Bail bondsmen in California can’t be too happy about this development:
California will become the first state in the nation to abolish bail for suspects awaiting trial under a sweeping reform bill signed by Gov. Jerry Brown on Tuesday.
An overhaul of the state’s bail system has been in the works for years, and became an inevitability earlier this year when a California appellate court declared the state’s cash bail system unconstitutional. The new law goes into effect in October 2019.
“Today, California reforms its bail system so that rich and poor alike are treated fairly,” Brown said in a statement, moments after signing the California Money Bail Reform Act…
Washington, D.C., already has a cashless bail system. Other states, including New Jersey, have passed laws that reduce their reliance on money bail. And other states are considering making similar changes.
Under the California law those arrested and charged with a crime won’t be putting up money or borrowing it from a bail bond agent to obtain their release. Instead, local courts will decide who to keep in custody and whom to release while they await trial. Those decisions will be based on an algorithm created by the courts in each jurisdiction.
In most nonviolent misdemeanor cases, defendants would be released within 12 hours. In other instances, defendants will be scored on how likely they are to show up for their court date, the seriousness of their crime, and the likelihood of recidivism.
This is not a case of legislation by the judiciary, but it is a case in which legislation was passed as a result of a judicial ruling. Whether California would have passed such a law without the push from the court system is something I don’t know, but at any rate it has happened and the citizens of California will have to deal with it.
It’s not as though the bail system was so great. It did favor people with money, because even though poorer people (or anyone, really) could borrow the money from bail bondsmen, a non-refundable deposit had to be paid up front, and the people most likely to be unable to raise even that were of course the most poverty-stricken.
However, what is going to replace it? A system that gives the courts unprecedented discretion to decide who will remain incarcerated pending trial and who will go free. Are courts really able to forecast “how likely [suspects] are to show up for their court date…and the likelihood of recidivism”? I have grave doubts.
And so does the ACLU:
…[T]he American Civil Liberties Union of California, an original co-sponsor of the bill, pulled its support, arguing that last-minute changes give judges too much discretion in determining under what circumstances people will be released or kept in custody.
“We are concerned that the system that’s being put into place by this bill is too heavily weighted toward detention and does not have sufficient safeguards to ensure that racial justice is provided in the new system,” the ACLU’s Natasha Minsker told NPR…
Did they not think of that before they sponsored the bill?
The ACLU’s concern is that without the bail system, more people will be detained rather than fewer. “Racial justice” is of course an elastic term, particularly when used by the left, but the problem is that people of color commit more crimes and therefore are over-represented in the criminal population no matter how release-before-trial is determined, so what would “racial justice” look like, and can it be implemented without letting violent criminals go free to commit more crimes—crimes whose victims also are highly likely to be other people of color?
It’s one of those “be careful what you wish for” scenarios:
Raj Jayadev, co-founder of advocacy organization Silicon Valley De-Bug, said like the ACLU, his group is a former supporter of the bill. Ultimately, as it is written, he told the Sacramento Bee, the law discriminates against the poor.
“They took our rallying cry of ending money bail and used it against us to further threaten and criminalize and jail our loved ones.”
As for the 7,000 or so bail bondsmen of California, whose industry is now finished, they are on record as planning to sue.
Funny thing, isn’t it, that a law that began with a ruling by judges ends up giving judges far more power than before?