\u003cp>Herrera said agents don’t make a commission on these “charity bonds,” but the deals boost their monthly numbers, and the bail agency is satisfied because the competition for those bonds is eliminated.\u003c/p>\n\u003cp>Aladdin didn’t respond to requests for comment.\u003c/p>\n\u003cp>Payment plans are common in the \u003ca href=\"https://ww2.kqed.org/lowdown/2016/05/03/how-bail-works/\" target=\"_blank\">bail industry\u003c/a>. But they can put the public at risk. A defendant facing felony charges for a violent crime can get out of jail while paying a fraction of the standard bail amount.\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/3533676-Alvarez.html#document/p7\" target=\"_blank\">Court records\u003c/a> show that a Santa Clara County defendant charged with a felony -- battery with serious bodily injury -- bargained with a bail agent to get out of jail for a $150 down payment. A judge had set his bail at $25,000.\u003c/p>\n\u003cp>The final terms of this deal, like all bail bond deals, aren’t known to the public, the courts or regulators.\u003c/p>\n\u003cp>Clayton, the bail industry spokesman, acknowledged that payment plans are a problem. Other states have a set “floor” on how much money a defendant has to put up, but California does not. He said in an effort to get business, bail agents here offer defendants smaller and smaller down payments as part of a “race to the bottom.”\u003c/p>\n\u003cp>\u003cstrong>Balloon payments\u003c/strong>\u003c/p>\n\u003cp>The terms of these payment plans can also hurt defendants.\u003c/p>\n\u003cp>Some payment plans are structured like payday loans, with debt payments ballooning over time, according to Cherise Burdeen of the \u003ca href=\"http://www.pretrial.org/\" target=\"_blank\">Pretrial Justice Institute\u003c/a>, an organization working to end for-profit bail.\u003c/p>\n\u003cp>“People will be paying long after they've satisfied whatever conditions they agreed to for the court,” Burdeen said.\u003c/p>\n\u003cp>Those who sign bail contracts with payment plans can lose their cars or even their homes. Often it’s not the defendant who pays, but a family member.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.insurance.ca.gov/\" target=\"_blank\">California Department of Insurance\u003c/a> said it does not regulate contracts between agents and individuals. Teresa Campbell, assistant chief counsel for the department, said it often receives calls from people who say that a bail agent has taken possession of a car used for collateral, even though the defendant has not missed a court date. Campbell said the department can’t make the agent return the car, but it can apply pressure.\u003c/p>\n\u003cp>“In those situations, we will try and resolve it by getting that consumer, making that consumer whole,” she said. “They just want that car back, so we can work something out where they pay a fine or they have a restriction, and then they give the car back.”\u003c/p>\n\u003cp>Campbell said the department doesn’t have the resources or the authority to adequately police bail agents. But she said that many bail agents are trying to keep their industry clean.\u003c/p>\n\u003cp>“Bail agents will often make complaints about other bail agents, if they know that they're going into jails or things like that,” she said.\u003c/p>\n\u003cp>\u003cstrong>An Alternative to Bail\u003c/strong>\u003c/p>\n\u003cp>California state lawmakers are considering moving the state away from a money-based bail system to what is called \u003ca href=\"https://ww2.kqed.org/news/2016/05/12/contra-costa-pretrial-program-offers-relief-for-those-who-cant-afford-bail/\" target=\"_blank\">“risk-based” pretrial release\u003c/a>.\u003c/p>\n\u003cp>Under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB42\" target=\"_blank\">legislation\u003c/a> sponsored by \u003ca href=\"http://www.robbonta.com/\" target=\"_blank\">Assemblyman Rob Bonta\u003c/a> (D-Alameda) and \u003ca href=\"http://sd18.senate.ca.gov/\" target=\"_blank\">Sen. Robert Hertzberg\u003c/a> (D-Van Nuys), defendants would be assessed for release based on a range of risk factors, including employment, criminal history and community ties.\u003c/p>\n\u003cp>Individuals who are considered lower risk will be released on their own recognizance, without having to pay bail. Higher-risk defendants could be released if they comply with certain conditions, such as ankle monitoring or check-ins with a pretrial services officer.\u003c/p>\n\u003cp>Defendants charged with violent crimes such as murder would not qualify for the pretrial release program. Judges would retain their authority to set bail in cases they deem appropriate.\u003c/p>\n\u003cp>The bill’s proponents say that it would reduce the number of people in jail awaiting trial and create a more equitable system. But bail agents say the legislation threatens public safety and undermines defendants’ civil liberties.