CA. Ends Cash Bail for Some Defendants

The California Supreme Court ruled on March 25 that defendants cannot be held in jail simply because they cannot afford to pay bail. If the defendant can pay bail, but refuses to, said defendant will remain in custody. Likewise if the court decides that the defendant would pose a risk to the victim or public safety if he were released, or if the court decides that the defendant poses a flight risk. This is determined by the defendant’s previous criminal record and history of compliance with court orders.

If the court decides that the defendant poses little to no risk of flight or of harm to others, he may be released. If the court decides that money bail is necessary, it must be set at a level the defendant can afford to pay, unless there is a good reason to detain the defendant. 

When people have the option of being released prior to facing trial, they almost always choose to be released, as remaining in jail carries immense disadvantages. While still imprisoned, defendants may have a harder time putting together a defense. In addition, they are at higher risk of losing a job, a home and custody of children.

Prior to this, the median bail amount in California, which is $50,000, is five times the median bail amount of the rest of the nation.

This change was brought because of the petitioning of Kenneth Humphrey, 66, who was arrested on May 23, 2017. He had been charged with first degree residential robbery and burglary against an elderly victim, inflicting injury on an elder adult, and misdemeanor theft from an elder adult. His bail was set at $600,000, and later $350,000, neither of which he was able to pay. 

Elmer J., the complaining witness, said Humphrey followed him into his apartment and threatened to smother him with a pillowcase while demanding money. Humphrey then threw Elmer’s phone to the ground, stole $7 dollars and a bottle of cologne and moved ELmer’s walker out of reach.

Humphrey argued that he should be released without bail because of his advanced age, ties to San Francisco, and his unemployment and financial condition. He also pointed out the low value of the items he’d stolen, his history of obeying court orders and how his previous arrest was 14 years prior. 

When the court set his bail at $600,000, Humphrey challenged it. Humphrey’s motion included that he completed the Roads to Recovery drug rehabilitation program while he was at the San Francisco County Jail from 2005 to 2008. He suffered a relapse, but completed another substance abuse program in May 2016. He had been accepted into another such program, set to begin the day after the bail hearing. The court then reduced his bail to $350,000. 

Humphrey petitioned at the court of appeal, which reversed the prior court’s decision, and ordered a new bail hearing. The superior court ordered him released on the condition that he be monitored electronically, ordered to stay away from the victim, and participate in a substance abuse program.