What Will California’s Elimination of Money Bail Do?
The Reader’s Digest Version: Elimination of money bail will have a myriad of both good and bad effects so numerous that even predicting all of them right now may be both premature and inaccurate. However, there are significant concerns that abolishing money bail have many negative effects as this article describes.
- Domestic violence (including Penal Code § 273.5 or 243(e)(1));
- A sex offense listed under Penal Code § 290(d), paragraphs 2 or 3;
- Stalking as defined under Penal Code § 646.9 or if the arrested person made threats to go to the workplace or residence of the protected person, as defined under 273.6;
- A third DUI or a DUI with a combination of alcohol and drugs within ten years;
- A DUI with injury (this can still be a misdemeanor if the injury is not great bodily injury);
- A DUI with a 0.20% BAC or above;
- A person arrested for violating a restraining order in the last five years;
- A person who has three or more warrants for failing to appear in the last 12 months;
- A person who has a pending trial or sentencing on a misdemeanor or felony;
- A person on any form of post-conviction release other than informal probation (this means if one is on formal probation, parole or PRCS, no immediate release);
- A person who has allegedly threatened or intimidated a victim or witness in the crime;
- A person who violated any term of pretrial release in the last five years; or
- A person who has a prior conviction for a serious felony, as listed under Penal Code § 1192.7(c), or a violent felony as listed under Penal Code § 667.5(c) within the last five years.
2. The person was arrested for a felony with elements of physical violence, threat of violence or likelihood of great bodily injury (GBI);
3. The person was arrested for a felony in which he or she was personally armed or personally used a deadly weapon or a firearm; or