Those that voted in the 2020 election in California had an interesting choice to make. Given that access to money can make it easier to get out of jail on bail, equity was essentially on the ballot. Golden State voters were allowed to decide whether to outright replace the existing bail bond system. And the proposed solution was something a little more equitable.
A Debate on Bail Reform in California
The argument, at the time, was that not everyone is inherently privileged with bail-posting means.
Here is the dynamic for those awaiting trial that proponents painted to make their claim about the cash bail system. Those without the means to post bail often languished in jail until their court dates. Meanwhile, their well-heeled counterparts could walk free shortly after being booked. This ability to pay, as arguments posed, was an inherently unfair and unbalanced system.
The discourse at the time was heated. But many would-be voters signaled that they inherently saw the potential in the proposition. Generally speaking, people believed a California bail reform bill could make quality of life improvement in their home state.
This created the perfect breeding ground for the sentiment that bail shouldn’t be tied to someone’s finances. As a result, the California cash bail law (also known as no cash bail or SB 262) was rolled out across the state.
Then something heinous happened that thew bail reform in California off kilter.
A repeat offender by the name of Troy Davis was released under California’s no cash bail law. This release essentially threw the entire practice on hold. Read on and you’ll see why.
Davis had been charged with committing a rape and murder after being released on zero bail. He then proceeded to set the scene of the crime – the victim’s house – on fire. This not only was an attempt at covering his crime but actually killed her dogs, too.
Following that grizzly murder, people came out in opposition to the zero money bail law. Many pointed to the fact that Davis was released under it as evidence of its inherent flaws. Some felt that bail reforms had gone too far. These individuals sided with criminals and other repeat offenders over the needs of the community.
Justice reform, it would seem, was not an open and shut case.
What is No Cash Bail?
For those wondering why the California bail reform act was paused, a history lesson is needed. We have to go back to how California adopted no cash bail in the first place.
No cash bail first started as an emergency rule implemented by California’s Judicial Council in April of 2020. Because of the COVID-19 pandemic, jails were finding it difficult to house and take care of inmates. As a result, a zero bail rule made sense at the time.
However, months later, defendants were set free in droves. This led to an uptick in crime across the state as police struggled to keep up during the pandemic. By November 2020, Proposition 25 was laid out.
This proposition was a statewide ballot initiative intended to rescind the rule. Eventually, the proposition made its way to the ballot in the general election. Voters approved the initiative, leading to an amendment of SB 262, or the “no cash bail law.”
As for what no cash bail means in California today, that’s an ongoing process. While California counties are prohibited from operating zero bail policies, there’s hope for a way forward. Some believe that certain guidelines can be added to existing laws as a means of balancing the scales.
Problems With Bail Reform
Since the California bail reform act has been paused, bail processes operate today much like it did in previous years. However, some counties, like Los Angeles County, are proceeding with bail reform regardless. More recently than the L.A. County decision, the state supreme court voted to affirm bail regulation. It would seem the issue didn’t simply rise and fall around the time of the pandemic.
Critics of the California no cash bail bill pointed to technology as a problem, not a solution. Specifically, they pointed to the a proposed risk assessment system that is rife with potential problems.
In fact, this new AI layer could be even more problematic than the initially proposed reform. Why? It could actually code institutional biases directly into the bail system. And you can imagine what an impact that would have on any future proposed California bail reform bill.
Indeed, those who originally sponsored the California no-money bail law have since done a 180. They now actively fight the law that they once supported. Instead of public safety, the discussion seems to be shifting to one of civil rights, with new bail reform leading the way. Instead of losing bail rights completely, access to funds remains the best way to walk free after a booking.
The Future of Bail Bonds in California
So, what is the path forward for the California Bail Reform Act? Unless you believe in reading tea leaves, the future is quite unclear. As you can imagine, bail reform in California isn’t a flash in the pan topic. It’s a deeply-seeded issue that’s front and center in the minds of many, many voters statewide.
Most people see bail reform in California as worse than the existing system. And many say that what is currently being proposed need to change to even be considered. Sure, money-based bail law can be problematic at times. But any solution should not introduce more problems than the existing system.
Some may think that cash bail is on the way out, but then why was the California bail reform act paused? Is it a dying concept or did the state just need a breather? As for what bail may look like in the future, we’ll just have to wait and see.
For now, it’s business as usual for law enforcement and the justice system in the Golden State.
If you need help fulfilling a bond payment, get professional bail help within minutes from My Bail Hotline. Our locations throughout California can help you or a loved one obtain freedom this holiday season. Contact us today!
