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Key Votes

SB 10 - Establishes New Provisions for the Criminal Justice System - California Key Vote

Timeline

Issues Related to SB 10

Stage Details

Legislation - Signed (Executive) -

Title: Establishes New Provisions for the Criminal Justice System

Legislation - Concurrence Vote Passed (Senate) (26-12) - (Key vote)
See How Your Politicians Voted

Title: Establishes New Provisions for the Criminal Justice System

Vote Result
Yea Votes
Nay Votes
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.

Legislation - Bill Passed With Amendment (House) (42-31) - (Key vote)
See How Your Politicians Voted

Title: Establishes New Provisions for the Criminal Justice System

Vote Result
Yea Votes
Nay Votes
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.

Legislation - Referred to Committee (House) -

Title: Establishes New Provisions for the Criminal Justice System

Legislation - Passage (Senate) (25-11) - (Key vote)
See How Your Politicians Voted

Title: Establishes New Provisions for the Criminal Justice System

Vote Result
Yea Votes
Nay Votes
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).

Legislation - Introduced (Senate) -

Title: Establishes New Provisions for the Criminal Justice System

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