Coalition files referendum to repeal end-of-bail law

A referendum against a bill to replace the current cash bail system was filed Wednesday by a coalition seeking to halt its implementation, one day after it was signed into law by Gov. Jerry Brown.

Californians Against the Reckless Bail Scheme, which filed the referendum seeking to collect signatures and get it onto the November 2020 ballot, said they are a coalition of more than 50 groups drawn together from all political viewpoints in their opposition to SB 10.

In a press release, they called the bill, which would replace cash bail with a risk assessment system, “dangerous, reckless, and an untested scheme that would likely make California less safe and increase the numbers of those unfairly incarcerated.”

“Senate Bill 10 has brought together scores of individuals and groups from across the political spectrum — conservative to progressive — to agree on one thing: they all hate it and think it’s a terrible law,” Jeff Clayton, spokesperson for the coalition, said in the press release.

“Law Enforcement and traditional public safety advocates largely oppose SB 10 because they believe the proposal would continue a recent trend of new laws that jeopardize the safety of the state,” said the press release.

“Meanwhile, many of the progressive, public safety reformers who originally championed the cause of bail reform have dropped their support and now oppose SB 10 because they believe the new system will be worse than the present system, and likely lead to greater unfair incarceration that is racially biased,” it added.

The bill requires people accused of crimes and facing jail while they await trial to be subject to a pretrial risk assessment, conducted by what are called “pretrial assessment services,” which seek to determine the risk level of a particular individual charged with a crime.

The results would then be reported to the court, and a judge would decide if a defendant should be released or remain in custody.

Assemblyman Rob Bonta, D-Alameda, who co-authored the bill with state Sen. Robert Hertzberg, D-San Fernando Valley, said the current cash bail system punishes low-income individuals and that replacing it with a risk-based system will enhance justice and safety.

“For too long, our system has allowed the wealthy to purchase their freedom regardless of their risk, while the poor who pose no danger languish in jail. No more,” Bonta said in a press release.

David Quintana, a lobbyist for the California Bail Agents Association, said although people from both ends of the political spectrum agree the current bail system is flawed, SB 10 is not the solution and will destroy the entire bail bond industry.

“Hundreds of progressive groups are against this bill in addition to bail bondsmen and law enforcement,” Quintana said. “Everyone has something to hate about SB 10.”

The attorney general has 10 days to issue a title and summary to start petition collection, and the coalition has 90 days from the date the governor signed the bill to collect 365,880 valid signatures from registered voters in California, according to the coalition’s press release.