{"id":371728,"date":"2019-04-16T14:11:35","date_gmt":"2019-04-16T19:11:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/bail-reform-and-california-bail-laws.html"},"modified":"2019-04-16T14:59:44","modified_gmt":"2019-04-16T19:59:44","slug":"bail-reform-and-california-bail-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/bail-reform-and-california-bail-laws.html","title":{"rendered":"Bail Reform and California Bail Laws"},"content":{"rendered":"\n
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Bail Reform and California Bail Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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One important and early step in the criminal justice system is the bail process<\/a>. Bail decisions generally take place at a defendant’s first court appearance where the judge can set a cash amount for bail based on several factors. Then, if the defendant can post the bail, they will be released until their trial date.<\/p>\r\n

However, a dramatic change in California bail laws<\/a> (The California Money Bail Reform Act) could forever impact this long-held practice in the state and even around the nation. Read on to learn more about California bail laws and the history of bail reform in the Golden State.<\/p>\r\n

Cash Bail System<\/h2>\r\n

When someone is arrested, they generally have a constitutional right to post bail so that they can be released while awaiting trial. The court keeps the bail as collateral to make sure that the defendant appears. The defendants can either pay the cash themselves or use a bail bonds person to post the amount. Bail bonds agents typically charge fees of 10% of bail amounts, but the amounts vary depending on the county.<\/p>\r\n

Many have criticized this system as archaic and unfair because it isn’t based on public safety and whether the person is a flight risk, but on whether the person can afford the cost of bail. Criminal justice advocacy groups have also taken issue with the predatory nature of the for-profit bail system. These concerns have contributed to calls for bail reform.<\/p>\r\n

History of California Bail Reform<\/h2>\r\n

California, like many other states, has had a history of bail reform efforts<\/a>. These gained traction in 2018 when an appellate court in California held that the state’s bail system was unconstitutional<\/a>. At the same time, legislators — influenced by studies finding fault in cash-based bail systems — were developing laws to overhaul it.<\/p>\r\n

In 2017, the bill that would eventually become The California Money Bail Reform Act<\/a> was originally proposed in the Legislature, where it stalled. It was refashioned the following year. The reworking of the legislation led to significant changes and cost the backing of civil rights advocacy groups like the American Civil Liberties Union (ACLU), but it passed nonetheless.<\/p>\r\n

Governor Jerry Brown signed the bill on August 28, 2018 making California the first state to pass legislation eliminating cash bail (subject to a public referendum on the law in 2020).<\/p>\r\n

Risk Assessment-Based Bail System<\/h2>\r\n

The California Money Bail Reform Act not only eliminates cash bail, but it also establishes an alternative system based on risk assessment and the probability that a defendant will return to court for appearances. The main purpose of the updated California bail law is to narrow the economic gaps in the criminal justice system.<\/p>\r\n

Under the law, those charged with certain nonviolent misdemeanors may be automatically released within twelve hours of booking without requiring a risk assessment. However, others will face a risk assessment based on the specific charges they face, their prior history, safety concerns for victims, and other factors at a judge’s discretion. The risks levels are categorized as follows:<\/p>\r\n