SACRAMENTO >> An ambitious proposal to end bail as we know it will not get a vote in the Legislature’s final weeks, its authors announced Friday, but there is good news for those seeking the reform: It now has the force of Gov. Jerry Brown and Chief Justice Tani Cantil-Sakauy behind it.
The governor and chief justice will craft a plan this fall with the proposal’s co-authors, Sen. Bob Hertzberg, D-Van Nuys, and Assemblyman Rob Bonta, D-Oakland, “to ensure the final plan is pragmatic, workable and enduring,” according to a news release from Hertzberg’s office. It will be taken up early next year.
“I believe that inequities exist in California’s bail system and I look forward to working this fall on ways to reform the system in a cost-effective and fair manner, considering public safety as well as the rights of the accused,” Brown said in a statement.
Hertzberg and Bonta introduced twin resolutions, one in each house, that would replace the traditional bail system with pre-trial assessments to determine if someone is a danger to society or a flight risk. Advocates for the changes say the current system penalizes the poor for being poor, as detainees remain behind bars unless or until they can scrounge up the 10 percent, non-refundable fee — typically, $5,000 — to pay a bail agent.
But the bail industry and its insurance underwriters came out in force against the proposed change, calling it extreme and issuing dire warnings about public safety. The state Assembly voted down Bonta’s bill, AB 42, this past spring, and it was unclear if the new amendments to Hertzberg’s legislation would be enough to sway those on the fence. The bill had been relegated to the Assembly Appropriations Committee’s “suspense file.”
On Monday the hip-hop artist Common gave a free concert in Sacramento and promoted a package of criminal justice reform bills, including changes to the bail system.
“The truth is today, under the cash bail system, if you can write a check, public safety doesn’t matter,” Hertzberg said. “We need a system that prioritizes public safety and restores justice to the pretrial process, regardless of income level.”
The California Bail Agents Association issued a statement applauding the decision to study the matter further. The association acknowledged the system’s inequities, but said that it works to ensure that defendants show up to court.
“We look forward to working with the governor and the Legislature to find a solution that does not put the lives of Californians at risk by allowing criminals back into our communities with no accountability,” it said.
