Race Day Live District attorneys in several Bay Area counties, including San Francisco, are struggling to follow a new state law that requires them to make charging decisions without knowing the race of the suspect.
Many offices are facing issues due to a lack of funding and challenges in using new technology. The law, which started on January 1, requires a “race-blind” process.
This means prosecutors must remove details from police reports that could reveal a suspect’s race before deciding whether to file charges. This can be done using software or by a staff member who is not part of the case.
The goal of the law is to reduce racial bias in the justice system. Historically, people of color have faced tougher punishments, including longer prison sentences.
To prevent bias, prosecutors must remove names, races, locations, and criminal histories before making decisions.
Some counties that already had redaction software adjusted easily. But for others, including San Francisco, the transition has been difficult due to budget issues.
San Francisco District Attorney Brooke Jenkins said they need about $1.4 million per year to follow the law properly, including $200,000 for new software and hiring extra staff. So far, they have not received this funding.
In Alameda County, officials also requested money but were denied. Their case management system is being upgraded to include redaction features, but full implementation remains uncertain due to funding gaps.
Public Defender Brendon Woods criticized these delays, saying they should not be an excuse. However, he also warned that race-blind charging might not fully prevent bias, as prosecutors could still give harsher sentences to people of color.
Under the law, prosecutors must first review redacted reports, then look at the full versions and document any changes in their decisions.
Some cases, like homicide, hate crimes, domestic violence, and sex crimes, are exempt from this process.
Yolo County was the first in California to adopt race-blind charging in 2021. They worked with Harvard University researchers to develop an automated system to remove race-related details from police reports.
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Other counties have since followed, with some using the same software at no cost, while others paid up to $500,000 for different systems.
Counties such as San Joaquin and Contra Costa quickly adopted race-blind charging. San Joaquin County spent $455,000 on a five-year contract with a redaction software provider.
District Attorney Ron Freitas said the law helps prove that cases are decided based on evidence, not race.
Contra Costa County District Attorney Diana Becton said the law helps keep bias in check. Their office implemented the new system without extra costs by working with their software provider. Staff members were also trained to handle the extra workload caused by the new process.
In San Mateo County, the transition was much smoother. Their software already had the redaction feature, and prosecutors quickly adapted to the new method. Within two weeks, it became part of their normal workflow.
Some counties, including Contra Costa, plan to analyze data to see if race-blind charging has reduced disparities in charging decisions.
Others, such as San Francisco, Alameda, Santa Clara, and Yolo, are sharing data with Harvard researchers to study the law’s impact.
Plans include removing references to cultural events, like quinceañeras, that might hint at a suspect’s race.
Researchers and district attorneys hope these steps will help eliminate racial bias in the justice system as much as possible.
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