Bail and Release Workgroup
The Board of Supervisors created the Bail and Release Work Group (BRWG) in February 2014 to research, analyze, and recommend improvements to current policies and practices for incarceration, bail, screening, and supervision of criminal defendants, including in cases involving domestic violence-related offenses; review state and national pretrial justice policies and identify best practices; and develop consensus on a set of recommendations for the Board of Supervisors on proposed policy and process reforms in the County.
The BRWG examined the pre-adjudication processes of incarceration, bail, release screening, and supervision of criminal defendants in Santa Clara County, neighboring jurisdictions, and other jurisdictions around the country. Thus, the BRWG’s focus included, but was not limited to, an examination of practices relating to money bail. The BRWG also reviewed literature on best practices for pretrial justice, and consulted with both local and national subject-matter experts.
Between February and August 2016, the BRWG met several times to receive public comment and provide direction to staff for further research and development of the BRWG Report. Staff also held two public forums to receive feedback from representatives of the bail bond industry. Additionally, with the Board’s approval, the BRWG allowed for the bail bond industry to prepare and present two written responses to the draft BRWG Report, which industry representatives presented at the BRWG’s meeting on August 26, 2016. At that meeting, following further public comment and discussion, the BRWG unanimously voted to approve the 18 recommendations contained in the Report, with some modifications based on bail industry feedback, and to forward them to the Board for review and approval.
Link to Board reports:
- October 4, 2016 Board of Supervisors meeting: Bail and Release Work Group Consensus Report on Optimal Pretrial Justice
- April 11, 2024 Public Safety and Justice Committee meeting: Report from the Office of the County Executive and Office of the County Counsel relating to the implementation status of recommendations developed by the Alternatives to Incarceration and Bail and Release Work Groups.
- October 24, 2024 Public Safety and Justice Committee meeting: Report from the Office of the County Counsel and Office of the County Executive relating to bail reform efforts and implementation of Bail and Release Work Group and Alternatives to Incarceration Work Group recommendations.