Is California’s Money Bail System About to End?

Is California’s Money Bail System About to End?

California’s money bail system, which allows people to pay money to get out of jail before trial, has been controversial for a long time. Critics say it unfairly keeps poor people locked up if they can’t afford bail. But now, after years of debate and legal fights, California may finally be on the verge of ending money bail completely.

How Bail Works Now

Here’s a quick explanation of how bail works today in California and most states:

• After someone is arrested, a judge sets a bail amount based on the alleged crime.
• To get out of jail, the defendant can either pay the full bail amount upfront or pay a bail bonds company typically 10% of the total bail.
• If they show up for court, the bail money is returned after the case ends. But the bonds company keeps the 10% fee.
• If they miss court, the bail is forfeited and arrest warrants are issued.

This system has been around for decades. But it means poor defendants often stay stuck in jail pretrial if they can’t afford bail, while wealthier people can pay to get out.

California Tried to Reform Bail with SB 10

In 2018, California passed a landmark law called Senate Bill 10 to reform the money bail system. SB 10 essentially eliminated cash bail statewide. Instead, each county would use “risk assessment” tools to decide who to release before trial. However, the bail industry fought back.

The Bail Industry Fought Back

The powerful bail bonds industry didn’t like SB 10. They quickly organized a statewide referendum to overturn the law before it took effect. This referendum, known as Proposition 25, gave voters a chance to approve or reject the SB 10 reforms.

The “No on Prop 25” campaign argued the new risk assessment tools could be biased against minorities. They said SB 10 took away judicial discretion over bail. Their message resonated with many voters. In November 2020, Prop 25 unexpectedly failed at the polls. Almost 57% of voters rejected SB 10 and chose to keep money bail.

Back to the Drawing Board

The failure of Prop 25 was a big setback for bail reform in California. It meant the state went back to the old cash bail system. But reformers have continued the fight to end money bail through new legislation and lawsuits.

New Reform Bills Stalled

In 2021 and 2022, California lawmakers introduced several new bills to restrict or regulate money bail:

• AB 1540 would have capped bail at $0 for misdemeanors and low-level felonies.
• AB 177 would have limited the bail industry’s profits and fees.
• SB 262 would have required courts to consider a defendant’s ability to pay bail.

However, none of these latest reform bills made much progress in the legislature. The bail industry lobbied hard against them. Groups like the ACLU and public defenders argued the bills didn’t go far enough. With opposition from both sides, the bills all stalled in committee. Bail reform looked stalled once again.

Lawsuits Challenge the Bail System

With legislation at a standstill, opponents turned to the courts to challenge California’s bail system. There are currently two major federal lawsuits trying to force changes to bail practices in California:

Humphrey Case Targets Bail Policies

In In re Humphrey, the ACLU sued on behalf of Kenneth Humphrey, a retired shipyard worker who couldn’t afford $600,000 bail on robbery charges. After a year in jail awaiting trial, a judge finally reduced Humphrey’s bail to $0. The ACLU argued it was unconstitutional to jail someone solely due to poverty. In January 2021, the California Supreme Court agreed. They ruled judges must consider a defendant’s ability to pay bail.

Buffin Case Challenges Bail Entirely

A more expansive lawsuit is Buffin v. City and County of San Francisco. Filed in 2019 by Civil Rights Corps, it alleges that requiring bail for pretrial release violates due process and equal protection. In January 2022, a federal judge agreed. He ruled the “wealth based detention” caused by money bail is unconstitutional. However, he put the ruling on hold to allow legislators time to pass reforms.

California Finally Passes SB 262

Facing mounting lawsuits and pressure for change, legislators finally passed a significant bail reform bill in August 2022. SB 262 requires judges to consider a defendant’s ability to pay bail and restricts bail amounts to what people can afford for most misdemeanors. Reform advocates welcomed it as an important first step. The bill was signed into law by Gov. Newsom in September 2022.

What SB 262 Does

Here are some key provisions of SB 262:

• Judges must consider a defendant’s ability to pay bail and set an amount they can afford.
• Bail is capped at $0 for many low-level misdemeanors.
• Bail can’t be imposed solely to prevent pretrial release.
• Minors must be released within 6 hours with few exceptions.

However, the bill faced criticism too. Public defenders said it still allows excessive bail amounts in some cases. Bail companies argued it takes discretion away from judges.

What’s Next for Bail Reform?

The passage of SB 262 was an important step, but the fight over bail in California isn’t over:

• Courts will monitor how judges implement SB 262’s rules on affordable bail.
• The ACLU and Civil Rights Corps will continue their lawsuits challenging the bail system.
• Some lawmakers plan to introduce new bills to restrict or eliminate bail.
• Voters may see another ballot initiative on bail in 2024.

California’s money bail system has survived many reform attempts over the years. But between growing political pressure, court rulings, and bills like SB 262, the days of cash bail may finally be numbered in the Golden State.

References

In re Humphrey (2021) – California Supreme Court opinion

Buffin v. City and County of San Francisco (2022) – Federal court order

SB 262 full text – California Legislative Information