Blog


08

Oct 2018

The Problem with SB10 and Preventive Detention

As we have written about several times, the recent passage of Senate Bill 10, has thrown the California Criminal Justice System in a frenzy.  The bill requires the creation of pretrial services programs throughout the state, requiring additional staffing, monitoring and training of court officials.  If the referendum (an effort by SB10 opponents to get enough signatures to take the initiative to the voters) fails,...

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29

Sep 2018

Case Study in Bail Reform: Rockingham County

As opponents to California’s bail reform law SB10 continue to gather votes for a referendum to take it to the voters in 2020, it is important to note how similar bail reform laws have affected other communities.  Case in point: Rockingham County, New Hampshire.  Senate Bill 556 was passed by the New Hampshire legislature with the intent of changing the bail procedures throughout the state. ...

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21

Sep 2018

California Supreme Court to Consider if New Bail Reform Law is Constitutional

As opponents unite to gather signatures for a referendum on Senate Bill 10, a referendum which would effectively halt implementation on the new bill and take it to the voters in 2019, the California Supreme Court is also weighing in on the matter.  In the landmark case which turned the California bail system on its head, IN RE: KENNETH HUMPHREY, the justices have asked both...

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15

Sep 2018

Efforts Continue to Take SB10 to Voters in November

Opponents of SB10 recently signed into law by Governor Jerry Brown are gathering signatures to get a referendum. The referendum would block the new law set to go into effect October 2019 and take it to the November ballot.  Voters would determine the fate of the bill that was signed on August 29, 2018 despite concerns over recent changes.  Many question whether the new pretrial...

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07

Sep 2018

Questions Remain After Governor Brown Signs SB10

Senate Bill 10 was signed into law last week by California’s Governor Jerry Brown.  Dubbed “The California Bail Reform Act” SB10 effectively ended money bail, but many question if the proposed replacement is any better or if it in fact increases discrimination deeply rooted in the criminal justice system.  Human rights organizations across the state composed a joint statement opposing the passage of the bill. ...

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31

Aug 2018

California’s Bail Reform Backlash

Leading Groups withdraw Support from SB10 Over the past few weeks, numerous civil rights organizations, and justice groups have withdrawn their support for SB10.  Even a co-sponsor of nearly two years, Essie Justice Group, has withdrawn support over concerns of recent changes to the bill.  SB10 has since been signed and passed into California law.  Concerns over the bill have led a coalition to file...

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29

Aug 2018

Coalition Launches Referendum Drive to Protect Public Safety and Ensure Fairness in Bail System by Giving Voters Final Say on the Reckless SB 10 Bail Scheme

 A coalition of public safety leaders, concerned citizens, criminal justice reformers and crime victims’ advocates – Californians Against the Reckless Bail Scheme – announced today that they were filing a referendum against SB 10, signed by Governor Brown yesterday, which would replace California’s current bail system with a dangerous, reckless, and untested scheme that would likely both make California less safe and increase the numbers...

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25

Aug 2018

Is SB 10 Helpful or Harmful?

The Truth Behind the Bail Reform Act Recently, California legislators revived a failed bail reform bill in the hopes of eliminating the state’s current bail system.  The modifications have drawn growing concerns from human rights organizations, attorneys and justices across the board.  Many believe that the Act, the way it stands, would do more harm than good even exacerbating the current injustices in pretrial detention....

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17

Aug 2018

SB 10 Passes Appropriations Despite Unknown Fiscal Effect

Senate Bill 10 – Pretrial release or detention: pretrial services would repeal existing laws regarding bail as of October 1, 2019 and require that people detained by law enforcement undergo a risk assessment through by Pretrial Assessment Services.  On August 16, 2018 the bill underwent a number of amendments to try to appease concerns.  Still unclear is how the bill will be appropriately funded. The...

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11

Aug 2018

The Reality of America’s Pretrial Justice System

As we discussed in last week’s blog, more than 100 civil rights leaders and groups signed a joint statement on their concerns with using risk assessment programs in lieu of a bail system to determine whether people should be eligible for pretrial release.  The shared consensus was that using algorithms to determine risk does not alleviate the disparities present in the pretrial justice system and...

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