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CA: Bail overhaul plan would limit release of sex crime suspects

People arrested on suspicion of crimes that would require them to register as sex offenders would need a judge’s approval to leave jail while awaiting trial under a change to the state’s new landmark law ending bail.

State senators voted Wednesday to send the bill to Gov. Jerry Brown, just a day after Brown signed the law that will make California the first state to end bail in October 2019. In the place of bail, judges and county officials will determine whether to release suspects before trial based on the likelihood they’ll return to court and the degree of danger they pose to the public.

The update approved Wednesday would make anyone arrested for crimes under the Sex Offender Registration Act, including non-violent misdemeanors, ineligible for release until they see a judge at arraignment. Crimes requiring a person to register as a sex offender can range from indecent exposure to rape. Full Article

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Unfortunately there does not appear to be a way to comment at the source article. This is so heinously funny. I have to say that I haven’t paid any attention to this latest idiocy but I fully expect that in order to do something good with the corrupt bail system that they had to sell everyone by lying that it’s okay to change it because “we are still gittin dem there $EX offenders!!” Only rubes support the $EX Offender Registries ($ORs). Take this as a reminder to retaliate today. Ensure that the $ORs do nothing useful today. Do something to… Read more »

Void in this article is how the bail “reform” bill uses murky “risk assessment” instruments. When the ACLU finally took the time to thoroughly understand the flaws in using a risk assessment to make black and white decisions, the ACLU — after having supported this bill for quite some time — changed its position because of the risk assessment tool: https://reason.com/blog/2018/08/20/aclu-turns-against-california-bail-refor Also, here is a letter from Human Rights Watch to Governor Brown that explains the flaws to using a risk assessment “tool” to determine whether one can be released pre-trial: https://www.hrw.org/news/2018/08/24/human-rights-watch-urges-governor-brown-california-veto-senate-bill-10-california The undertones between the bail reform and tiered… Read more »

Janet… how does this law ever survive the constitution?

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

This is removing the right to bail if I understand it right

This is a disturbing new law! If you get arrested for a serious crime, you could end up being pressured to enter a plea deal! This might also pressure prosecutors to file more serious charges! Very disturbing!

Here is CA Registrants, family, and friends chance to help change policy according to the article:

A bail industry-backed group on Wednesday said it will try to place a referendum on the November 2020 ballot to repeal the new law. If it can collect roughly 365,000 signatures within 90 days of Brown’s signature on Tuesday, the law would be blocked from taking effect until voters weigh in.

Ultimately Brown insisted on giving judges the power to jail or release defendants. Criteria will be set by county supervisors — the kind of local control Brown prefers. SB 10: Those who cannot be released prearraignment include: those arrested for specified sex offenses, domestic violence, stalking, violating a protective or restraining order, a crime that includes violence, a third DUI, a DUI with .20% blood alcohol level; a person who had three or more failure to appears in the last year; a person who was pending trial or sentencing for another offense; a person who was on post-conviction supervision; a… Read more »

“specified sex offenses” = “would require sex offender registration for over 20 years.” = Tier 3?

I don’t see how “no bail” does not equal excessive bail. That will be challenged quick.

I thought bail was a constitutional right, per the 8th Amendment?

It is. However, a judge can deny it. I’m not sure if the legislature can.

“a third DUI” they get not 1, not 2, but three chances?

And yet still no registry for them..

“In 2016, 10,497 people died in alcohol-impaired driving crashes, accounting for 28% of all traffic-related deaths in the United States. 1.
Of the 1,233 traffic deaths among children ages 0 to 14 years in 2016, 214 (17%) involved an alcohol-impaired driver.Jun 16, 2017”
Impaired Driving: Get the Facts | Motor Vehicle Safety | CDC Injury …
https://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html

What ever happened to “innocent until proven guilty”? After this passes, no judge is going to let arrested individuals go until trial- this will be horrible also.

advocates of the bail system are going to undue it by asking the voters to overturn it anyway….

This looks ripe for an attack- ALL people arrested are presumed innocent until proven guilty- regardless of the alleged offense. Due process requires that all like people are treated equally. Misdemeanor vs felony would probably be upheld, but specific misdemeanor crimes? Yeah…no.

Criminal Justice Advocates Raise Concerns about New California Law that Abolishes Cash Bail
By Innocence Staff

https://www.innocenceproject.org/advocates-raise-concerns-about-california-law-cash-bail/

This would have destroyed my family had it been law when I was arrested. The only way I could keep my wife and children in their house was because I received bail and could work to support them whike my case was in process.

Me too. The cops way overcharged me. I took an upskirt picture of a minor. There were a ton of witnesses. But they initially charged me with a 288. My guess is because that has the highest bail at $100,000. I later learned that that was no where near my crime, and they certainly knew that. I doubt with that initial charge I would’ve been released under this. Bail was the only reason I was able to keep my job, especially since I was able to bail out on a weekend, a time where no hearings are held.

I think Governor Moonbeam must have smoked some really bad weed the day he decided to sign this. Why not assess a defendant’s income and use an affordable scale based on that income to determine bail? If they are living below the poverty level, then they get released at no charge. Or is that too simple for the morons in Sacramento to figure out???

Yeah that is to easy and requires common sense. That is what I am saying below is that we already have a bail system that would work if the judges followed the constitution and stopped deferring to the legislature and DAs and based bail on the ability to pay according to income like the constitution requires, no excessive bail and bail is excessive if you cannot afford it. In actuality the severity of the offense should not even be considered since we are all supposed to be innocent until proven guilty, the only enhancing factor should be has the person… Read more »

How about convicting the sex offender without a trial. Or maybe they can just give cops permission to execute suspected offenders on site.

Man I’m torn on this one, the only downfall of this law is if the risk assessments are not based on empirical evidence such as verified actual recidivism rates and a fair set of rules governing a judges decision and not left up to individual counties or local DAs to set the criteria for release. This will be fine for the low risk offenders with non-violent crimes and would be a great step in the right direction to equality in our justice system. I for one have seen the inequality in the bail system when my old boss got arrested… Read more »

You’re right, bail is supposed to be insurance you come back and stand trial. That’s all. You weren’t supposed to pay an exorbitant fine, unless you broke bail and didn’t appear. Unless I am missing something, it is not the bail that is the problem, but excessive bail determined by the judges. And yeah, for “innocent until proven guilty”, we have substituted “dangerous unless locked up ” for most anyone accused.

I for one still think these quotes are what should be followed. As the preeminent English jurist William Blackstone wrote,”Better that ten guilty persons escape, than that one innocent suffer.” Benjamin Franklin went further arguing “it is better a hundred guilty persons should escape than one innocent person should suffer.” No matter the charge if the suspect has not previously failed to appear or has not fled the country to escape trial then they should be released immediately. Very easy solution is to tag a person with a GPS and take away their passport. Although this is still unconstitutional if… Read more »

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