Recall Efforts Seek to Correct Cash Bail Reform's Consequences

Those opposed to the travesty called "bail reform" are often accused by social extremists of being bail bond company lackeys who put too much emphasis on the negative and not enough on the positive. Those hilariously named "social justice warriors" point to figures that show overall prison populations are down. They also repeat the claim that the main goal of bail reform was not to create a utopia but to stop punishing people (mostly minorities) who could not afford to post bail and so languished in jails at disproportionate rates. And in both senses, they claim, bail reform can only be classified as a success.

Really?

About Those Lower Prison Population Numbers

It is true that bail reform initiatives around the country have resulted in fewer people being held in jail while awaiting their day in court. In some places, like New York, for example, the difference was remarkable. In the year after bail reform was passed in the state, the average number of people being held in local jails while awaiting their day in court decreased by almost ⅓ from just over 21,000 per day to just over 14,500 per day. Now if all of those 6,500 or so people who were being released went straight home or back to their jobs like good little boys and girls it would be a remarkable achievement indeed. But they didn’t.

In the ten months after bail reform went into effect crime in New York City was up by more than 500% when compared to the first ten months of 2017. Violent criminals were being arrested, released on their own recognizance, and in some cases re-arrested the next day on fresh allegations and released again. Innocent people were being bludgeoned with hammers by serial offenders, having human feces rubbed in their faces, and standing by helplessly as their stores were being ransacked while police refused to intervene. The crime surge resulting from catch-and-release policies was a major reason why, in April 2022, New York Governor Hochul did a 180-degree turn and signed a measure rolling back most of the provisions of the disastrous 2019 reform law.

What About The Claim of Fewer Minorities Being Incarcerated?

The other claim bandied about by bail reformers in support of their indefensible position is that the most important goal of bail reform was to eliminate the alleged racism of the bail bond agent and the industry they represent that was said to disproportionately punish low-income blacks and other minorities. While a color-blind criminal justice system is something every government at every level should aspire to, is there any truth to the claim that bail reform actually reduced the percentage of blacks and other minorities being held over for trial? The short answer is "No". In fact, statistics tell quite a different story.

According to a study by the Vera Institute of Justice prior to bail reform taking effect, blacks in New York City were 5.3 times more likely than whites to be held in jail pending their court appearance. Bail reform was supposed to change that, right? Well, according to the same study after bail reform took effect blacks in New York City became 6.2 times more likely than whites to be held over. How does that reconcile with the claim that bail reform has been successful in addressing the disproportionate percentage of blacks who were allegedly victims of a racist bail system? The short answer is "It doesn’t". All bail reform accomplished was creating an atmosphere where serial offenders could operate with impunity.

Pushing Back Against Those Responsible

In many parts of the country, the bail reform fiasco has been exacerbated by "activist" district attorneys who have taken it upon themselves to implement the extremist anti-bail agenda. (We won't call them "progressive" because there is nothing progressive about trampling on victims' rights and turning city streets into war zones.) For several years these loose cannons stealthily went about their business of undermining the justice system by refusing to bring charges against countless alleged perps. But as crime has surged their active role in promoting the chaos has come to light and recall efforts with broad-based support are now poised to send some of them packing.

In San Francisco for example, a significant majority responded to a recent poll stating they would vote for the removal of leftist DA Chesa Boudin. Just to demonstrate how out of touch he is with reality Boudin characterized the recall effort as something being conducted by "a few rich people". Considering 20% of all San Francisco voters signed the recall petition it’s clear this is a grassroots movement and not one that originated over high tea in Marin County. Los Angeles DA George Gascon is also facing potential recall as residents of Los Angeles County are tired of soaring crime and Gascon’s public indifference seeks to land a 1-2 punch against California’s anti-bonding company DAs.

The Return of Affordable Bail Bonds?

Picking up the baton from enlightened citizens elsewhere, people in Alamosa County, Colorado officially disbarred District Attorney Alonzo Payne in 2022. The letter in support of the recall cites Payne's blatant disregard for victims' rights and his unwillingness to prosecute people for serious offenses, among other things. Could the future hold similar recalls in Denver County and elsewhere as people push back against the state’s unprecedented crime wave? Only time will tell. We’ll keep our fingers crossed.