Zero Bail - An Open-Ended Conclusion to the June 2020 Expiration & Extension

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The timeline:

2018 -  California lawmakers voted to eliminate California's money-based bail system and replace it with an algorithmic risk assessment system - with a focus on those who can't afford to post bail.  Senate Bill 10, the California Money Bail Reform Act, was signed by Governor Brown, it preserves the rights of the accused, while prioritizing public safety. The new law – will take effect on October 1, 2019.

March 26, 2020 - The Los Angeles County Superior Court adopts its own temporary $0 Bail Schedule

April 2020 - The California Judicial Council adopted a statewide COVID-19 emergency bail schedule, expiring June 20, 2020.

June 10, 2020 - The Judicial Council rescinded the emergency measure as courts restored services. But 31 of 58 California Counties kept the emergency bail schedules

June 19, 2020 - The "$0 Bail" schedule is set to take effect Saturday June 20th at 5 p.m. Los Angeles County Presiding Judge Kevin C. Brazile approved a temporary zero emergency bail schedule for most misdemeanors and "lower-level felonies".

November 3, 2020 - Voters reject a "No Bail" initiative. Proposition 25. The California Cash Bail in Constitution Initiative (#19-0006) was not on the ballot in California.

January 2021 - State Senator Bob Hertzberg (D-Van Nuys) introduces a "no bail" initiative then amends it to remove a zero bail requirement for many less serious offenses Senate Bill 262  would cap the amount of surcharge that a bail bonds person can retain at 5% of the amount paid by the arrestee,  AB 329 in the Assembly, would set bail at $0 for misdemeanors and low-level felonies in California.

August 2021 . Senator Herzberg  changed his bill 262 to instead require judges to determine whether cash bail is necessary to reasonably protect the public.

Bill Status - SB-262 Bail. (ca.gov)

September 2021  Ordered to inactive file on request of Assembly Member Chau.


Hon. Kevin C. Brazile - Superior Court Judge appointed to the bench in 2002 by former governor Gray Davis, a JD graduate from UCL School of Law in 1983.

According to officials, the schedule includes an exception for individuals previously released on $0 bail and who are re-arrested for separate offenses during the state of emergency declared by Gov. Gavin Newsom in March.

"During this state of emergency, it is necessary to assure persons accused of nonviolent Felonies and most misdemeanors are not held in jail pre-trial," Brazile said. "The Court is working with its justice partners to protect the public on all fronts, including slowing the spread of COVID-19 within our jails, courthouses and communities."

"The Court’s temporary $0 Bail Schedule will remain in effect until further notice"

News Release: SUPERIOR COURT OF LOS ANGELES COUNTY APPROVES EMERGENCY $0 BAIL SCHEDULE


Resources

News Releases - News and Media - LA Court

LA County Judge Approves Emergency Zero Bail For Misdemeanors, 'Lower-Level Felonies' - CBS Los Angeles (cbsnews.com)

California Counties Keeping COVID-19 Emergency Bail Schedules | California Courts Newsroom

Judicial Branch Emergency Actions | California Courts Newsroom

felony.pdf (lacourt.org)

Los Angeles County Bar Association Press Releases (lacba.org)

zero-bail-fact-sheet.pdf (lacba.org)

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