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Bail allows people accused of a crime to be freed while awaiting trial. Historically, wealthy people benefitted from this system, while low-income defendants spent a long time in pretrial detention because they could not afford to raise the bail money. This disparity led to calls for reform. As a result of this, California made major legislative changes. It introduced Senate Bill 10 (SB10), which aimed to replace cash bail with risk assessments but was repealed by voters. AB 1950 was later introduced. The law limits the length of time a person can be on probation. While AB 1950 does not directly address bail policies, it may impact how bail policies are formed regarding pretrial release.
These new bail laws reshaped California’s approach to pretrial release. They aim to balance public safety and equitable treatment for all defendants while addressing the longstanding disparities in the system. The information below examines this bail reform impact.
The Pre-Reform Bail System in California
The pre-reform bail system required defendants to pay cash bail to be released pretrial. Courts used bail schedules to set fixed amounts based on the alleged crime, often without considering the defendant’s circumstances. People turned to the bail bond industry when they could not afford it. Bail bondsmen charged the accused a non-refundable fee of about 10% of the total bail in exchange for their release. This fee remains unchanged.
Low-income individuals suffered disproportionate harm. Some defendants stayed behind bars, not because they were risky but because they lacked the funds to pay bail. Prolonged detention caused the defendants to lose their jobs and housing, and it hampered their legal defense.
Legal challenges led to reform. In In re Humphrey, the California Supreme Court ruled that judges must consider a defendant’s financial situation, shifting the focus from wealth to public safety. This ruling fueled reforms that challenged traditional bail and reshaped cash bail into a more equitable pretrial process.
The Attempted Overhaul of the California Bail System With SB 10 and the Impact on Probation and Bail Reform
California bail legislation evolved with Senate Bill 10, which aimed to end cash bail and introduce a risk assessment system, marking a significant step in the state's new bail laws. SB 10 required risk assessment tools to assist judges in determining whether a defendant posed a flight risk or a danger to the public, but judicial discretion remained a factor. More pretrial services would assist released individuals, while judges could deny bail to high-risk defendants. On the other hand, offenders with a low or medium risk would be released under no-cost bail conditions, often with supervision.
The plan aimed to lessen pretrial jailing, stop wealth-based jailing, and save taxpayers money spent on detention. Advocates stated the bill was needed to correct systemic inequities, citing In re Humphrey. However, SB 10 faced significant controversy. Some critics pointed out that the risk assessments may not be accurate and that they were likely racially biased. Others worried about too much power given to judges and the risk of dangerous people being released from jail.
Opponents, including the bail bonds industry and some civil rights groups, led a 2020 referendum (Proposition 25), where voters rejected SB 10 by 56%, keeping cash bail in place.
How Assembly Bill 1950 (AB 1950) Reform Impacts California Bail Practices and Probation Sentences
On January 1, 2021, Assembly Bill 1950 took effect, limiting the period of probation for most misdemeanors to one year and for most felonies to a period of two years unless the offense is a violent crime or an offense that has specified terms. This probation reform aimed at decreasing long probation periods and recidivism.
AB 1950 deals with probation, but it may also indirectly impact bail as it will reduce new probation violations, which can lead to re-arrests and new bail hearings. Judges could be more willing to approve pretrial release by shortening sentences, as post-conviction supervision will not be extensive. Moreover, shorter probation periods decrease the risk of technical violations, like failing to show up, which can lead to re-arrests and new bail hearings. If there are fewer violations, there is less burden on the bail system and lower pretrial detention rates.
AB 1950 streamlines probation and is less punitive. It also encourages rehabilitation instead of prolonged supervision. It thus creates a more equitable bail process.
Hybrid Bail System, Reforms, and Challenges After SB 10
Following the repeal of Senate Bill 10 through Proposition 25 in 2020, California’s bail system remains a hybrid model, where cash bail is still in place, but judges must consider a defendant’s ability to pay to reduce wealth-based detention. If someone cannot afford bail, the judge must consider other conditions. A judge could still deny a defendant bail if the defendant is likely to flee or is considered a danger to the community.
California courts are increasingly using risk assessment tools in pretrial decision-making. Counties like Sacramento and San Francisco assess a defendant’s risk of reoffending or not showing up to court with a tool like the Public Safety Assessment (PSA) to go with the bail schedule. Defendants can now be released on their own recognizance (OR) if they are low-risk. Another option is supervised release, which could include conditions like check-ins. Electronic monitoring is still available for most higher-risk cases. Supervised release and electronic monitoring, which were previously available, are now more widely used as alternatives to detention.
However, challenges remain. Limited funding for pretrial services restricts supervision capacity.
The Bail Reform Impact on Different Stakeholders
The bail reform impact creates varied outcomes for different groups. Individuals charged with a crime now have better opportunities to be released before trial under the evolving California bail legislation. However, inconsistent risk assessments can still lead to unequal treatment, affecting their plea.
On the other hand, victims worry offenders will re-offend when they are released, raising safety concerns. As public safety debates rage on, police have more work as they deal with increased caseloads.
The Future of Bail Reform in California
Lawmakers are advancing, so new legislation could be enacted to modify or replace cash bail. Ongoing discussions about the fairness of risk assessment tools and the effectiveness of pretrial services will continue to shape the debate. Future court challenges could address lingering inequities. Robust data collection will be essential in evaluating current practices and informing California of the next steps in this ongoing issue.
Find a Bail Bondsman Near Me
California changed how it handled bail. Cash bail was used regularly but is now less frequent. Currently, the state uses a hybrid assessment system. Though it may help build a fairer pretrial system, the approach still faces common issues like potential bias and limited resources. Ongoing discussions on California bail legislation and the bail reform impact will help develop a fair, efficient, and just system for all, ensuring that new bail laws continue to address equity and public safety.
If you need bail bond services, reach out to 24 Hours Bail Bonds. Talk to us any time, day or night, to work with a bail bondsman who understands California’s justice system and criminal law. Contact us today at 800-930-8999 for professional and reliable bail bond services.