\u003c/p>\n\u003cp>“It’s basically putting people on parole before they’ve been accused of a crime,” said Corrin Rankin of the \u003ca href=\"https://www.cbaa.com/\" target=\"_blank\">California Bail Agents Association\u003c/a>.\u003c/p>\n\u003cp>Rankin said money bail works because bail agents are neutral third parties. They don’t have any stake in what the defendant did or didn’t do.\u003c/p>\n\u003cp>“It’s beside the point,\" Rankin said. \"Our job is to make sure people go to court and we do it well.”\u003c/p>\n\u003cp>Santa Clara County is also considering moving away from money bail. It’s studying the feasibility of a nonprofit alternative to commercial bail bonds and looking at expanding pretrial supervision.\u003c/p>\n\u003cp>“Our objective is making Santa Clara County safe and making sure that our justice system is truly just,” \u003ca href=\"https://www.sccgov.org/sites/d2/Pages/d2-supervisor-cindy-chavez.aspx\" target=\"_blank\">county Supervisor Cindy Chavez\u003c/a> said.\u003c/p>\n\u003cp>\u003cem>This piece was updated to include comments from Amy Le, president of the Santa Clara County Correctional Peace Officers Association. An earlier version of this post included comments from correctional officer Sean Allen.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This project was completed as part of a John Jay College of Criminal Justice reporting fellowship.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Bail bond agents paid inmates to drum up business behind bars, giving them money or free phone calls. KQED has learned that the Santa Clara County Sheriff's Department knew this illegal activity was occurring -- but failed to stop it.","status":"publish","parent":0,"modified":1492035570,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":121,"wordCount":3704},"headData":{"title":"Inside Santa Clara Jails, Predatory Bail Schemes Flourished for Years | KQED","description":"Bail bond agents paid inmates to drum up business behind bars, giving them money or free phone calls. KQED has learned that the Santa Clara County Sheriff's Department knew this illegal activity was occurring -- but failed to stop it.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11393155 https://ww2.kqed.org/news/?p=11393155","disqusUrl":"https://ww2.kqed.org/news/2017/04/10/inside-santa-clara-jails-predatory-bail-schemes-flourished-for-years/","disqusTitle":"Inside Santa Clara Jails, Predatory Bail Schemes Flourished for Years","path":"/news/11393155/inside-santa-clara-jails-predatory-bail-schemes-flourished-for-years","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>On June 20, 2014, a bail bond agent named Dino Garcia received a phone call from an inmate in the \u003ca href=\"https://www.sccgov.org/sites/sheriff/pages/mainjail-visiting.aspx\" target=\"_blank\">Santa Clara County Main Jail\u003c/a>. The inmate, known as Riley in \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html\" target=\"_blank\">court documents\u003c/a>, wasn’t calling to bail himself out.\u003c/p>\n\u003cp>He was calling about bail for another inmate who had just arrived at the jail. Riley told Garcia the new inmate was trustworthy and willing to use his homes or vehicles as collateral.\u003c/p>\n\u003cp>Garcia spoke to the man and then got back on the line with Riley, urging him to find more clients.\u003c/p>\n\u003cp>“Get me some good ones, dude, some Asians, some fucking Hindus, some good domestic violence ones,” said Garcia, according to a \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p12\" target=\"_blank\">transcript\u003c/a> of the call.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Listen to KQED's Bail Investigation Series\u003c/h3>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"src":"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/LewisBailBondspt1.mp3","title":"Bail Bonds Schemes Exposed: Part One","program":"KQED News","image":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/11/JailMirror.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"src":"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/BailBondsPart2FixedwithLede.mp3","title":"Bail Bonds Schemes Exposed: Part Two","program":"KQED News","image":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"src":"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/LewisBailBondspt3.mp3","title":"Bail Bonds Schemes Exposed: Part Three","program":"KQED News","image":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/11/RS17524_Judge-addresses-holloway-qut.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/aside>\n\u003cp>Garcia wasn’t alone. For years, bail bond agents had been compensating inmates to drum up business in the county’s jails, according to an investigation by the Santa Clara County District Attorney’s Office.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Prosecutors say the illegal activity, known as “bail capping,” gave agents an unfair competitive advantage.\u003c/p>\n\u003cp>It also put inmates and the public at risk.