Gov. Brown signed a bill Tuesday that begins the process of eliminating the state’s bail system, eventually replacing it with a “risk-assessment” system by October of next year.

The signing of Senate Bill 10 into law officially places California at the forefront of the national conversation regarding the heavy financial burden on defendants before they face a jury.

“Today, California reforms its bail system so that rich and poor alike are treated fairly,” Brown said in a statement.

Co-authored by Sen. Bob Hertzberg, D-Van Nuys, and Assemblyman Rob Bonta, D-Alameda, SB 10 effectively eliminates the long-standing system that requires newly arrested suspects to post bail — an amount based on the seriousness of the crime — in order to be freed while awaiting their trial.

➡️@JerryBrownGov Signs Legislation to Revamp California's Bail System, Protect Public Safety: https://t.co/MkgYsL3Nml #SB10 pic.twitter.com/eDJfKPd4Kv

— Governor Newsom Press Office (@GovPressOffice) August 28, 2018

Supporters of the bill stated that the status quo backs a criminal justice system that has steep financial barriers and punishes people for being poor.

“Our path to a more just criminal justice system is not complete, but today it made a transformational shift away from valuing private wealth and toward protecting public safety,” said Hertzberg.

The California Bail Agents Association opposed the bill — which essentially eliminates the bail industry in the state — saying that it would lead to less people appearing for court.

“It’s not a perfect system, but the bail bonds system creates a financial guarantee that people show up in court,” said Jeff Chavez of All American Bail Bonds in Santa Clarita. “It basically boils down to this: if the public is concerned about public safety and people being held accountable, then you would want more bail bondsmen.”

State Republican lawmakers also debated against the passage of SB 10.

“Getting rid of our current bail system will only make California less safe,” said Assemblyman Travis Allen, R-Huntington Beach. “By eliminating bail, criminals will stop showing up for trial. By stripping bail bondsmen of their power to bring criminals to justice, more criminals will roam free.”

In order to eventually phase out the bail system, the state’s judicial council will work to establish a new framework by which suspects can be released over the next two years.

By Oct. 2019 — the official start date of the bill — county courts will use the council’s framework to establish their own procedures on who to release before trial.

Under SB 10, a person accused of a non-violent misdemeanor would generally be released from jail within 12 hours of being booked, with some exceptions.

However, people with serious or violent felony convictions, multiple failures to appear in court, allegations of domestic violence and those who have made threats of violence would not qualify for release.

For all other cases, individual judges will consider the county’s “risk assessment” criteria on a case-by-case basis, and then determine the quantifiable risk that the defendant “will not appear in court as required” or the “likelihood that a person will commit a new crime” before their trial for their current offense.

Based on the judges’ determination, a person would be assigned a low-, moderate- or high-risk assessment which would help determine who should be released.

Ankle monitors could be required for a person’s release, as long as the defendant is not required to pay for it.

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