BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 210|
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THIRD READING
Bill No: SB 210
Author: Hancock (D)
Amended: 1/27/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 1/14/14
AYES: Hancock, De Le�n, Liu, Mitchell, Steinberg
NOES: Knight
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-1, 1/23/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Gaines
NO VOTE RECORDED: Walters
SUBJECT : Criminal procedure: pretrial release
SOURCE : Author
DIGEST : This bill defines a program of evaluation and
supervision for pre-trial release to be implemented at the
discretion of a participating county.
ANALYSIS :
Existing law:
1. Requires a judge or magistrate, in setting, reducing, or
denying bail, to take into consideration the protection of
the public, the seriousness of the offense, the defendant's
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previous criminal record, and the probability of the
defendant appearing at trial or a hearing.
2. Authorizes a court, with the concurrence of the county board
of supervisors, to employ an investigative staff for the
purpose of recommending whether a defendant should be
released on his/her own recognizance (OR). In cases
involving certain crimes, including violent felonies, an
investigative report is required to be prepared that includes
specified information, including outstanding warrants against
the defendant and prior incidents where the defendant has
failed to make a court appearance.
3. Provides that before a defendant is granted OR release,
he/she must complete and file a signed agreement that
includes:
A. A promise to appears at all times and places ordered
by the court;
B. A promise to obey all conditions of release imposed by
the court;
C. A promise not to leave the state without permission of
the court;
D. Agreement to waive extradition if he/she is
apprehended outside the state; and
E. Acknowledgement that he/she has been informed of all
applicable consequences of violating the release
agreement.
4. Provides that OR release of the following defendants shall
not be granted without a court hearing:
A. Any defendant who is on probation or parole at the time
of a new arrest.
B. Any defendant who has failed to appear three or more
times in the preceding three years, as specified, and is
charged with one of the following offenses:
(1) Any felony.
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(2) Any gang offense.
(3) Assaultive conduct.
(4) A theft offense.
(5) Burglary.
This bill:
1. Requires the court to consider the following factors in
determining conditions for pre-trial release and in setting,
reducing or denying bail:
A. The nature and circumstances of the charged offense.
B. The history and characteristics of the defendant.
C. The previous criminal record of the defendant,
including whether the defendant was on probation, parole
or any form of release pending trial, sentencing or appeal
at the time of his/her arrest.
D. The defendant's record of appearance at past court
hearings or of flight to avoid arrest or prosecution.
1. States that in considering the history and characteristics
of the defendant, the judge or magistrate may consider any of
the following:
A. The ties of the defendant to the community, including
his/her employment, the duration of his/her residence, and
the defendant's family attachments.
B. The defendant's current educational or vocational
program enrollment and participation.
C. The physical and mental condition of the defendant and
the defendant's history related to dependence on alcohol
or controlled substances, including past and current
participation in substance abuse programs and counseling.
1. Provides that a court, sheriff, probation department, or
other designated agency may, with concurrence of the board of
supervisors, employ "supervision staff" to monitor the
defendant's compliance with the conditions of release.
Supervision staff may do any of the following:
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A. Notify the defendant of court appearances or
obligations.
B. Require the defendant to report periodically in person
or by telephone or mail.
C. Monitor and assist the defendant with release
conditions.
D. Supervise a defendant's home detention, with or
without electronic monitoring.
E. Report violations of release conditions.
F. Provide information to assist law enforcement in
detaining any defendant for whom a bench warrant has been
issued.
1. Includes the numerous legislative findings and declarations.
Background
The most recent Board of State and Community Corrections (BSCC)
quarterly Jail Profile Survey (June 2013) indicated that nearly
63% of the state's approximately 82,000 detainees are awaiting
trial and represent the largest category of inmates in county
jails.
According to a letter issued on May 30, 2013, by the Little
Hoover Commission (LHC) on jail overcrowding and pre-trial
services, "Many pre-trial detainees are poor or mentally ill and
remain jailed for weeks, sometimes months. Though not convicted
of any crime, they remain incarcerated because they cannot
afford to post a bail bond?Pre-trial release strategies to help
manage jail space are not widespread. Where they exist, they
vary considerably from county to county - without state
oversight, accountability, or systematic sharing of best
practices."
