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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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  1. Will Allen

    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 harm the criminal regimes that have the $ORs and their criminal law enforcement people. Never, never support those people. Do something today to get resources away from them. If you can’t become one of their suppliers (to soak them dry), buy companies that already are. It is easy to completely hide any involvement that you have.

  2. Scam-99R

    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:

    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:

    The undertones between the bail reform and tiered registry laws are eerily similar. Specifically, I fear that both bail reform and the tiered registry — if left unchallenged — mark the incipient beginning to The Minority Report, via-risk assessment instruments, coming to real life. Risk assessments are infecting the Courts. Risk assessments need to be fought with common sense and *honest* logic.

  3. Scotus Save Us Now

    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

  4. USA

    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!

  5. TS

    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.

  6. Lake County

    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 person who threatened a witness; a person who violated a condition of pretrial release in the past; a person convicted of a serious or violent felony in the last five years.

    • AnotherAnon

      “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.

  7. Tired of this

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

    • CR

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

  8. steve

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

  9. totally against public registry

    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….

  10. KM

    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.

  11. AnotherAnon

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

  12. Tim Moore

    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.

    • AO

      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.

  13. G4Change

    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???

    • mike r

      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 failed to appear in the past. Other than that each and everyone should be released on bail if the system is truly going to have equality. That is a scary proposition though since they would have to release even those that they are certain have committed heinous crimes as well but they could use some kind of risk assessment based on something like the clear and convincing evidence standard that the person is at risk to commit another offense or are at risk to flee. This is a hard one to reform really, it is not just cut and dry. I mean what if someone blows up a school and you know they did it but they have no previous convictions, have no factors showing they may flee? What then? You are innocent until proven guilty, what do you do? Let them out….Or what about someone that kidnaps, rapes, and kills a little kid and you are positive they did it? Once again no record, no indication they will not show to court, and the presumption of innocence, what do you do with them? What if they really did not do it and they had the wrong guy? Bail hearings are not really about money, they are about a way of keeping people they think are dangerous in jail by not giving a attainable bail amount. Say someone like that Nasser guy whom probably was very well off compared to the Gorrido guy who probably could not afford the same bail as Nasser? Here you have Nasser, which very well could be innocent in my opinion and all the girls just hated him and sworn to get back at him whereas you have Gorrido caught red handed with the girl in his possession? IDK, what the hell do you do in situations like that. In my opinion Gorrido was more dangerous to release than Nasser. I do not see Nasser posing any risk to anyone since his supposed offenses were allegedly against girls he coached and not a girl off the streets as what Gorrido did. Nasser very well of should of qualified for release whereas Gorrido could very well have been much more dangerous. But neither showed any evidence they would not show to court and both are supposed to be treated equally with the presumption of innocence so in actuality both should have been released pending trial. The severity of the crime does not make one guilty and does not make one more prone to not show in court without any other evidence that they will flee. This is a hard question with no easy cut and dry answers. IDK man I am just throwing out possible scenarios and hard questions. Do we want to release a known terrorist knowing he is going to blow up another school just because he deserves the presumption of innocence? who decides and what criteria do we use? What if they get it wrong and the guy is actually innocent? Here are some quotes I think are relevant…

      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.”
      When crimes occur, societies often cannot know for certain if a suspect is guilty or innocent. Consequently, societies must grapple with what type of “mistakes” they will tolerate more-sometimes punishing or scrutinizing innocent people or sometimes allowing guilty people go free.

  14. Hysteria

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

  15. mike r

    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 for having 42 stripped and smashed cars waitng for recycling. Because he was a millionaire he was out in a matter of hours whereas when I was eighteen and stole a car with my brother I spent like three werks in jail with outrageous bail until my pd convinced the judge I would be in danger keeping in since I was so young and i had no record. The samething with traffic violations, He would speed thru redlights and just ignore any traffic law at any time he wanted simply because the fines did not matter to him so as long as he did not go over the limit in points wkth DMV to have his license suspended he cared less whereas when I got tickets in the past and cannot afford to pay it then it’s just a domino effect that can trully ruin your life. Like I said I see a lot of desent on this issue but I think we need to see details and actual language of the law. The fact that it appears to be up to individual counties makes it suspect though. Remember any serious or sex offense you already have to have bail hearings and how many of those end up with outrageous unattainable bail amounts. I guess what I am saying is if it is fair it would be a good thing but we all know it probably will not be and in actuality the court could use the already existing language of the constitution that says no excessive bail to reach the same desired results. Bail is excessive if you cannot afford it to begin with but judges and DAs are already out if control when it comes to following the constitution. Like I said I’m torn on this one especially since I was actually able to bail out for five grand when I got arrested but I do not think that $50,000 bail would be avaible any more they way they treat these types of offenses now bails are usually hundred grand or more and no way the average joe living paycheck to paycheck can just payout ten grand. IDK man…

  16. Tim Moore

    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.

  17. mike r

    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 they appear to be that dangerous by clear and convincing evidence place a surveillance man/woman on them until trial is complete. That is the only possible answer I can come up with off the top of my head…See Nessar could have just been tagged with the GPS and had his passport revoked until after trial whereas Gorrido could have been tagged and surveillance put on him, maybe expensive but not really, hell of a lot cheaper than housing him in jail. At least at about the same cost…

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