Understanding the Rise of Supervised Own Recognizance (SOR) Pretrial Release Decisions in San Diego County

• In Event: Bail & Pretrial Justice Developments in Southern California

Abstract

San Diego County has seen a significant rise in the use of Supervised Own Recognizance (SOR) as a release decision in the pretrial stage. This is likely as a response to the 2021 California Supreme Court case In re Humphrey, which encouraged courts to set non-financial conditions rather than money bail in cases where non-financial conditions could reasonably assure victim and public safety and ensure appearance in court. Using data from the San Diego Public Defender’s Office and court observations conducted in San Diego Central Courthouse, the current study examines the conditions and factors which influence a defendant’s likelihood of receiving SOR compared to own recognizance (OR) or money bail. It also explores the potential pitfalls/consequences of using SOR as the primary release decision.

Author

• Emma Bailey, San Diego State University