SB 10: Reaction to California Bail Reform

Aug 31, 2018, 02:43
SB 10: Reaction to California Bail Reform

The California Money Bail Reform Act, also known as Senate Bill 10, passed in the State Senate with a vote of 26-12, and the General Assembly by 42-31.

California is setting itself apart once again by becoming the first state to eliminate cash bail for suspects awaiting trial. This is enough to power 2 million households and is a tripling of wind energy capacity since California's RPS law took effect in 2002.

Each county will use the council's framework as a basis to set its own procedures for deciding whom to release before trial.

"When it comes to fighting climate change and reducing our reliance on fossil fuels, California won't back down", de León said.

Under Senate Bill 10, California will replace bail with "risk assessments" of individuals and non-monetary conditions of release.

If you're accused of committing a serious crime and have cash, you can post bail, go home and prepare your legal fight.

Advocates of abolishing bail contend that too many defendants remain stuck in custody because they can not afford to bail out, effectively creating unequal justice based on wealth. "Since the criminal justice system operates in discriminatory ways - disproportionately harming communities of color, women, and low-income people - these algorithmic assessments can be unsafe". "I think Californians can feel secure this will improve public safety". Judges may determine a defendant is ineligible for bail, such as in some murder cases where public safety might be at risk.

Jerry Brown on Monday signed into law a bill that is meant to combat what are believed underinsurance issues revealed by 2017 wildfires.

These same arguments have been heard in other states that have undertaken bail reform, notably New Jersey, which all but abolished cash bail previous year.

"Our path to a more just criminal justice system is not complete, but today it made a transformational shift away from valuing private wealth and toward protecting public safety", the law's author, state Sen.

SB 10 authors Hertzberg and Assemblyman Rob Bonta, D-Alameda, negotiated for nearly a year with the reform groups and lobbyists for the bail industry, alongside Cantil-Sakauye and judges on her Pretrial Detention Reform Work Group. The new law grants broad discretion to judges to hold or release defendants. The Essie Justice Group is comprised of women with incarcerated partners or family members.

The ACLU raised concerns that the law doesn't sufficiently address racial bias in pretrial decision making.

"This is a bill that has confused a lot of people because it does do something very positive, which is to end the bail industry", she said.