Some released from lockups over virus have reoffended

When seven sex offenders were released from custody months early by a court commissioner in Orange County in late April, District Attorney Todd A. Spitzer condemned the move, saying the Judicial Council's sweeping orders were being improperly used by judges to give felons a get out of jail free card.

He also asserted the council's orders came at a convenient time when voters are expected to weigh in on the prospect of replacing cash bail with risk assessment models in a referendum on the November ballot.

"This pandemic is an excuse for a social reform agenda," Spitzer said in a phone interview Wednesday. "This was an opportunity that had not been missed."

On April 29, Spitzer warned the public that these sex offenders were likely to commit new crimes.

As of Wednesday, six of them were back in custody after authorities say they broke the terms of their release. One allegedly committed another sex crime within days of walking out of jail.

These cases aren't unique. In just over a month, authorities throughout the state have apprehended dozens of criminals who committed new offenses once released from custody. In some cases, offenders have been arrested and released several times in one day after qualifying for zero bail under Judicial Council orders.

But when it comes to highlighting recidivism rates of offenders who were released early or on zero bail, some defense attorneys and prosecutors are at odds about how much attention should be paid to them.

In a virtual town hall Tuesday, former public defender and founder of the Bail Project, Robin Steinberg, said focusing on the stories of re-arrests during the pandemic take away from the thousands of people who've successfully re-entered society.

"Don't get distracted by the cherry-picking of the bad cases," said Steinberg. "These are exceptions and they obscure the larger story of the human costs of jailing people because they can't pay bail."

In Yolo County, where the DA has worked with the sheriff to reduce the jail population by 50% since the onset of the pandemic, only a handful of the 117 people who have been released have committed new offenses.

DA Jeffery W. Reisig said Wednesday that while he has supported efforts to free up space in jails, he recognizes that the Judicial Council's orders aren't one size fits all. And when offenders find their way back into custody, he believes the public should be made aware of it.

"These are not risk-less policies," Reisig said in a phone interview. "Early releases, whether it's because of the emergency bail schedule or because of early releases due to the pandemic have resulted in new crimes and it has resulted in new victims -- and the public has a right to know that, and they need to know that."

San Francisco Public Defender Manohar P. Raju said the city's recidivism rate was two-thirds lower in the month of April than it was last year. Hundreds of offenders have been released without incident, and arrests have been low, he said.

"What this pandemic has exposed is the fact that most people do not need to be in jail in the first place, and that what is more effective is reinvesting in support services, housing and health care to help people heal and grow, to reduce harm and to keep communities safer," Raju said.

Spitzer argued it's that logic that is helping the Judicial Council "exploit the pandemic as an excuse to empty jails and prisons ... in order to justify such measures as in keeping with protection of the public."

"They're going to use this data to argue that no one jeopardized public safety, and nothing can be further from the truth," Spitzer said.

Judicial Council spokesman Merrill Balassone responded in an emailed statement, "It is not a blanket release order: The emergency bail schedule allows law enforcement to seek increased bail for those who pose a risk to the public. A recent appellate court decision confirms the right and responsibility of local law enforcement to exercise this tool to protect the public. We encourage law enforcement to seek enhancements as appropriate to protect the safety and health of the public and those involved in the justice system."

Balassone added, "We have seen the courts, district attorneys, defense attorneys and law enforcement working together in many counties to effectively balance public health and public safety. Based on the data we've seen from sheriffs, around 92% of people who are released under the $0 temporary bail schedule are not rearrested."