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| California Eliminates Bail Effective Oct 1, 2019 http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=16550 |
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| Author: | tsuggs [ Tue 28 Aug 2018 15:54 ] |
| Post subject: | California Eliminates Bail Effective Oct 1, 2019 |
California to become first state to eliminate bail for suspects awaiting trial SACRAMENTO, Calif. -- California will become the first state to eliminate bail for suspects awaiting trial under a bill signed Tuesday by Gov. Jerry Brown. The bill will replace bail with a risk-assessment system, although it's still unclear how the system will work. It will take effect in October 2019. Brown's signature gives the state's Judicial Council broad authority to reshape pretrial detention policies. Each county will use the council's framework as a basis to set its own procedures for deciding whom to release before trial, potentially creating a patchwork system based on where a suspect lives. ➡️@JerryBrownGov Signs Legislation to Revamp California's Bail System, Protect Public Safety: https://t.co/MkgYsL3Nml #SB10 pic.twitter.com/eDJfKPd4Kv — Gov. Brown Press Office (@GovPressOffice) August 28, 2018 Most suspects arrested for nonviolent misdemeanors will be released within 12 hours of being booked under the new law. Those facing serious, violent felonies will not be eligible for pretrial release. The legislation gives officials 24 hours to determine whether other suspects should be released before trial. That time can be extended by 12 hours if necessary. Some criminal justice reform advocates worry defendants will spend weeks in jail while their lawyers try to prove they deserve to be set free. Opponents of the legislation say it gives judges too much power. Some worry dangerous people will go free and won't return for trial. Supporters, including the Judicial Council headed by the state Supreme Court's chief justice, say the change will end the unfair practice of imprisoning people simply because they are poor. Incarceration should instead depend on the risk a defendant poses if they are released, they argue. Other states such as New Jersey and New Mexico have overhauled their bail systems, although neither state has completely eliminated bail. The Judicial Council is the policy-making body for California's courts. It creates rules and procedures to ensure consistency across the state. Report a Typo |
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| Author: | B Williams [ Sat 01 Sep 2018 08:22 ] |
| Post subject: | Re: California Eliminates Bail Effective Oct 1, 2019 |
Well, you called it long ago Tony. Must admit, I thought this wouldn't happen anytime soon.... I was wrong!! I also thought my state wouldn't feel the effects of bail reform anytime soon, Wrong again!! |
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| Author: | tsuggs [ Mon 03 Sep 2018 17:19 ] |
| Post subject: | Re: California Eliminates Bail Effective Oct 1, 2019 |
The California Bail Agents Association is fighting back hard. They along with at least 4 major sureties are trying to place a ballot measure on the 2020 Nov elections to repeal the new law. If they get 380,000 signatures in 90 days, the law will be on hold until the election results. If not, it will take effect Oct 1, 2019. So, many bail agents are confident that if the "voters" are informed about the new law they will vote to repeal it. Also, the ACLU, Equal Justice, Arnold Foundation, Tides Foundation and many other criminal justice reform groups are also against the new law. But here is the problem. They want the bail industry to partner with them to repeal the law. They want us to spend money putting together the ballot measure and media advertising. Sounds great. Wrong. These groups are against the new law because it in their minds give the judges too much say in who gets released and who doesn't. In other words there are still too many restrictions on who will get released from jail. THEY DO NOT WANT "CASH BAIL" AS PART OF THE RELEASE OPTIONS. So, they are not asking to reinstate cash or surety bail as an release option. We will still be out of business. But for now they seem to be on our side but in reality, these want even LESS restrictions on who gets let of of jail FREE. They feel that unless you commit murder, child rape or other serious violent felonies, you should not have to stay in jail. Period! You should be released on your own promise to appear. Even before the ballot measure takes place, the State can amend the law to add more crimes that will allow people to be released on OR. If that happens then, those groups that oppose the current version, will back out of opposing it. Then we will be stuck wasting millions and still be out of business. I should say I will not be putting any of my cash behind the ballot initiative. This train has been coming for years and it is at full speed. I don't think there is any thing we can do to stop it now. You guys in other states better pay a close attention to your own legislators. Right now everyone else thinks California is gone and a done deal. They may want to follow it. |
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| Author: | speezack [ Tue 02 Oct 2018 06:04 ] |
| Post subject: | Re: California Eliminates Bail Effective Oct 1, 2019 |
