San José Police Department
Report Regarding the Pretrial
Release Process
City of San José Public Safety, Finance, and Strategic Support Committee and County of Santa Clara Public Safety and Justice Committee Meeting September 8, 2022
Item 2(c)
Presented by Assistant Chief of Police Paul Joseph
Roles in the Criminal Justice System
Prevent
Crime
Respond to
Calls for
Service
Investigate
Crimes
Arrest
Subjects
Assist with
Prosecution
San José Police Department 2
Arrest Outcomes
Booking
Citation and
Release
Release
Alternative
Dispositions
San José Police Department 3
Booking Process
Transport
•Officer Prepares Medical
Screening Form
•Officer Prepares Pre-Booking
Form
•Officer Prepares Affidavit of
Probable Cause
Intake
•Officer Provides the Medical
Screening Form
•Officer Provides the PreBooking Form
Pretrial Services
•Officer Provides the Affidavit
of Probable Cause
San José Police Department 4
Opportunities for Impact
PC 1275 – Request for Source of Bail
PC 1269 – Request for Increased Bail
Affidavit of Probable Cause
San José Police Department 5
Efforts Toward Alternatives
CIT Training
MCAT / PERT
Service
Providers
Mission
Street
Recovery
Station
Outreach
Efforts
San José Police Department 6
San José Police Department 7
Admission
Instability Due
to Drugs,
Alcohol, or
Mental Illness
Voluntary
Cooperative
Does Not
Meet 5150
W&I Criteria
Spaces
Available
No Active
Warrants
No Other
Pending
Charges
No Prior
Sexual
Offense or
Arson
Homelessness
San José Police Department 8
Learning Points
• How can we do a better job of communicating the need for keeping a subject in custody?
• Under what circumstances is an arrestee released on their own recognizance? Who makes that decision? What factors are taken into consideration?
• What is the impact of the Humphrey decision?
• What options and resources are available to law enforcement to deal with a non-violent offender whose conduct is repeated and problematic? • How can law enforcement better assist persons who do not meet the criteria for 5150 W&I, suffer from mental illness, are chronic substance abusers, and refuse services?
San José Police Department 9