\u003c/p>\n\u003cp>KQED has learned that the \u003ca href=\"https://www.sccgov.org/sites/sheriff/Pages/overview.aspx\">Santa Clara County Sheriff's Department \u003c/a>knew that bail capping was occurring in its jails, but failed to stop it.\u003c/p>\n\u003cp>Through interviews and court records, KQED has found that at least 30 inmates in Santa Clara County jails were involved in bail-capping schemes. Those recruiters controlled access to the phones, threatened other inmates or promised cheap bail to pressure inmates to sign contracts with certain bail agents.\u003c/p>\n\u003cp>The sheriff’s department’s lack of oversight -- and lax policies -- made it easier for agents and inmates to continue working together, in violation of the law.\u003c/p>\n\u003cp>\u003cstrong>'Gatekeepers of bail'\u003c/strong>\u003c/p>\n\u003cp>Longtime inmates in the Santa Clara County Main Jail acted as the “gatekeepers of bail,” according to Alison Filo, the deputy district attorney tasked with prosecuting dozens of bail agents for illegal business practices.\u003c/p>\n\u003cp>Scott Culp told KQED he started working for agents from inside the main jail about three months after he was arrested for armed robbery in 2013. He said he worked as a recruiter until he was transferred to \u003ca href=\"http://www.cdcr.ca.gov/Facilities_Locator/PVSP.html\" target=\"_blank\">Pleasant Valley State Prison\u003c/a> in 2016.\u003c/p>\n\u003cp>Culp said new inmates had “no choice” but to use the bail bond agents he called.\u003c/p>\n\u003cp>In order to make a phone call, inmates needed a special code. Culp said in the unit where he was serving time, new inmates weren’t given instructions on how to use the phone codes. He would “help” them.\u003c/p>\n\u003cfigure id=\"attachment_11395507\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395507\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/Culp-800x1000.jpg\" alt=\"Scott Culp says he worked as a recruiter for bail agents for three years while in Santa Clara County Main Jail on armed robbery charges. \" width=\"800\" height=\"1000\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-800x1000.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-1020x1276.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-1180x1476.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-960x1201.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-375x469.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-520x650.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp.jpg 1313w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Scott Culp says he worked as a recruiter for bail agents for three years while in Santa Clara County Main Jail on armed robbery charges. \u003ccite>(From Scott Culp's case file)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I take their code,” explained Culp. “I use their code, so they’re not able to call their family to have their family bail them out. They have to go through me and through these bail agencies.”\u003c/p>\n\u003cp>Under state law, only defendants, their family members or their attorneys can contact a bail agent to arrange bail.\u003c/p>\n\u003cp>Prosecutors say that bail capping creates a predatory environment in the jail. First-time inmates are especially vulnerable, because often they’re afraid and have little information. They don’t know, for example, that they may be \u003ca href=\"https://www.sccgov.org/sites/pretrial/Pages/Office-of-Pretrial-Services.aspx\" target=\"_blank\">eligible to get out of jail\u003c/a> without paying bail or to have their bail reduced.\u003c/p>\n\u003cp>“Their instant reaction is what they see on television or what they read in the newspapers,” Filo said, “Which is, ‘I've got to get bail,’ and that sort of desperation is preyed upon by the inmates who are in custody seeking to get some benefit for themselves.”\u003c/p>\n\u003cp>Inmate-recruiters also angled to maintain that benefit by limiting their competition.\u003c/p>\n\u003cp>When Garcia complained to an inmate named Alberto Solorio about another inmate who was “pushing people to Luna,” a rival bail agency, Solorio assured him that he would take care of the problem, according to an\u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html\" target=\"_blank\"> investigator’s summary\u003c/a> of a phone call between the two men.\u003c/p>\n\u003cp>Garcia told Solorio to get the other inmate “rolled out (kicked out of the dorm).” Solorio responded: “That’s not even a problem.”\u003c/p>\n\u003cp>\u003cstrong>Visitation irregularities\u003c/strong>\u003c/p>\n\u003cp>Culp told KQED that guards were also involved in the illegal activity.\u003c/p>\n\u003cp>He said guards allowed some bail agents to visit him multiple times a week, even though he was not eligible for bail. During those visits, Culp said, agents would train him to recruit new clients, explaining what kinds of questions to ask inmates to find out their suitability for bail.\u003c/p>\n\u003cp>KQED submitted a public records request for the log of Culp’s visitors. In its response, the sheriff’s department said Culp had no visitors.