A California sheriff who was forced to release a child abuse suspect without cash bail questioned an emergency provision the state implemented to reduce jail crowding during the coronavirus pandemic.
San Bernardino County Sheriff John McMahon was required to release a repeat felony child abuser who was suspected of another case of child abuse because the crime was not included in a list of exceptions to a zero-cash bail policy implemented in the state. Only 13 violent crimes were listed as exclusions to the policy.
“I just don’t think it’s good government, and it’s not safe to force the release of people on zero bail. The people that we have in jail, for the most part, are felons,” McMahon told Fox 11 on Tuesday.
He continued, “We’ve already started releasing those fresh arrests that weren’t in the list of 13. The first night into Tuesday morning, there were 6 people arrested on felonies and were released on zero bail.”
McMahon expressed disbelief that child abuse was not considered a crime worthy of charging bail during the pandemic, saying, “Felony child abuse does not fit into that list of 13. So, even though this guy has a prior for domestic violence and a conviction for child abuse, he gets arrested for child abuse again and then gets released on zero bail with a court date in July.”
“That just doesn’t make a lot of sense to me. Maybe I’m missing something, but it doesn’t seem to me that that’s the right thing to do to protect the citizens of our county. If that person is in our custody, we can protect the victim. If he’s not, we can’t,” he said.
McMahon said that the jail in San Bernardino County was nowhere near capacity and had 2,700 empty beds in the facility. He added, “In today’s times, you have to work pretty hard to get into jail, and the folks that are in custody are generally pretty bad folks that are in jail for a reason.”
Of the 13 crimes excluded from the zero-cash policy, domestic violence was included, but child abuse was not. When the California Judicial Council was asked about the disparity, it did not provide a legal justification for the policy.
“I can’t offer any legal interpretation of the new emergency rules, but what I can tell you is that the emergency rule that established the temporary bail schedule was put in place as a way to balance public safety with public health,” said a spokesman for the council. “I can add that in cases where there is a concern for safety, we know many courts are working closely with local justice system partners in making release decisions.”
McMahon called the policy frustrating, adding, “You will go to jail if you spit on your spouse, but if you give your child a black eye, you’re free to go.”
The zero-cash bail policy was one of 11 policies implemented by the California Judicial Council in early April in response to the coronavirus pandemic. Several other states have issued an early release for nonviolent inmates because of coronavirus outbreaks in jails, including New York and Pennsylvania.
