91 abide by due process principles and defendants shall be able to pursue judicial remedies 330 when they believe the imposition of such measures affects their basic rights. 231. Noncompliance with alternative measures may be subject to a sanction but shall not automatically justify subjecting someone to pretrial detention. The replacement of alternative measures by pretrial detention shall require specific 331 motivation. In any event, people accused of breaching a precautionary measure must be given the opportunity to be heard and to present evidence and arguments to explain or justify that noncompliance. 232. In practice, release on bail as a way to ensure appearance at trial can be discriminatory when bail is not accessible to people by reason of economic vulnerability or to people who are unable to meet other conditions, such as proving their roots in the community (which is usually done by showing the existence of a stable job, owned property, formal family ties, etc.). In fact, these “roots in the community” are difficult to prove by large sectors, or even a majority, of the populations of OAS 332 member States, particularly economically underprivileged groups and groups that have historically faced discrimination. To a large extent, this problem often arises when those community roots are interpreted on a uniform basis in different cases, instead of with consideration for the specific possibilities of the accused. 233. For example, according to a study carried out by Human Rights Watch (HRW), thousands of people are in pretrial detention in New York City because they are unable to make bail. The study found that of the total number of people arrested in 2008 for nonfelony charges with bail set at US$1,000 or less, 87% (16,649) were kept in custody because they were unable to pay the requested amount. According to HRW’s calculations, the city would have saved at least US$42 million if it had not incarcerated those persons. During 2009, New York admitted a total of 98,980 people to its city prisons, of whom slightly more than half (51%) were pretrial detainees unable to make bail. Pretrial detainees on nonfelony charges who were unable to post bail (a total of 333 22,846) accounted for almost a quarter (23%) of the total entries. 330 Similar provisions are found in the United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules), Nos. 3.5 and 3.6. 331 Similarly, see Council of Europe / Committee of Ministers, Recommendation Rec(2006)13 on the use of remand in custody, the conditions in which it takes place, and the provision of safeguards against abuse, adopted September 27, 2006, para. 12. 332 See, for example, UN, Working Group on Arbitrary Detention, Statement upon conclusion of its visit to Brazil (18 to 28 March 2013); UN, Working Group on Arbitrary Detention, Report on Mission to Canada, E/CN.4/2006/7/Add.2, published December 5, 2005, para. 63. This situation was also highlighted by several organizations at the hearing on Use of Pretrial Detention in the Americas, 146th regular period of sessions, organized by Due Process of Law Foundation (DPLF), DeJusticia, Institute of Legal Defense (IDL), and others, November 1, 2012. 333 HRW, The Price of Freedom: Bail and Pretrial Detention on Low Income Nonfelony Defendants in New York City, December 3, 2010, pp. 2, 6, and 21.