BILL ANALYSIS �
AB 2388
Page 1
Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2388 (Hagman) - As Amended: April 30, 2014
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the Judicial Council to, by January 2016,
prepare, adopt, and annually revise an advisory statewide bail
schedule for all bailable felony offenses and for all
misdemeanor and infraction offenses, except Vehicle Code
infractions, that counties may reference when setting a
countywide bail schedule. Specifically, this bill:
1)Requires the Judicial Council to appoint a group of judges, as
specified, to develop and approve the statewide bail schedule
in consultation with the California District Attorneys
Association, the California Public Defenders Association,
California Attorneys for Criminal Justice; and the California
State Sheriffs' Association.
2)Requires the statewide bail schedule to contain a list of the
offenses and the amounts of bail applicable for each as the
Judicial Council determines to be appropriate; and if the
schedule does not list all offenses specifically, it shall
contain a general clause for designated amounts of bail as the
Judicial Council determines appropriate for offenses not
specifically listed.
3)States the Judicial Council shall adopt California Rules of
Court consistent with the provisions in this bill.
FISCAL EFFECT
1)One-time costs in the range of $200,000 to the Judicial
Council to establish a statewide bail schedule and for
adopting a rule of court. This assumes the equivalent of one
AB 2388
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personnel year plus travel and per diem.
2)Ongoing costs to maintain and update the bail schedule,
assuming 20% of the initial development costs, would be about
$40,000.
COMMENTS
1)Rationale . This bill creates an advisory statewide bail
schedule that counties may reference when setting their own
countywide bail schedules. The purpose of the advisory
statewide bail schedule is to provide guidelines to create
more consistency in the countywide schedules.
2)Current law provides it is the duty of the superior court in
each county to prepare, adopt, and annually revise a uniform
countywide schedule of bail for all bailable felony offenses
and for all misdemeanor and infraction offenses except Vehicle
Code infractions. (The penalty schedule for infraction
violations of the Vehicle Code is established by the Judicial
Council.)
Allows a court, by local rule, to prescribe the procedure by
which the uniform countywide schedule of bail is prepared,
adopted, and annually revised.
3)Opposition . According to the California District Attorneys
Association, "Prosecutors agree with current law that permits
superior court judges in each county to set their own bail
schedule. This statute recognizes that bail amounts and
decisions, like other aspects of our criminal justice system
such as policing policies, charging decisions, and sentencing
determinations, can vary based on community characteristics
and standards. By requiring the creation of a statewide bail
schedule and then giving no direction as to the purpose it is
to serve, this bill will invite litigation as to why a
particular court did not consult or follow the statewide bail
schedule. The last thing our overburdened courts need is an
increased workload and that is all this bill will achieve.
"Additionally, because the ways in which law enforcement
protects public safety and guarantees defendant appearance
(the key notions underlying bail) are not the same in every
jurisdiction, the virtue of a statewide uniform criminal bail
schedule is illusory."
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4)Prior legislation .
a) AB 1118 (Hagman), 2013, was similar to this bill, failed
passage in the Senate Committee on Public Safety, and was
granted reconsideration. It is not clear why the author
needs a second vehicle (AB 2388) in this session.
b) AB 1264 (Hagman), 2011, which repealed the uniform
countywide schedule of bail and established a Statewide
Bail Commission was never heard.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081