NEW Bill Make Eliminates Monetary Bail in California (SB-10)

On August 28, 2018, Governor Jerry Brown approved Senate Bill No. 10 (SB-10), making California the first state to eliminate monetary bail. [1]

SB-10 will repeal all existing laws regarding bail and would require, commencing October 1, 2019, persons arrested and detained to be subject to a pretrial risk assessment conducted by Pretrial Assessment Services.

“Pretrial Assessment Services” will be an entity, division or program that is assigned the responsibility of assessing the risk level of charged persons and to report the results of the risk determination to the court and make recommendations for conditions of release of the defendant pending adjudication of their criminal matter. Persons will be designated as either: low risk, medium risk, or high risk and their risk classification will determine the pretrial procedure they must undergo to determine whether or not they will be released pending adjudication of their matter.

Under SB-10 persons arrested or detained for a misdemeanor (with certain exceptions) would be booked and released without being required to submit to a risk assessment by Pretrial Assessment Services. Further, those assessed as a “low risk” by the Assessment Services would be released on his or her own recognizance, with certain exceptions.

Penal Code section 1320.10 outlines the persons and circumstances under which Pretrial Assessment Services must not release. For example, Pretrial Services must not release: those assessed as a high risk; persons arrested for an offense listed in Penal Code section 290(d)(2) or (3); persons arrested for misdemeanor offenses under Penal Code section 273.5, Section 243(e)(1), Section 646.9; persons arrested for a felony offense that includes, as an element, physical violence, threat of violence, or the likelihood of great bodily injury; as well as persons with three or more prior warrants for failure to appear within the previous 12 months.

According to SB-10, the prosecutor may file a motion seeking detention of the defendant pending trial under certain circumstances and the defendant is entitled to be represented by counsel at a hearing on this motion. Under this bill there is a presumption that the court will release the defendant on his or her own recognizance at arraignment with the least restrictive nonmonetary conditions that will reasonably assure public safety and the defendant’s return to court.

It is clear that by enacting SB-10 the California Legislature is attempting to expand the number of accused persons that are released on their own recognizance during the pendency of criminal proceedings.

DISCLAIMER:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

 

[1] Visit the following link for the full text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB10

Categories: