The bill to end cash bail in California is headed to Governor Brown. The
bill, SB10 by state Sen. Bob Hertzberg, D-Van Nuys would overhaul a system
in which defendants are released depending on whether they have the money
to post bail. Under the legislation, California would no longer require
people accused of crimes to post bail to go free while awaiting trial.
Revisions to SB10 tell local courts to create their own evaluation system
for deciding who can be safely released while awaiting trial or sentencing.
Ankle monitors or other conditions could be required for a person’s
release; those conditions would have to be nonmonetary. People accused
of nonviolent misdemeanors would be released within 12 hours after being
booked. However there would be exceptions. People with recent serious
or violent felony convictions, multiple failures to appear or allegations
involving domestic violence would not qualify. For all other cases, local
courts would decide how to assess who is at low, moderate or high risk
of re-offending or fleeing when determining whether someone should be
released after an arrest. Lawmakers who voted for the bill said it creates
a system focused on a person’s risk to the community, instead of
their ability to pay bail. Several groups that once stood behind SB10
says the bill will result in more people accused of crimes being detained,
regardless of whether they can pay to get out. If you or a family member
are arrested or charged with a crime, contact The McGuire law Office serving
Santa Cruz County and Santa Clara County.