\u003c/p>\n\u003cp>Garcia, now a former bail agent, told KQED that he saw correctional officers giving other agents special treatment, allowing them access to the jail outside of visiting hours.\u003c/p>\n\u003cp>Bail agents are supposed to follow the same rules as other jail visitors, according to the sheriff's department, including writing down the names of the inmates they are visiting in a log book.\u003c/p>\n\u003cp>But at least one bail agent, Fernando Casillas of Aladdin Bail Bonds, was permitted to bypass visiting procedures. According to the \u003ca href=\"https://www.documentcloud.org/documents/3533677-Casillas1.html\" target=\"_blank\">district attorney’s investigation\u003c/a>, when Casillas came into the jail to interview an inmate, he wrote “inmate” on the log book.\u003c/p>\n\u003cdiv class=\"mceTemp\">\u003c/div>\n\u003cfigure id=\"attachment_11395508\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395508\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-800x1000.jpg\" alt=\"Fernando Casillas was one of 31 bail agents arrested by law enforcement on charges of illegal business practices.\" width=\"800\" height=\"1000\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-375x469.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-520x650.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Fernando Casillas was one of 31 bail agents arrested by law enforcement on charges of illegal business practices. \u003ccite>(\u003ca href=\"https://www.flickr.com/photos/ca_dept_insurance/20958950626/in/album-72157657509991139/\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The inmate who Casillas interviewed was named Lakhbir Singh. Singh told investigators that a jail staff member referred him to Casillas.\u003c/p>\n\u003cp>“Singh said he was then interviewed by someone inside the jail from Aladdin Bail Bonds soon after speaking with this person working at the jail,” the investigator's report said.\u003c/p>\n\u003cp>Singh said that neither he nor his wife called Casillas or \u003ca href=\"https://www.aladdinbailbonds.com/\" target=\"_blank\">Aladdin Bail Bonds\u003c/a>.\u003c/p>\n\u003cp>Investigators were unable to identify the jail staff member.\u003c/p>\n\u003cp>The sheriff’s department did not respond to questions about its visitation procedures or whether it had investigated jail staff in connection with bail capping.\u003c/p>\n\u003cp>The district attorney’s office said it did not have evidence to file charges against any guards or jail administrators.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Amy Le, president of the \u003c/span>\u003cspan style=\"font-weight: 400\">Santa Clara County Correctional Peace Officers Association, said she is not aware of any officer involvement in bail capping schemes.\u003c/span>\u003c/p>\n\u003cp>“We have over 750 employees here,” she said. “We are all professional people. We do what is right even when no one is watching.”\u003c/p>\n\u003cp>Le said to her knowledge none of the employees she represents have been investigated or disciplined for bail-related misconduct.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">If officers are involved in such misconduct, Le said, “They [the officers] don’t need to wear a uniform. They don’t need to work here.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11395513\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11395513 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-800x533.jpg\" alt='Aladdin Bail Bonds was one of seven companies whose agents were arrested for illegal business practices including \"bail capping.\"' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Aladdin Bail Bonds was one of seven companies whose agents were arrested for alleged illegal business practices, including bail capping. \u003ccite>(Jayne Lucas/\u003ca href=\"%E2%80%9Chhttps://www.flickr.com/photos/ca_dept_insurance/20798065700/in/album-72157657509991139/%22\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp> \u003c/p>\n\u003cp>The sheriff’s department has been under \u003ca href=\"https://ww2.kqed.org/news/2017/01/25/inmates-brutal-beating-death-spurs-scrutiny-and-reform-in-santa-clara-county-jails/\" target=\"_blank\">scrutiny\u003c/a> since the in-custody death of Michael Tyree on Aug. 26, 2015. Three guards are on \u003ca href=\"http://www.mercurynews.com/2017/04/04/michael-tyree/\" target=\"_blank\">trial\u003c/a> for allegedly beating the mentally ill inmate to death. The guards -- Matthew Farris, Rafael Rodriguez and Jereh Lubrin -- have pleaded not guilty to second-degree murder.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.sccgov.org/sites/scc/pages/brc.aspx\" target=\"_blank\">commission\u003c/a> formed to assess operations in Santa Clara County’s jails in the wake of Tyree’s death did not address illegal activity between bail agents and inmates.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.fbi.gov/contact-us/field-offices/sanfrancisco\" target=\"_blank\">Federal Bureau of Investigation\u003c/a> would not comment on whether it is investigating the sheriff’s department.