Signed by Governor Jerry Brown, Jr.

Vote Smart's Synopsis:

Vote to concur with House amendments and to pass a bill that establishes new provisions for the criminal justice system.

Highlights:

• Specifies that an individual arrested for a misdemeanor may be booked and released without being taken into custody, or if taken into custody, be released without a risk assessment within 12 hours of booking (Sec. 4).

• Requires an individual taken into custody to have their preventative detention hearing no later than 3 court days after the motion in filed (Sec. 4).

• Requires the Department of Corrections to conduct a pretrial risk assessment of individuals before they are released without bail (Sec. 4).

• Prohibits defendants charged with public offenses and deemed a high risk from being released from custody with money bail (Sec. 4).

• Authorizes the individual or entity in charge of a jail to approve and sign a pretrial release order without the collection of money bail (Sec. 4).

• Defines “Pretrial risk assessment” as an assessment designed to provide information on the risk of an individual’s failure to appear in court or risk to the public’s safety (Sec. 4).

• Prohibits defendants in violent felony cases from being released from jail before seeing a judge or magistrate (Sec. 4).

• Appropriates funds from the state legislature’s annual Budget Act by the Judicial Council to local courts for the following services, including, but not limited to (Sec. 4):

• Pretrial Risk Assessment Services; or

• Pretrial Probation Supervision Services.

• Establishes that if no pretrial report is available for an individual, they are to be released without bail under the terms of a pretrial release agreement (Sec. 4).

• Defines that a “release agreement” will include the following information (Sec. 4):

• A promise to appear at all court ordered times and places;

• A promise not to depart the state of California without the court’s permission;

• An agreement to waive extradition if the individual fails to appear as required; and

• An agreement to obey all laws and orders by the court.

• Authorizes judges and magistrates to set money bail for individuals whom they believe are not likely to appear in court as required (Sec. 4).

• Prohibits judges from setting bail that results in detention due to an individual’s inability to pay bail (Sec. 4).

• Authorizes prosecuting attorneys to file a motion for pretrial detention if (Sec. 4):

• The defendant is charged with a capital crime;

• The defendant is charged with a violent felony;

• Any relevant history corresponds to a likely result of bodily harm to others; or

• There is no set of conditions that would reasonably assure the safety of a threatened individual.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendment a bill that establishes new provisions for the criminal justice system.

Highlights:

• Specifies that an individual arrested for a misdemeanor may be booked and released without being taken into custody, or if taken into custody, be released without a risk assessment within 12 hours of booking (Sec. 4).

• Requires an individual taken into custody to have their preventative detention hearing no later than 3 court days after the motion in filed (Sec. 4).

• Requires the Department of Corrections to conduct a pretrial risk assessment of individuals before they are released without bail (Sec. 4).

• Prohibits defendants charged with public offenses and deemed a high risk from being released from custody with money bail (Sec. 4).

• Authorizes the individual or entity in charge of a jail to approve and sign a pretrial release order without the collection of money bail (Sec. 4).

• Defines “Pretrial risk assessment” as an assessment designed to provide information on the risk of an individual’s failure to appear in court or risk to the public’s safety (Sec. 4).

• Prohibits defendants in violent felony cases from being released from jail before seeing a judge or magistrate (Sec. 4).

• Appropriates funds from the state legislature’s annual Budget Act by the Judicial Council to local courts for the following services, including, but not limited to (Sec. 4):

• Pretrial Risk Assessment Services; or

• Pretrial Probation Supervision Services.

• Establishes that if no pretrial report is available for an individual, they are to be released without bail under the terms of a pretrial release agreement (Sec. 4).

• Defines that a “release agreement” will include the following information (Sec. 4):

• A promise to appear at all court ordered times and places;

• A promise not to depart the state of California without the court’s permission;

• An agreement to waive extradition if the individual fails to appear as required; and

• An agreement to obey all laws and orders by the court.

• Authorizes judges and magistrates to set money bail for individuals whom they believe are not likely to appear in court as required (Sec. 4).

• Prohibits judges from setting bail that results in detention due to an individual’s inability to pay bail (Sec. 4).

• Authorizes prosecuting attorneys to file a motion for pretrial detention if (Sec. 4):

• The defendant is charged with a capital crime;

• The defendant is charged with a violent felony;

• Any relevant history corresponds to a likely result of bodily harm to others; or

• There is no set of conditions that would reasonably assure the safety of a threatened individual.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes new provisions for the criminal justice system.

Highlights:

• Requires all defendants arrested before the Wednesday of a given week to be seen before a judge by the Friday of that same week (Sec. 4).

• Prohibits defendants charged with public offenses from being released from custody with money bail (Sec. 6).

• Authorizes the individual or entity in charge of a jail to approve and sign a pretrial release order without the collection of money bail (Sec. 8).

• Requires the Department of Corrections to conduct a risk assessment of individuals before they are released without bail (Sec. 8).

• Prohibits defendants in violent felony cases from being released from jail before seeing a judge or magistrate (Sec. 8).

• Establishes that if no pretrial report is available for an individual, they are to be released without bail under the terms of a pretrial agreement (Sec. 8).

• Authorizes judges and magistrates to set money bail for individuals whom they believe are not likely to appear in court as required (Sec. 8).

• Prohibits judges from setting bail that results in detention due to an individual’s inability to pay bail (Sec. 14).

• Authorizes prosecuting attorneys to file a motion for pretrial detention if (Sec. 16):

• The defendant is charged with a capital crime;

• The defendant is charged with a violent felony;

• Any relevant history corresponds to a likely result of bodily harm to others or;

• There is no set of conditions that would reasonably assure the safety of a threatened individual.

• Prohibits money paid for monetary bail from being obtained feloniously (Sec. 18).

• Requires each county to establish a pretrial services agency (Sec. 27).

• Prohibits pretrial risk assessments from factoring prior criminal history, race, national origin, immigration status, gender, religion, or sexual orientation into their reports (Sec. 29).

Full Bill Text