Unless Senate Bill 10 is vetoed by Governor Jerry Brown, starting on October 1 of next year, California will no longer have a cash bail system. On Tuesday, SB 10, authored by San Fernando Valley Senator Robert Hertzberg, passed the senate. The bill initially garnered strong support from Human Rights Watch (HRW), the American Civil Liberties Union (ACLU), the National Association for the Advancement of Colored People (NAACP), and public defenders. However, following amendments made to the bill on August 20, Human Rights Watch, along with many others, switched their position to strongly oppose the California Bail Reform Act.
Opposition to the bill has not dissuaded State Senator Hannah-Beth Jackson and Santa Barbara District Attorney Joyce Dudley, both strong supporters of bail reform. Before voting on SB 10, Jackson spoke in support of the bill, calling for “justice for all — not for the rich … but for all.” The bail industry hurts working women more than anyone else, added Jackson. “Women take on extraordinary debt to cover the 10 percent nonrefundable fee.” In addition to women, it is the justice system that suffers, Jackson said. “The criminal justice system as we know it today has been an abject failure.”
SB 10 would do away with cash bail and instead introduce a “pretrial risk assessment” to determine whether the person being detained is low, medium, or high risk. Most misdemeanor detainees will be released without the risk assessment. Most who are ranked low and medium risk will be released on their own recognizance, meaning no bail money is paid to the court and no bond is posted. However, the bill hands over ultimate say to the court judge, granting the bench full discretion on whether the individual is a threat to public safety and will likely make his or her court appearances.