\u003c/p>\n\u003cp>\u003cstrong>$100 deposits\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p16\" target=\"_blank\">Court records\u003c/a> show that jail administrators knew since at least 2012 that illegal bail activity was going on in the jails.\u003c/p>\n\u003cp>On July 6, 2012, Kevin Heilman, who was then the captain of the main jail, received an email from Sgt. Eric Liddle. A bail agent had complained to Liddle that inmates in the Main Jail were working as paid recruiters for another bail firm. Liddle recommended an investigation.\u003c/p>\n\u003cp>Another jail sergeant wrote to Heilman in a follow-up report dated July 31, 2012, that guards had searched the cell of two inmates suspected of being involved in the scheme. They found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account. The two inmates were moved to other areas of the jail.\u003c/p>\n\u003cp>Court documents do not indicate whether the sheriff’s department took any action against bail agents, including restricting their access to inmates.\u003c/p>\n\u003cp>A year later, Lt. April McHugh at the Main Jail \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p34\" target=\"_blank\">emailed \u003c/a>sheriff’s department administrators about a call she received from a bail agent named Robert Silva of Amigo Bail Bonds, alleging that bail agents and inmates were still working together.\u003c/p>\n\u003cfigure id=\"attachment_11395493\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395493\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/File_008-800x600.jpeg\" alt=\"When guards searched the cell of two inmate suspected of involvement in bail capping they found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-160x120.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1020x765.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1920x1440.jpeg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1180x885.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-960x720.jpeg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-240x180.jpeg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-375x281.jpeg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-520x390.jpeg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">When guards searched the cell of two inmate suspected of involvement in bail capping, they found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account.\u003c/figcaption>\u003c/figure>\n\u003cp>“The inmates allegedly question the new inmates as to whether they have bail and when they say they do they intimidate them to go to the other company,” McHugh wrote. “The other company sends commissary packages online anonymously to the inmate who refers the new inmate to them.\u003c/p>\n\u003cp>“It sounds like this inquiry has gone nowhere, but Mr. Silva says he has one or two ‘victims’ who are very afraid to talk, because the bail company has all of their information. I am not sure what he hopes to gain by contacting Main Jail.”\u003c/p>\n\u003cp>The department declined to answer questions about whether it investigated Silva’s complaint.\u003c/p>\n\u003cp>In 2014, the district attorney’s office launched its own bail-capping investigation and found widespread illegal activity between bail agents and jail inmates.\u003c/p>\n\u003cp>\u003cstrong>Jail accounting\u003c/strong>\u003c/p>\n\u003cp>Jail practices made it easy for bail agents to pay recruiters with deposits into their inmate commissary accounts.\u003c/p>\n\u003cp>Culp, the former Santa Clara County inmate, claims agents paid him $15,000 in one year.\u003c/p>\n\u003cp>KQED couldn’t confirm the payments to Culp. Prosecutors couldn’t either. The jail did not track deposits to commissary accounts, allowing agents to give inmates money without the jail having any record of the source of those funds.\u003c/p>\n\u003cp>“You would think that you would have to show some identification or something in order to provide an inmate with commissary credit or phone credit or actual cash,” Filo said. “And you don't. So they were able to freely give those sorts of benefits with no accountability or no paper trail.”\u003c/p>\n\u003cp>Inmates leaving the Main Jail would often pass the “business” on to others.\u003c/p>\n\u003cp>The sheriff's department did not answer questions about whether it has taken measures to track commissary account deposits.\u003c/p>\n\u003cp>\u003cstrong>Three-way calling\u003c/strong>\u003c/p>\n\u003cp>Bail agents also compensated inmates with free phone calls. Such calls can cost \u003ca href=\"http://www.eastbayexpress.com/oakland/exploiting-inmates/Content?oid=4185319\" target=\"_blank\">$3 just to establish a connection\u003c/a>.\u003c/p>\n\u003cp>The Santa Clara County Main Jail records inmates’ phone calls, and jail staff are supposed to monitor them.\u003c/p>\n\u003cp>“They do random monitoring,” said Le, the correctional officers’ association president.