John Raphling Profile picture

Aug 17, 2018, 12 tweets

@hrw strongly opposes #SB10, CA bail reform bill, because it isn't bail reform. It replaces money bail with racially biased risk assessment and judges' discretion to lock people up with no chance of release. #StopSB10 @svdebug

#SB10 replaces money bail with risk assessment tools that embed and increase societal and law enforcement race and class bias while claiming to be "evidence based." hrw.org/news/2018/06/0… @hrw #STOPSB10 @hrw

Risk assessment tools used in #SB10 have adjustable scoring systems, so they can be used to put as many people as they want into the higher risk categories. Guess who will control the scoring of the tools? #STOPSB10 @essie4justice @hrw

The judges will control the risk assessment tools used in #SB10. They will have complete control over the scoring system. What could possibly go wrong? #FakeBailReform #STOPSB10 @LACANetwork @hrw

Judges use pretrial detention through money bail to pressure them to plead guilty quickly so they can get out, regardless of guilt or innocence. It's how they keep court calendars moving. It's part of the machinery of mass incarceration. #STOPSB10 @JustLeadersUSA @hrw

So #SB10 gives judges control over a tool they can adjust to lock up as many people as they want while appearing to be "evidence based." This is not bail reform. This substitutes one bad system for a worse one. #STOPSB10 @YouthJusticeLA @hrw

#SB10 even allows for jailing of low and moderate risk people through broad carve outs from the release provisions. And it gives local courts nearly unlimited power to make more carve outs to further decrease those eligible for release. #STOPSB10 @LACANetwork @hrw

It gets worse. #SB10 gives judges wide discretion to jail people waiting trial with no possibility of release-- preventive detention. The judge just have to say they don't think they can guarantee return to court or no re-arrest if they order release.
#STOPSB10 @CURBprisons @hrw

Preventive detention hearings have no due process-- prosecutor asks for it and judge decides based on prosecutor's argument, risk assessment, police report, whatever hearsay the judge wants. #FakeBailReform #STOPSB10 @svdebug @hrw

#SB10 is a power grab by judges and law enforcement. Probation and the judiciary get more funding, but pretrial incarceration rates won't go down. Big costs to taxpayers. #STOPSB10 @essie4justice @hrw

@hrw opposes money bail and does not agree with the parasitical bail bond industry. But #SB10 is as bad or worse. #STOPSB10 @CURBprisons

Real bail reform is possible. @LACANetwork, @hrw and our many allies are proposing a model of bail reform that lowers pretrial detention rates, has individualized hearings, addresses real public safety and doesn't use risk assessment tools. na01.safelinks.protection.outlook.com/?url=http%3A%2… #STOPSB10

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