Title: Establishes New Provisions for the Criminal Justice System
Signed by Governor Jerry Brown, Jr.
Title: Establishes New Provisions for the Criminal Justice System
Vote to concur with House amendments and to pass a bill that establishes new provisions for the criminal justice system.
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.
Title: Establishes New Provisions for the Criminal Justice System
Vote to pass with amendment a bill that establishes new provisions for the criminal justice system.
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.
Title: Establishes New Provisions for the Criminal Justice System
Title: Establishes New Provisions for the Criminal Justice System
Vote to pass a bill that establishes new provisions for the criminal justice system.
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).
Title: Establishes New Provisions for the Criminal Justice System