As the novel coronavirus swept the world in the early parts of 2020, many unknown factors prompted a strong response from national and local governments trying to prevent widespread disease and death. Not knowing exactly what they were dealing with, in terms of how contagious the new coronavirus was or deadly COVID-19, the disease caused by the coronavirus, would be, most states, including California, shuttered all businesses that were considered non-essential and restricted their residents from leaving their homes, except for essential activities.

Flattening The Curve

In the beginning, the idea behind the restrictions on citizen’s movement and everyday life was to slow the spread of the coronavirus so that hospitals and the medical community could properly prepare for the expected influx of people in critical condition from the coronavirus. Without restricting non-essential activities and enforcing social distancing, computer models showed the virus spreading at an exponential rate that threatened to overrun the health system and leave doctors having to decide who would receive lifesaving care and who would not.

“Flattening the curve” became the mantra of every media outlet and government official encouraging or enforcing the restrictions on daily life. And, Americans were, for the most part, happy to comply with inconveniences designed to save lives. However, in the months since these restrictions went into effect, hospitals have geared up to help patients who never materialized, to the point that many rural hospitals are reporting personnel layoffs because they simply have no patients to care for. And yet, the emergency orders and “shelter in place” restrictions remain, in many areas, despite the drain on the economy and the growing frustration of citizens tired of sitting at home.

Reducing At-Risk Populations In Jails

Because “social distancing” is difficult in crowded conditions like jails and prisons, these populations were considered high risk for managing the spread of the coronavirus. Emergency orders were issued in California permitting all defendants awaiting trial, except those charged with a few, serious crimes, to be released without bail to return home to shelter in place with their families. At the same time, bail was eliminated for all but thirteen serious or violent felonies that include crimes like murder, rape, arson, and domestic violence.

In an ironic twist, it has been reported that few, if any, of the inmates who were released from jail to reduce populations and reduce the risk of spreading coronavirus were tested for COVID-19 before their release. As a result, some inmates and defendants went home to family and friends without knowing that they had already been exposed to COVID-19 and as a result, they ended up putting their communities at greater risk.

No Bail Equals No Consequences

As a result of this mass release from incarceration, thousands of individuals who would otherwise be in jail are walking free and continuing to commit crimes. Defendants arrested in California and released with no bail are still required to appear for court proceedings at some point in the future. However, most defendants are being cited for crimes and then released without ever setting foot inside a jail, without having to arrange for bail or bail bonds, and they are not being deterred from committing additional crimes when they aren’t feeling the effect of consequences after an arrest.

According to the Los Angeles Times, in April, two men who were released from jail because of the threat of coronavirus were arrested again within hours of being released. One man was arrested for carjacking forty minutes after his release from jail. Another man was charged with setting 9 fires within a week of his release.

Citizens and law enforcement groups are understandably frustrated by the increased number of lawbreakers walking free in the name of risk reduction. Many people feel that the government is reducing the risk to criminals while increasing risk to law-abiding citizens.

A Preview Of Bail Reform

If there is a silver lining to the COVID-19 cloud, it may be in the opportunity for Californians to get a preview of life under bail reform. In August of 2018, Senate Bill 10, the Senate Bill on Cash Bail Reform, passed the State Senate and was signed into law by Governor Jerry Brown. The resistance to this bill was so swift and so strong that a veto referendum easily gathered enough votes to place the bill on the ballot for the November 2020 election, allowing the voters of California to decide on bail reform.

Among the concerns of law enforcement and California citizens are the cases of child abusers being arrested and immediately released, as the list of crimes requiring bail inexplicably does not include child abuse. Other criminals have been arrested multiple times in a single day when no bail is required and the criminals are simply cited and released.

Arrested For Violating Stay At Home Orders

As the Stay at Home order has drug on, some Californians have ventured outside their homes to walk along the beach, take a drive, or walk in the park. Many of these individuals have been arrested and fined, simply for being outside their homes for activities that the government has deemed “non-essential.” In April, seven residents of Freemont County were arrested and fined for driving to Santa Cruz and stopping at a convenience store to buy drinks. Also in April, 4 people in Monterey, California, were arrested for gathering together in an apartment to socialize and a man in Malibu was arrested for paddleboarding, alone, during the shelter in place order.

Bail Bond Businesses Essential But Struggling

As the response to COVID-19 continues to depress the economy and cause financial struggles for millions of Americans, bail bond businesses have struggled to remain afloat. Amid a reduced need for their services, bail bond businesses are still considered “essential” and aren’t able to simply hibernate as they wait for the coronavirus to run its course.

Bail bond agents play an important role in their communities, including acting as an interface between family members and those in jail, assisting law enforcement in keeping tabs on defendants, and ensuring that bonded individuals appear for hearings and other court proceedings when the time comes. Some bail bond companies may not survive this time of zero bail. Unable to file for unemployment, and yet unable to maintain a level of income that will sustain the business, many bail bond agents have found themselves looking for alternative employment during the COVID-19 crisis.

Vote No On Bail Reform

As Californians have an opportunity to look at what bail reform would look like in real-time, they can take comfort in the fact that they can vote against it in the upcoming election.

Mr. Nice Guy Bail Bonds agents are committed to their communities and look forward to continuing to work with citizens and law enforcement to improve the quality of life for all Californians. They believe that bail bonds serve the community by requiring accountability from those accused of crimes while not requiring that they remain behind bars until their trial can be completed.

When the time comes to vote on bail reform, vote NO.