\u003c/p>\n\u003cp>But court records show bail agents regularly used three-way calling to allow their inmate-recruiters to contact friends and family. An inmate would call an agent, who would then forward the call to a phone number that inmate provided. Jail phone records would show only that the inmate called the agent.\u003c/p>\n\u003cp>By hiding the ultimate targets of their calls, inmates could use the free calls to intimidate witnesses or run other criminal activities from behind bars, putting the public at risk.\u003c/p>\n\u003cfigure id=\"attachment_11395222\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395222\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-800x533.jpg\" alt=\"For years bail bonds agents used inmates inside Santa Clara County Main Jail to drum up new business.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">For years bail bonds agents used inmates inside the Santa Clara County Main Jail to drum up new business. \u003ccite>(Lisa Pickoff White/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If the bail agent then uses his or her cellphone or office phone and makes a three-way call to, for instance, that inmate’s domestic violence victim, who is protected by a restraining order, we would have no way to prove that phone call was made,” prosecutor Filo said.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Le said if inmates are caught making three-way calls, they can have their calling privileges suspended. But, she added, the volume of jailhouse calls makes monitoring them difficult. \u003c/span>\u003c/p>\n\u003cp>The sheriff’s department declined to answer questions about whether jail staff monitored those calls or whether it has taken steps to block three-way calling.\u003c/p>\n\u003cp>Garcia said he never paid inmates with cash. But he acknowledged giving them free phone calls.\u003c/p>\n\u003cp>Court records show that during a five-month period in 2014, Garcia received 934 calls from the jail to his personal cellphone.\u003c/p>\n\u003cp>\u003cstrong>The bust\u003c/strong>\u003c/p>\n\u003cp>Investigators in the district attorney’s office started combing through thousands of recorded phone calls between bail agents and inmates in September 2014.\u003c/p>\n\u003cp>In late August 2015, Garcia peered through the blinds in his living room. He found his house surrounded by law enforcement officers with their guns drawn. They were pointing at him.\u003c/p>\n\u003cp>“I said, ‘Holy smokes!’ ” Garcia said. “I thought I was dreaming.”\u003c/p>\n\u003cp>Police arrested Garcia and booked him into the Santa Clara County Main Jail.\u003c/p>\n\u003cp>“It's funny, because I couldn't get through to anyone,” he said. “Everybody was in jail.”\u003c/p>\n\u003cp>Along with Garcia, law enforcement officers arrested 30 other bail bond agents. It was the \u003ca href=\"http://www.insurance.ca.gov/0400-news/0100-press-releases/2015/release083-15.cfm\" target=\"_blank\">largest bust\u003c/a> of its kind in state history.\u003c/p>\n\u003cp>Prosecutor Filo said when the district attorney’s office first began looking into bail-capping allegations, it didn’t expect to uncover evidence against so many bail agents. She said at some point investigators had to limit the scope of their work to get through the evidence they already had.\u003c/p>\n\u003cp>Garcia worked for a small firm, but many of those agents were employed by some of the nation’s biggest bail providers, including Aladdin, All-Pro Bail Bonds and Bail Hotline.\u003c/p>\n\u003cp>Garcia will serve three months in jail for his involvement in bail capping.\u003c/p>\n\u003cfigure id=\"attachment_11395509\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395509\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/24881_transform-800x1200.jpg\" alt=\"The Santa Clara County District Attorney's office busted 31 bail bond agents in 2015 for illegal business practices.\" width=\"800\" height=\"1200\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-800x1200.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-160x240.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-1020x1530.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-1180x1770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-960x1440.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-240x360.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-375x563.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-520x780.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The Santa Clara County District Attorney's Office busted 31 bail bond agents in 2015 for illegal business practices. \u003ccite>(Jayne Lucas/\u003ca href=\"https://www.flickr.com/photos/ca_dept_insurance/20958801736/in/album-72157657509991139/\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Most of the agents who were arrested have accepted plea deals, with sentences ranging from community service to four months in jail. Seven of the cases have yet to be adjudicated. One agent, Garcia’s boss, went to trial and was found not guilty.