University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Reviving the Carefully Limited Exception: From Jail to GPS Bail"
Date 2013
Author Alexis Causey
External Link
Abstract California's prisons are grossly overcrowded, violating the United States Constitution.' To solve this problem, the California Legislature passed the Public Safety Realignment Act, Assembly Bill 109. The Act aims to decrease prison populations by sending non-violent, non-serious, and non-sex offenders from state prisons to local counties. However, county jails are also overcrowded and capacities continue to be strained in the wake of Realignment. Over two-thirds of the daily county jail population has not been sentenced for any crime. Indigent pretrial detainees who are otherwise eligible for money bail release are forced to stay in custody because they cannot afford the cost of bail.
To remedy the inequities in our bail system and the state's increasing jail populations, California counties should implement electronic GPS monitoring for pretrial detainees facing non-violent, non-serious, and non-sex related charges. By placing these defendants on electronic GPS monitoring, courts will have assurances of attendance at hearings and trials without relying on county resources for incarceration. Because only low-level offenders would be eligible for pretrial electronic GPS monitoring, public safety would not be at risk. Further, offenders will be able to continue working, attending school, and managing their daily life, which will serve to minimize the negative effects of incarceration on the individuals, their families, and their communities.
Source Faulkner L. Rev.
Citation 5 Faulkner L. Rev. 59-114

This Resource Relates To
case Plata v. Brown (PC-CA-0018)

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