BILL ANALYSIS �
SB 210
Page 1
SENATE THIRD READING
SB 210 (Hancock)
As Amended June 11, 2014
Majority vote
SENATE VOTE :25-9
PUBLIC SAFETY 5-2
--------------------------------
|Ayes:|Ammiano, Jones-Sawyer, |
| |Quirk, Skinner, Stone |
| | |
|-----+--------------------------|
|Nays:|Melendez, Waldron |
| | |
--------------------------------
SUMMARY : Revises the criteria for determining eligibility for
pretrial release from custody. Specifically, this bill :
1)Contains legislative findings and declarations regarding
pretrial custody.
2)Revises the criteria the court must consider for determining
pretrial release to include the following:
a) The protection of the public;
b) The nature and circumstances of the charged offense;
c) The history and characteristics of the defendant;
d) The defendant's prior criminal record, including whether
the defendant was on probation, parole, or other form of
supervised release at the time of arrest; and,
e) The probability of the defendant's appearance in court,
including record of past court appearances, or of flight to
avoid prosecution.
3)Specifies that public safety and the victim's safety are the
primary consideration.
4)States that in considering the previous criminal record of the
SB 210
Page 2
defendant and the history and characteristics of the defendant
the judge or magistrate may consider the results of an
evidence-based pretrial risk assessment instrument that is
predictive of public safety and failure to appear.
5)Authorizes a county sheriff, probation department, or other
local agency, with concurrence of the board of supervisors, to
employ supervisory staff to make recommendations for release
of defendants on their own recognizance.
6)Requires such an agency to prepare a pretrial investigative
report in specified types of cases recommending whether a
defendant should be released on his or her own recognizance
(OR). In other cases, the report is discretionary.
7)Specifies that only one agency shall issue a pretrial
investigative report.
8)Requires the report to include the results of an
evidence-based pretrial risk assessment.
9)Defines "evidence-based pretrial risk assessment" as "the
objective, standardized analysis of information about a
pretrial defendant in a way that is consistent with and guided
by the best available scientific evidence and professional
knowledge that measures the defendant's probability of
appearing at trial and the potential risk to public safety
while pending case disposition."
10)Authorizes a county sheriff, probation department, or other
local agency to employ supervisory staff to monitor released
defendants, if it has concurrence of the board of supervisors.
11)Authorizes the supervisory staff to do any of the following:
a) Notify the defendant of court appearance obligations;
b) Require the defendant to report periodically by mail,
telephone, or personal appearance to verify compliance with
release conditions;
c) Monitor and assist the defendant with complying with
release conditions;
SB 210
Page 3
d) Supervise a defendant placed on home detention, with or
without electronic monitoring, as a condition of release;
e) Promptly report violations of release conditions to the
court; and,
f) Provide information to assist any law enforcement
officer with detaining a defendant supervised pursuant to
this section and for whom a bench warrant has been issued.
EXISTING LAW :
1)Prohibits excessive bail.
2)States that a person shall be granted release on bail except
for the following crimes when the facts are evident or the
presumption great:
a) Capital crimes;
b) Felonies involving violence or sexual assault if the
court finds by clear and convincing evidence that there is
a substantial likelihood the person's release would result
in great bodily harm to others; and,
c) Felonies where the court finds by clear and convincing
evidence that the person has threatened another with great
bodily harm and that there is a substantial likelihood that
the person would carry out the threat if released.
3)Lists several factors that the court must consider in setting,
reducing, or denying bail: the protection of the public; the
seriousness of the charged offense; the defendant's prior
criminal record; and, the probability of his or her appearing
at trial or hearing of the case. Public safety is the primary
consideration.
4)States 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.
SB 210
Page 4
5)Requires the court to consider the safety of the victim and
the victim's family in setting bail and release conditions for
a defendant.
6)Specifies conditions for a defendant's release on his or her
OR.
7)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 OR.
8)States that whenever a court has employed investigative staff
for the purpose of recommending whether a defendant should be
released on OR, an investigative report shall be prepared in
all cases involved in a violent felony listed in Penal Code
Section 667.5(c), or a felony violation of driving under the
influence and causing bodily injury to another person,
recommending whether the defendant should be released on his
or her OR. The report shall include all of the following:
a) Written verification of any outstanding warrants against
the defendant;
b) Written verification of any prior incidents where the
defendant has failed to make a court appearance;
c) Written verification of the criminal record of the
defendant; and,
d) Written verification of the residence of the defendant
during the past year.
9)Prohibits the release of a defendant on his or her OR for any
violent felony until a hearing is held in open court and the
prosecuting attorney is given notice and an opportunity to be
heard on the matter.
10)Provides that a defendant released on bail for a felony who
willfully fails to appear in court, as specified, is guilty of
a crime.
11)Specifies that if an on-bail defendant fails to appear for
any scheduled court appearance, the bail is forfeited unless
SB 210
Page 5
the clerk of the court fails to give proper notice to the
surety or depositor within 30 days, or the defendant is
brought before the court within 180 days.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : 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.
"Some counties have successfully used risk assessment tools.
Santa Cruz County has reduced the pretrial detention rate to
56%, far below the statewide average. Outcomes have been
positive: 92% of defendants did not reoffend and 89% 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0004015
SB 210
Page 6