\u003c/p>\n\u003cp>No charges were filed against any bail firms or inmates.\u003c/p>\n\u003cp>Jeff Clayton, director of the\u003ca href=\"http://www.americanbailcoalition.org/\" target=\"_blank\"> American Bail Coalition\u003c/a>, insisted the agents who were arrested do not represent the industry.\u003c/p>\n\u003cp>“We don’t agree with people doing the alleged conduct, and if it is happening it does need to be stopped,” he said.\u003c/p>\n\u003cp>Clayton said bail agents who don’t follow the rules should have their licenses revoked, but doesn’t think they should face felony charges.\u003c/p>\n\u003cp>\u003cstrong>'Charity bonds'\u003c/strong>\u003c/p>\n\u003cp>Unlawful bail practices aren’t unique to Santa Clara County. In the past few years, \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-former-lapd-jailer-accused-taking-bribes-20160506-story.html\" target=\"_blank\">Los Angeles\u003c/a>, \u003ca href=\"http://www.sanbag.ca.gov/news/publications/2012-13GrandJuryFinalReportonlineposting.pdf\" target=\"_blank\">San Bernardino\u003c/a> and \u003ca href=\"http://www.orangecounty-bailbonds.com/dui-blog/394-inmate-capping-the-dirty-little-secret-inside-our-jails\" target=\"_blank\">Orange\u003c/a> counties have reported bail-capping cases. The\u003ca href=\"http://www.insurance.ca.gov/0400-news/multimedia/0030VideoHearings/bailhearingvideo.cfm\" target=\"_blank\"> California Department of Insurance\u003c/a>, which regulates the bail industry, estimated that since 2012, complaints about illegal activity by bail agents have tripled.\u003c/p>\n\u003cp>Many of these have come from other bail agents. The \u003ca href=\"https://www.sccgov.org/sites/da/Pages/DA-office-site-home-page.aspx\">Santa Clara County District Attorney's Office\u003c/a> launched its 2014 investigation after receiving complaints from agents.\u003c/p>\n\u003cp>The surge in complaints may be a result of increased competition within the industry, which generates $2 billion in revenue nationwide.\u003c/p>\n\u003cp>According to testimony from Sylvia Herrera, a former Aladdin employee and a witness in the bail-capping cases, agents had to bring in $50,000 and write 20-30 bonds a month. Herrera said the quota was nearly impossible to meet without bending the rules.\u003c/p>\n\u003cp>She described several occasions when she posted bonds for defendants for as little as $10 down. She said she would set up a payment plan for a defendant, knowing the person would probably never pay it.\u003c/p>\n\u003cp>Herrera said agents don’t make a commission on these “charity bonds,” but the deals boost their monthly numbers, and the bail agency is satisfied because the competition for those bonds is eliminated.\u003c/p>\n\u003cp>Aladdin didn’t respond to requests for comment.\u003c/p>\n\u003cp>Payment plans are common in the \u003ca href=\"https://ww2.kqed.org/lowdown/2016/05/03/how-bail-works/\" target=\"_blank\">bail industry\u003c/a>. But they can put the public at risk. A defendant facing felony charges for a violent crime can get out of jail while paying a fraction of the standard bail amount.\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/3533676-Alvarez.html#document/p7\" target=\"_blank\">Court records\u003c/a> show that a Santa Clara County defendant charged with a felony -- battery with serious bodily injury -- bargained with a bail agent to get out of jail for a $150 down payment. A judge had set his bail at $25,000.\u003c/p>\n\u003cp>The final terms of this deal, like all bail bond deals, aren’t known to the public, the courts or regulators.\u003c/p>\n\u003cp>Clayton, the bail industry spokesman, acknowledged that payment plans are a problem. Other states have a set “floor” on how much money a defendant has to put up, but California does not. He said in an effort to get business, bail agents here offer defendants smaller and smaller down payments as part of a “race to the bottom.”\u003c/p>\n\u003cp>\u003cstrong>Balloon payments\u003c/strong>\u003c/p>\n\u003cp>The terms of these payment plans can also hurt defendants.\u003c/p>\n\u003cp>Some payment plans are structured like payday loans, with debt payments ballooning over time, according to Cherise Burdeen of the \u003ca href=\"http://www.pretrial.org/\" target=\"_blank\">Pretrial Justice Institute\u003c/a>, an organization working to end for-profit bail.\u003c/p>\n\u003cp>“People will be paying long after they've satisfied whatever conditions they agreed to for the court,” Burdeen said.\u003c/p>\n\u003cp>Those who sign bail contracts with payment plans can lose their cars or even their homes. Often it’s not the defendant who pays, but a family member.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.insurance.ca.gov/\" target=\"_blank\">California Department of Insurance\u003c/a> said it does not regulate contracts between agents and individuals. Teresa Campbell, assistant chief counsel for the department, said it often receives calls from people who say that a bail agent has taken possession of a car used for collateral, even though the defendant has not missed a court date. Campbell said the department can’t make the agent return the car, but it can apply pressure.