Bay Area Pretrial Detention & Bail Intelligence
Detention rates, bail amounts, release patterns, and reform impacts across all 9 Bay Area counties.
Avg Detention Rate (2023)
Median Bail (2023)
OR Release Rate (2023)
71.7% of the Bay Area jail population is being held pretrial — before any conviction
That means thousands of people who are presumed innocent under the law are incarcerated simply because they cannot afford bail. The Constitution guarantees the presumption of innocence, but our bail system turns pretrial freedom into a function of wealth.
Bay Area at a Glance
71.7%
Avg Detention Rate (2023)
$49,200
Median Bail (2023)
30.8%
Avg OR Release Rate (2023)
12,535
Total Daily Jail Pop (2023)
80.9%
Avg Occupancy Rate (2023)
14.6%
Avg FTA Rate (2023)
Key Insights
Wealth-Based Detention
Median bail amounts range from $30,000 (San Francisco) to $60,000 (Santa Clara) (2023) — showing how wealth determines freedom.
OR Release Disparity
Own-recognizance release rates range from 21.3% (Solano) to 42.8% (San Francisco) across counties (2023).
Jail Overcrowding
5 counties operating above 80% capacity (2023). Solano is at 94.8%.
Reform Impact
All 9 Bay Area counties use pretrial assessment tools, with an average FTA rate of 14.3% (2023). San Francisco, with the most aggressive reforms, has the lowest detention rate (62.5%).
County Detention & Bail Overview
Calendar year 2023 data for all 9 Bay Area counties
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| County | Avg Daily Jail Pop | Capacity | Occupancy % | Pretrial Detention Rate | Median Bail | OR Release Rate | FTA Rate |
|---|---|---|---|---|---|---|---|
| Solano | 1,060 | 1,118 | 94.8% | 77.6% | $50,000 | 21.3% | 17.2% |
| Contra Costa | 1,840 | 2,142 | 85.9% | 76.3% | $55,000 | 24.1% | 15.6% |
| Santa Clara | 3,420 | 4,098 | 83.5% | 72.4% | $60,000 | 30.2% | 13.8% |
| Sonoma | 920 | 1,094 | 84.1% | 71.5% | $40,000 | 28.4% | 14.5% |
| Alameda | 2,680 | 3,300 | 81.2% | 70.8% | $45,000 | 34.5% | 14.2% |
| San Mateo | 980 | 1,232 | 79.5% | 69.8% | $50,000 | 31.5% | 12.4% |
| Napa | 210 | 276 | 76.1% | 68.6% | $35,000 | 32.8% | 12.8% |
| Marin | 245 | 380 | 64.5% | 67.3% | $35,000 | 36.2% | 11.2% |
| San Francisco | 1,180 | 1,850 | 63.8% | 62.5% | $30,000 | 42.8% | 16.8% |
How Are People Released?
Breakdown of pretrial release types by county
The Cost of Freedom
When average bail is significantly higher than median, it indicates a small number of very high bail amounts pulling the average up.
Santa Clara
OR: 30.2%Gap: +$52,500 (88% above median)
Contra Costa
OR: 24.1%Gap: +$50,000 (91% above median)
San Mateo
OR: 31.5%Gap: +$48,000 (96% above median)
Solano
OR: 21.3%Gap: +$45,000 (90% above median)
Alameda
OR: 34.5%Gap: +$50,000 (111% above median)
Sonoma
OR: 28.4%Gap: +$45,000 (113% above median)
Marin
OR: 36.2%Gap: +$43,000 (123% above median)
Napa
OR: 32.8%Gap: +$40,000 (114% above median)
San Francisco
OR: 42.8%Gap: +$42,500 (142% above median)
5-Year Trends (2019–2023)
How pretrial detention rates, bail amounts, and OR release rates have changed across the Bay Area
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| Year | Pretrial Rate | Median Bail | OR Rate | FTA Rate | Context | |||
|---|---|---|---|---|---|---|---|---|
| 2019 | 73.2% | $42,000 | 25.8% | 12.4% | Pre-COVID baseline | |||
| 2020 | 65.1% | $38,000 | 38.2% | 18.5% | COVID zero-bail orders | |||
| 2021 | 68.4% | $40,000 | 34.6% | 16.2% | Humphrey decision | |||
| 2022 | 69.8% | $43,000 | 32.1% | 14.8% | Post-COVID normalization | |||
| 2023 | 70.7% | $45,000 | 31.3% | 14.3% | Reform stabilization |
Pretrial Reform in California
Key legislation, court decisions, and programs shaping pretrial practice
SB 10 / Proposition 25
2018 / 2020
SB 10 sought to eliminate cash bail in California, replacing it with risk assessments. Voters rejected Proposition 25 in 2020, preserving the bail system. However, the legislation sparked significant debate about pretrial reform.
In re Humphrey
2021
The California Supreme Court ruled that courts cannot set unaffordable bail. Judges must consider a defendant's ability to pay and cannot detain someone solely because they cannot afford bail. This landmark decision has led to increases in OR releases statewide.
Pretrial Assessment Programs
Ongoing
All 9 Bay Area counties use pretrial risk assessment tools. The most common is the Public Safety Assessment (PSA), which generates FTA and new criminal activity scores to help judges make release decisions.
Impact on OR Release Rates
2019 \u2192 2023
Bay Area OR release rates rose from 25.8% in 2019 to 31.3% in 2023 — a 5.5 percentage point increase. The Humphrey decision and local pretrial services programs are the primary drivers.
Methodology & Sources
Data from Calendar Year 2023. Last updated: 2025-06.
Jail profile survey data including daily population and capacity
Analysis of pretrial detention and bail trends
Judicial Council pretrial reform data
California DOJ open justice data portal