In 2020, zero bail was vehemently rejected by the California voters but in 2021 it was introduced as legislation by Sen. Bob Hertzberg as Senate Bill 262. The bills would require that money paid for bail or bond is refunded once the charges are dropped, a case has been dismissed or if the accused fulfilled all the requirements of the court appearances. The legislation also incorporated that an accused is not kept behind bars pending trial only because of their inability to afford bail. However, this article will deeply analysis the SB 262.
Public safety and security
Under the bill, the court itself would need to consider whether no financial conditions were enough to protect the public and victim. A Sacramento woman was murdered by a transient parolee who killed her dogs and tried to burn down her house. He was recently released from incarceration and also was let out on zero bail release after getting caught stealing a car. This incident as well as other recent cases across the state quickly turned against the bill. Moreover, Modesto, the man released on zero bail was later incarcerated in connection to the murder of another man and in Los Angeles, Eric Medina was released under zero bail was later arrested four times in three weeks on suspicion of theft. (Coalition, 22 June 2021) However as stated by Senator Hertzberg stated that “We made a lot of progress this year and we’ll be back next year in stronger shape,” added the Senator. “I’ll keep working for a fair, safe and equitable bail system, free of industry greed.” (Symon, 10th Sep 2021 )
Loop holes in SB 262
As Hertzberg himself accepted and stated that “We took out zero bail because as I went around and talked to members, they looked at it and it created problems. I couldn’t get the votes”. (Mcgreevy, 7th sep 2021 ). Existing laws in California incorporates the modus operandi of approving and accepting bail and authorized police, sheriff, court employees to approve and accept bail in the amount fixed by the warrant of arrest. However, the bill would require to be set $0 for all offences except serious and violent felonies, infringement of specified protective orders, sex offences, battery against a spouse and driving under the influence. This bill also required the Judicial Council to adopt, prepare and yearly revised. (Bechtel, 01.04.2021) The bill required to be set as per the statewide schedule and the bill required the court, before grant bail, to carefully consider whether nonfinancial conditions will reasonably have protected the public interest and reasonably assure the presence of the arrestee during the trial. Furthermore, the court if concluded that money bail is mandatory so the court consider the arrestee’s ability to pay the amount for the granting of the bail.
Outrage over zero bail release
The California District Attorney Association (CDAA) expressed outrage over zero bail when an accused of the sexual assault and murder of 61 years old Sacramento woman was released from incarceration and again arrested for the for robbery and then was released again because of zero bail policies. CDAA also identified that in SB 262, the language creating an “ability to pay” provision that would allowed those with substantial resources to be eligible for ‘zero bail’ simply by claiming that bail would be a hardship and they are financially not stable. (Times, 7th Sep 2021) Moreover, the bill would allow an offender with one or more prior convictions for felony offences, no matter how recent those convictions be eligible for zero bail.
California voters rejected ‘zero bail’ so lawmakers consider new overhaul of the system
The national bail industry spent $10 million to defeat a ‘zero bail’ as it would badly affect the business industry. The threshold was created when Sen. Bob Hertzberg recently amended his bill to remove a zero bail requirement for many less serious offences. However, ten months later California voters rejected a state law to eliminate cash bail for many offences, a new fight is created in the legislature over an alternative strategy by lawmakers that would slash the amount arrestees must pay to get out of incarceration. Topo Padilla, A Sacramento bail Bondsman said that he believes Hertzberg is on a personal mission to eliminate the bail industry as it cannot afford to operate with the 5% of the fee collected by the bonds company. (Information, 21.05.2021).
Effects on Bail Bond Agency
SB 262 is a direct attack at private bail industry as 95% of the premium refunded if the defendant makes all the court appearance or if no criminal complaint filed within 60 days of arrest. Subsequently, Bail bond Agency only keeps a 5% surcharge of the fee paid to the bond company (10%) like on $10,000 bond that’s $50. This will badly affect the business industry. SB262 will shut down surety bail as a result defendant will be left with 2 choices; cash bail or stay in jail. This will boost the rate of incarceration if bail bonds are no longer an option for pretrial release from custody. Some of the bail agents viewed that there is no need to pass SB262 as defendants who are unable to pay for bail have the Humphrey decision as Judges in every country are capable of modifying the bail schedule. (Katy Grimes, 2021) Moreover, after bailing out a defendant, the bail agents take the liability and ensures the defendant to appear before the court whenever the court appearance is required.
Effects on economy
SB262 eliminate millions of dollars annually in premium Tax and Summary Judgements paid by the California bail industry to the general fund. The bail agents provide the strategies for the payment of bail bonds they don’t need to borrow money from friends or family to pay the premium for a bail bond. (Symon, 10th Sep 2021). Furthermore, once a defendant gets out of the incarceration on zero bails without realization of any punitive liability this will encourage them to commit further crimes in future as a result, the rate of incarceration will boost up.
Recommendations
- The rate of incarceration will boost because defendants who got out of the incarceration on zero bails will get the courage to commit further crimes so it needs to be addressed.
- Most of the people will misuse it by using ‘the ability to pay” simply claiming that bail would be a hardship so there should be check and balance over its execution.
- It is a private attack on the bail industry in addition to eliminating millions of dollars annually in premium Tax by the California bail industry to the General fund so there should be some new strategy rather than zero bails as it is affecting the rate of the economy.
- Bail bond is one of the punitive ways for the defendant to realize him about not committing any offence. However, this zero bail policy will decrease the capability of the accused of realization and it will boost the crime rate.
References
Bechtel, M. (01.04.2021). Justice bills progressing in California . https://peoplesworld.org/article/justice-bills-progressing-in-california-legislature.
Coalition, A. B. (22 June 2021). Senate /Bill 262, the Latest Bail Reform Legislation, Is clearly Unconstitutional . https://ambailcoalition.org/california-senate-bill-262-the-latest-bail-reform-legislation-is-clearly-unconstitutional/.
Grimes, K. (#1st Aug 2021). California Bail Agents claim Vendetta Against Bail Bond Industry in Amneded SB 262. California, USA : https://californiaglobe.com/articles/bail-reform-bill-dies-in-assembly-following-high-profile-crimes-linked-to-no-bail-releases/.
Information, C. L. (21.05.2021). Legislative Counsel Digest. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB262#:~:text=The%20bill%20would%20prohibit%20costs,fixed%20by%20the%20bail%20schedule.
Mcgreevy, P. (7th sep 2021 ). California voters rejected zero bail, Now lawmakers weigh new overhaul of system . Los Angeless, US: https://www.latimes.com/california/story/2021-09-07/california-voters-rejected-zero-bail-now-lawmakers-weigh-new-overhaul-of-system.
Symon, E. (10th Sep 2021 ). Bail Reform Bill Dies In Assembly Following Huigh Profile Crimes Linked to No- Bail Releases . US : https://californiaglobe.com/fr/california-bail-agents-warn-of-vendetta-against-bail-bonds-industry-in-amended-sb-262/.
Times, S. S. (7th Sep 2021). State Prosecutors - Outraged Over Zero Bail Release of Violent Parolee Accused of Vicious Murder of Sacramento Woman and Her Two Dogs - Urge Rejection of Zero Bail Legislation. https://goldrushcam.com/sierrasuntimes/index.php/news/local-news/33177-state-prosecutors-outraged-over-zero-bail-release-of-violent-parolee-accused-of-vicious-murder-of-sacramento-woman-and-her-two-dogs-urge-rejection-of-zero-bail-legislation.