Virginia bail has discussed this for years.... I remember in 2000, when I first became licensed... it was being discussed... I think the meat of the problem is the amount of the bonds being posted... in recent years... Virginia has slowly reduced the amount of the bonds and now... at least in my area of op... the normal amount is around $3000... I have even seen 3rd. and 4th. offense DUI's, which ordinarily carried a no bond or a fairly high bond (for Virginia); like $10k... going for $2500. or even OR!!! As long as the lower impact charges, like domestic stuff or 1st. offense DUI's or license suspended charges.... low speeding charges are the norm... I don't think bail will go away quite as fast... although the move is certainly still on the table with certain politicians. It's hard to motivate the agenda of doing away with cash bonds, when the bonds are so low and the premium amounts for release are frankly, rather low... If all that is required for release is a halfway solid indemnitor and less than $500... the bonds seem to be ok and most people can come up with these amounts. So........... my take on this scenario is that the bond amounts is the problem... your state... California is absolutely ridiculous... who in the hell sets these amounts??? When I was out in Long Beach, back a few years at the CBA convention... I heard stories about 1,000,000 bonds where the amount collected was less than 1%.... even low bonds... amounts less than $100,000. were being written for 1% or even less... I heard of bonds being posted for nothing up front and then trying to collect after the release... what kind of crap is that... Ethics is out the window in your state... that is my assessment on the problem in not only California but other states that have these high bonds... Bond amounts being set it the clouds is the problem... not that people are "POOR" that is a catch phrase that the politicians are simply using to motivate the masses.... gives them a platform that speaks to their constituents and that is what it is really about... getting their names out there and staying in their political seats by motivating their group. You want to energize the bond industry... get reform in the area of bond amounts and even pre-trial services could benefit from that taking place. I really have nothing in particular against PTS... if done in a manner that was fair and not led by the agenda that usually comes out of that service... unfortunately, PTS seems to exist and is fed by their own agenda which is.... staying in business as yet another government bureaucracy... which as so many agencies do... feeds on itself. |
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| Author: | tsuggs [ Tue 02 Oct 2018 11:29 ] |
| Post subject: | Re: California Eliminates Bail Effective Oct 1, 2019 |
Brother Bill, The amount of the bail was never really the problem. Even states with lower bail amounts, New Mexico, Nebraska, Alaska and Idaho have done away with or will very soon. Some bail agents and even a few legislators offered to lower the bail amounts and establish a California statewide common bail schedule. But many district attorneys fought it. And of course many large and small bail agencies also opposed it. As I have said in the past, I rather write 10 $5,000 bonds than 1 $50,000. Less risk and much more clients to do future business with through referrals. Others prefer the one time large bonds. I guess it makes them look big also. Having said that we did a $450k 2 weeks ago. Full collateral and payment up front. Now not the full 10% as we gave an attorney referral DISCOUNT! I hope the DOI is reading this as it is illegal to give discounts in California, so officially it is a REBATE! Back to the issue of cash bail. This is part of the over all criminal justice reform movement. 1) Giving felons back the right to vote. 2) Reducing many "non violent felonies" to misdemeanors. 3) Eliminating to right of potential employers to ask job applicants about their criminal history. 4) Providing the prison inmates better medical care than U.S. veterans. Eight years of Obama produced more and more "victims" of every kind of group you can imagine. I had a member of my Kiwanis club swear that she had relatives in prison that NEVER even been in court. When I asked for names and locations and an offer to help, she couldn't or rather not give them to me. There are millions like her that spew out such utter nonsense and so many gullible people out that believe this crap. So that is where we are on bail being unfair to the poor. The lie has been repeated so many times that it has become fact. As I warned before, if your state has not start planning to do away with cash bail, they will very soon, especially if you are in a Democratically controlled state. Not that that is the only reason, hey Alaska is so red with Republicans and it ended bail anyway. |
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| Author: | tsuggs [ Tue 02 Oct 2018 11:46 ] |
| Post subject: | Re: California Eliminates Bail Effective Oct 1, 2019 |
Bill and all, So just received this update today. This shows how this state and I am sure others will follow view crime and criminals. https://www.laadda.com/legislature-and- ... drop-dead/ |
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