\u003c/p>\n\u003cp>“In those situations, we will try and resolve it by getting that consumer, making that consumer whole,” she said. “They just want that car back, so we can work something out where they pay a fine or they have a restriction, and then they give the car back.”\u003c/p>\n\u003cp>Campbell said the department doesn’t have the resources or the authority to adequately police bail agents. But she said that many bail agents are trying to keep their industry clean.\u003c/p>\n\u003cp>“Bail agents will often make complaints about other bail agents, if they know that they're going into jails or things like that,” she said.\u003c/p>\n\u003cp>\u003cstrong>An Alternative to Bail\u003c/strong>\u003c/p>\n\u003cp>California state lawmakers are considering moving the state away from a money-based bail system to what is called \u003ca href=\"https://ww2.kqed.org/news/2016/05/12/contra-costa-pretrial-program-offers-relief-for-those-who-cant-afford-bail/\" target=\"_blank\">“risk-based” pretrial release\u003c/a>.\u003c/p>\n\u003cp>Under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB42\" target=\"_blank\">legislation\u003c/a> sponsored by \u003ca href=\"http://www.robbonta.com/\" target=\"_blank\">Assemblyman Rob Bonta\u003c/a> (D-Alameda) and \u003ca href=\"http://sd18.senate.ca.gov/\" target=\"_blank\">Sen. Robert Hertzberg\u003c/a> (D-Van Nuys), defendants would be assessed for release based on a range of risk factors, including employment, criminal history and community ties.\u003c/p>\n\u003cp>Individuals who are considered lower risk will be released on their own recognizance, without having to pay bail. Higher-risk defendants could be released if they comply with certain conditions, such as ankle monitoring or check-ins with a pretrial services officer.\u003c/p>\n\u003cp>Defendants charged with violent crimes such as murder would not qualify for the pretrial release program. Judges would retain their authority to set bail in cases they deem appropriate.\u003c/p>\n\u003cp>The bill’s proponents say that it would reduce the number of people in jail awaiting trial and create a more equitable system. But bail agents say the legislation threatens public safety and undermines defendants’ civil liberties.\u003c/p>\n\u003cp>“It’s basically putting people on parole before they’ve been accused of a crime,” said Corrin Rankin of the \u003ca href=\"https://www.cbaa.com/\" target=\"_blank\">California Bail Agents Association\u003c/a>.\u003c/p>\n\u003cp>Rankin said money bail works because bail agents are neutral third parties. They don’t have any stake in what the defendant did or didn’t do.\u003c/p>\n\u003cp>“It’s beside the point,\" Rankin said. \"Our job is to make sure people go to court and we do it well.”\u003c/p>\n\u003cp>Santa Clara County is also considering moving away from money bail. It’s studying the feasibility of a nonprofit alternative to commercial bail bonds and looking at expanding pretrial supervision.\u003c/p>\n\u003cp>“Our objective is making Santa Clara County safe and making sure that our justice system is truly just,” \u003ca href=\"https://www.sccgov.org/sites/d2/Pages/d2-supervisor-cindy-chavez.aspx\" target=\"_blank\">county Supervisor Cindy Chavez\u003c/a> said.\u003c/p>\n\u003cp>\u003cem>This piece was updated to include comments from Amy Le, president of the Santa Clara County Correctional Peace Officers Association. An earlier version of this post included comments from correctional officer Sean Allen.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This project was completed as part of a John Jay College of Criminal Justice reporting fellowship.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11393155/inside-santa-clara-jails-predatory-bail-schemes-flourished-for-years","authors":["8676"],"programs":["news_6944"],"categories":["news_6188","news_8","news_13"],"tags":["news_20756","news_17725","news_19542","news_2069","news_3674","news_18188"],"featImg":"news_11397372","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.","airtime":"THU 10pm, FRI 1am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.commonwealthclub.org/podcasts","meta":{"site":"news","source":"Commonwealth Club of California"},"link":"/radio/program/commonwealth-club","subscribe":{"apple":"https://itunes.apple.com/us/podcast/commonwealth-club-of-california-podcast/id976334034?mt=2","google":"https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw","tuneIn":"https://tunein.com/radio/Commonwealth-Club-of-California-p1060/"}},"considerthis":{"id":"considerthis","title":"Consider This","tagline":"Make sense of the day","info":"Make sense of the day. Every weekday afternoon, Consider This helps you consider the major stories of the day in less than 15 minutes, featuring the reporting and storytelling resources of NPR. 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