Governor Jerry Brown signed a bill Tuesday that dramatically revamps the bail system for criminal offenders. Effective October 1, 2019, SB 10 will eliminate the money bail system in California and replace it with a system that assesses each person’s individual public safety or flight risk. Managing editor Tami Roleff has more information about the bail reform bill…
The Bail Reform Bill will replace money bail with “risk assessments” which will evaluate defendants on the likelihood they will return for their court hearing and risk of re-offending. Assemblyman Rob Bonta, the bill’s co-author, said California’s current bail system punishes low-income people and lets the wealthy buy their freedom.
“Right now we have a fundamentally broken unsafe unfair unjust system that punishes poor people for being poor, in which the jailhouse doors open and close based on how much money you have in your pocket. It judges people and gives them liberty based on the size of their wallet, not the size of their risk. It’s basically freedom and liberty are pay to play.”
Each county in California sets the amount for bail, which can vary widely from county to county. In San Bernardino County, bail for most felonies is $50,000 (although some are $25,000). Offenders are required to either post the entire amount up front, or they can have a bond company pay the bail for a 10 percent, non-refundable fee. Those who can’t afford bail or the fee for a bail bond must remain in jail up to an additional 48 hours, or longer, before they are formally charged and arraigned.
A person whose risk to public safety and risk of failure to appear is determined to be “low” would be released with the least restrictive non-monetary conditions possible. “Medium-risk” individuals could be released or held depending on local standards. “High-risk” individuals would remain in custody until their arraignment, as would anyone who has committed certain sex crimes or violent felonies; is arrested for driving under the influence for the third time in less than 10 years; is already under supervision by the courts; or has violated any conditions of pretrial release in the previous five years.
But not everyone supports the bill. A delegation of criminal justice reform advocates sent a letter to Brown, urging him to veto the bill, arguing that the bill “sets up a system that allows judges nearly unlimited discretion to order people accused of crimes, but not convicted and presumptively innocent, to be held in jail with no recourse until their case is resolved.”
https://a18.asmdc.org/press-releases/20180828-governor-signs-bill-eliminating-money-bail-california
