CALIFORNIA BAIL REFORM 2018

The current cash bail system imprisons tens of thousands of people each year before they are convicted of any crime because they cannot afford to get out of jail. It punishes people just for being poor. There also is a racially discriminatory impact: African-American men are less likely to be released on their own recognizance and their bail amounts are 35 percent higher than for white men. In January, in In re Humphrey, the California Court of Appeal declared the California bail system unconstitutional. It held that “if the court concludes that an amount of bail the defendant is unable to pay is required to ensure his or her future court appearances, it may impose that amount only upon a determination by clear and convincing evidence that no less restrictive alternative will satisfy that purpose.” The court concluded by declaring that “legislation is desperately needed.” SB 10, which has passed the California Senate and is awaiting action in the Assembly, would do that. If enacted, the law would require that a court in each case evaluate whether a defendant can be safely released while awaiting trial and if so, what conditions should be set to best ensure that he or she will appear in court. SB 10 also would require the availability of pretrial services.