David Ball spoke with Patch about how although San Jose officials say early jail release policies have led to a spike in crime, the data is misleading.

“If they’re not being convicted and the charges are dropped by the district attorney, that’s not a problem with release,” W. David Ball, a law professor at Santa Clara University, told San José Spotlight. “That is a problem with the district attorney.”

Ball said people are often re-arrested for failing to appear not for committing violent crimes or reoffending. Those actions are not typically cause for concern.

“A lot of folks, some who are unhoused, lead really disorderly lives, and that’s why they don’t appear in court. Or they don’t have access to reliable transportation,” he said. Ball added that the investment in interim detox centers isn’t the right approach because individuals can only access them if they have a run in with the criminal justice system. “It suggests to me that once somebody has entered the system that is the gateway to get to treatment. And I don’t think that that is the best way of handling it.”