In its letter, the LHC recommended the mandatory use of
validated risk and needs assessments at the pre-trial stage in
each of the 58 counties to assist judges, sheriffs, and
probation departments make more informed choices when
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considering jail alternatives such as the early release of
inmates due to overcrowding.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
According to the Senate Appropriations Committee:
Potentially major ongoing costs in excess of $3.5 million
(General Fund*) for additional court time for review of felony
jail term cases for OR release.
Potentially major future cost savings to local law enforcement
agencies due to reduced incarceration, offset in part by
increased costs for investigative staff to prepare pre-trial
investigative reports and supervision staff to provide
monitoring services. As an example, assuming a daily jail
rate of $105 vs. a daily supervision rate of $5, could result
in annual savings of $3.6 million per 100 inmates released on
OR.
Potential future increase in non-reimbursable local
enforcement and incarceration costs to the extent additional
violations for failure to appear subsequent to OR release
occur.
*Trial Court Trust Fund
SUPPORT : (Verified 1/27/14)
American Civil Liberties Union
Asian Americans Advancing Justice - Asian Law Caucus
California Association of Pretrial Services
California Attorneys for Criminal Justice
California Public Defenders Association
City of Richmond Police Department
Friends Committee on Legislation of California
Women's Foundation of California
OPPOSITION : (Verified 1/27/14)
Aladdin Bail Bonds
American Bail Coalition
California District Attorneys Association
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California State Sheriffs' Association
Golden State Bail Association
ARGUMENTS IN SUPPORT : According to the author:
SB 210 would create an effective framework for managing
pretrial population in two ways. First, it would revise the
criteria both for setting bail and determining eligibility for
pretrial release. It would require a court to consider a
defendant's ties to the community, current participation in
educational or vocational training, and any mental health or
drug dependency issues. It would also require consideration
of the circumstances and seriousness of the alleged crime.
Second, it would authorize a local government agency to
conduct a pretrial investigation report to determine the
defendant's potential threat to public safety and probability
of making future court appearances. Any such report must
include the results of an evidence-based risk assessment.
Seventy-one percent of detainees in county jails statewide are
awaiting trial rather than serving their sentences. Much of
the current jail overcrowding is due to overuse of pretrial
detention, not felony sentences imposed under Realignment.
Jail overcrowding burdens California counties. In urban
areas, jail detention can cost as much as $100 per defendant
per day. Pretrial community supervision and other non-jail
alternatives can cost as little as $2.50 per defendant per
day.
Some counties have successfully used risk assessment tools.
Santa Cruz County has reduced the pretrial detention rate to
56 percent, far below the statewide average. Outcomes have
been positive: 92 percent of defendants did not reoffend and
89 percent made all of their court appearances. Santa Clara
County has implemented similar policies with equivalent
results.
The current bail-dependent system creates a two-tiered
pretrial population based solely on income. Wealthy
defendants who can afford bail are released and allowed to
return to their homes and jobs. Defendants who cannot afford
bail remain detained.
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ARGUMENTS IN OPPOSITION : Golden State Bail Agents Association
(GSBAA) states:
GSBAA opposes SB 210 because it will cost tax payer monies,
undermine public safety and deprive victims of their day in
court by encouraging the court to release defendants who are
accused of Penal Code �1170(h) felony offenses on their own
recognizance without having to post bail.
San Mateo County rejected a similar OR program because of the
risk to public safety. This bill will take away local control
from counties who will no longer get to decide if they want a
permissive tax payer funded pretrial OR program. Under
current law; as embodied in Penal Code �1203.018, counties get
to decide if they want a permissive OR program.
This bill is predicated on the availability of evidence-based
pretrial risk assessment reports which will determine which
defendants are good candidates for OR release. However, few
counties are set up to issue these reports and it is not clear
when they will have the funds necessary to do these
assessments. Therefore, the court will be encouraged to
release felony defendants on OR without the reports they need
to make an informed decision and public safety will suffer.
Unlike bail, this bill is tax payer funded. The counties will
have to hire personnel to run the OR program created by the
bill, and eventually to write the assessment reports when
funds become available. The courts will have the expense of
increased OR hearings and the time required to review the
assessment reports.
JG:k 1/29/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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