Ian’s Legal Fact of the Week 10/1/18: California Reforms Bail System

Earlier this year California became the first state to eliminate cash bail, replacing it with a system based on assessment of a defendant’s risk to public safety. Critics of the cash bail system had long argued that cash bail perpetuates economic inequality. Under The California Money Bail Reform Act, which takes effect in October 2019, the court or a public agency would assess defendants to ascertain the risk of recidivism or pretrial flight before making recommendations for conditions for release. Defendants deemed high risk, including those arrested for violent felonies, would be deemed ineligible for bail. The ACLU has expressed opposition to the Act on the grounds that it does not sufficiently prevent racial bias from affecting the pretrial release process.

 

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