Governor Jerry Brown dealt a shakeup to California’s judicial system Tuesday, signing a bill that will put an end to the money bail system, a practice many consider outdated.
Under the new law defendants will be categorized as high, medium or low risk, based on a pretrial assessment. Those who do not impose a flight risk, or threat to the public, will be able freed to await trial.
Supporters said it levels the playing field between rich and poor.
“It’s unfortunate when because of your social economic status you have to sit in jail,” Mark Coleman a criminal defense attorney said.
“It is definitely going to change the way we do things,” Lisa Smittcamp the Fresno County District Attorney said.
Smittcamp agreed the cash bail model is outdated, but said it’s going to take time and resources to put a new system in place. “Because then the question becomes, ‘Who is responsible to conduct the risk assessment?'”
Sheriff Margaret Mims raised the same question, calling the plan an “unfunded mandate.”
“I don’t believe they’re going to be able to hire enough people in time to be able to do the assessment. The other problem is there was no money attached to the bill,” Mims said.
She also said the bill puts the public’s safety at risk. “Because (defendants) are not out on bail, there’s nothing conditional to keep them from re-offending, and again the failure to appear rate, I predict will go up,” Mims said.
The new law will also put bail bond companies out of business. It goes into effect Oct 2019.
