BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 805
Author: Jones-Sawyer (D)
Amended: 5/30/13 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 5/14/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
ASSEMBLY FLOOR : 77-0, 4/18/13 - See last page for vote
SUBJECT : Bail
SOURCE : Author
DIGEST : This bill provides that a judge or magistrate may
consider the report prepared by investigative staff for the
purpose of recommending whether or not a defendant should be
released on his/her own recognizance.
Senate Floor Amendments of 5/30/13 , clarify how a court in
setting bail shall consider an investigative report prepared by
a court agency about whether or not a defendant may be released
on his/her own recognizance.
ANALYSIS :
Existing law:
1.Provides that in setting, reducing, or denying bail, the judge
or magistrate shall take into consideration the protection of
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the public, the seriousness of the offense charged, the
previous criminal record of the defendant, and the probability
of his/her appearing at trial or hearing of the case. The
public safety shall be the primary consideration.
2.Provides that in considering the seriousness of the offense
charged, the judge or magistrate shall include consideration
of the alleged injury to the victim, and alleged threats to
the victim or a witness to the crime charged, the alleged use
of a firearm or other deadly weapon in the commission of the
crime charged, and the alleged use or possession of controlled
substances by the defendant.
3.Provides that before a court reduces bail below the amount
established by the bail schedule approved for the county for a
person charged with a serious felony or a violent felony, the
court shall make a finding of unusual circumstances and set
forth those facts on the record.
4.Authorizes a court, with the concurrence of the board of
supervisors, to employ an investigative staff for the purpose
of recommending whether a defendant should be released on
his/her own recognizance.
5.Provides that any person released on bail who is charged with
or convicted of a felony who thereafter willfully fails to
appear is guilty of an alternate felony-misdemeanor and shall
be punished by a fine not to exceed ten thousand dollars
($10,000), or by imprisonment in the county jail for not more
than one year, or by both the fine and imprisonment.
This bill provides that in setting bail, a judge or magistrate
may consider factors such as the report prepared by
investigative staff for the purpose of recommending whether a
defendant should be released on his/her own recognizance.
Background
Statutory law provides a process whereby the court may set a
bail amount for a criminal defendant. Additionally, Section 12
of Article 1 of the California Constitution provides, with
limited exceptions, that a criminal defendant has a right to
bail and what conditions shall be taken into consideration in
setting bail. A defendant may post bail by depositing cash or
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an equivalent form of currency, provide a security in real
property, or undertake bail using a bail bond.
The bail bond is the most likely means by which a person posts
bail. A bail bond is essentially a contract that provides the
court with a guarantee that the defendant will appear for a
hearing or trial. A defendant pays a licensed bail agent a
percentage of the total amount of bail ordered as a
non-refundable fee - often an amount in the range of 10%. The
bail agent then contracts with a surety company to issue a bail
bond - essentially, an insurance policy. The bond is issued
providing that if the defendant fails to appear, the county will
receive the full amount of bail set by the court. The bond is
provided to the court and, if accepted, the defendant is
released. As designed, the bail system often allows the court
to rely on the private sector to ensure appearances and provide
a means for the county to be made whole in the event that a
person fails to appear.
While the main purpose of a bail bond is to provide some
assurance that a defendant will return to court to resolve the
pending charges, courts also consider the danger a released
defendant will pose to the public or specific persons. Bail is
set through a bail schedule that lists preset amounts of bail
for various crimes. A committee of judges in each county
promulgates the bail schedule for that county. A defendant or
the prosecution can move the judge presiding over a particular
case to raise or lower the amount of bail, or the defendant can
request release on his/her own recognizance. Additional
statutory rules apply if the defendant is charged with a serious
felony or domestic violence.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/3/13)
California Attorneys for Criminal Justice
Golden State Bail Agents Association
Peace Officers Research Association of California
Taxpayers for Improving Public Safety
OPPOSITION : (Verified 6/3/13)
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Aladdin Bail Bonds
ARGUMENTS IN SUPPORT : According to Golden State Bail Agents
Association (GSBAA):
GSBAA supports AB 805 because it clarifies that judges can
use risk assessment reports in setting, reducing or denying
bail. Currently, there is confusion as to whether these
risk assessment reports can only be used to determine a
defendant's suitability for release on his/her own
recognizance (OR). Bail and OR are both forms of pretrial
release and while bail is a more secure form of pretrial
release, all forms of pretrial release are concerned with
the same risk factors, e.g. the risk of the defendant
failing to appear in court and/or reoffending while on
pretrial release.
ARGUMENTS IN OPPOSITION : According to Aladdin Bail Bonds:
AB 805, as it is premised on the false assumption that
pretrial service programs are effective. As a result, this
bill will create a serious public safety threat if judges
rely on pretrial service reports in setting or reducing
bail.
The simple fact is that bail works. It is by far the most
effective mechanism for ensuring that defendants return to
court so that criminal justice system can work efficiently.
And best of all, it is absolutely free to taxpayers.
Moreover, the investigation and underwriting process used
by reputable companies in the bail industry helps to
prevent violent tragedies. Before writing bail bonds for
defendants, bail companies establish a network of involved
and caring family members and friends, all of whom work
together with the bail agent to ensure the defendant not
only returns to court, but does not reoffend in the
interim.
ASSEMBLY FLOOR : 77-0, 4/18/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
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Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Holden, Lowenthal, Vacancy
JG:ej 6/3/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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