County Standardizing ‘Own Recognizance’ Releases

In an effort to tackle disparities for defendants in North and South County, a group of Santa Barbara officials have been meeting regularly to standardize the way defendants are released on their own recognizance (OR), or without bail.

People involved in the justice system talk privately about the supposition that South County defendants are much more likely to be let out of jail for free than their North County counterparts. Many reasons for this anecdotal discrepancy exist. For starters, two cases with similar charges ​— ​one in the south, the other in the north ​— ​are never identical. The defendants have their own set of circumstances, including criminal histories and living situations, both factors that come into play when authorities with Pre-Trial Services determine who is released and who isn’t.

That makes it difficult to compare “apples to apples,” explained Tanja Heitman, deputy chief probation officer. Moreover, crime in North County tends to be more serious; South County has many petty offenses committed by tourists and university students. Mag Nicola, chief deputy district attorney overseeing North County, asserted, “Defendants who are similarly situated receive the same treatment.” But there is a certain amount of subjectivity involved: Others spoke about longstanding cultural differences in the north and south parts of the county.