Bill to strengthens regulations on pretrial assessment heads to governor

A bill that strengthens regulations on pretrial assessment services in anticipation of coming changes in the bail system passed the Legislature and is on the way to the governor.

SB 36 introduces two rules for pretrial assessment services, which represent a growing industry in California as challenges to the cash bail system continue to mount across the state. The first rule requires pretrial assessment agencies to validate their services every three years, starting in 2021. The second makes it mandatory for agencies to publish data about their outcomes and potential biases.

The bill passed 39-0 in the Senate on Wednesday after the Assembly approved amendments Tuesday.

One amendment makes the Judicial Council responsible for publishing the data yearly. Another amendment requires the council to make recommendations to the courts and Legislature on how to prevent biases in pretrial assessment services based on race, gender, ability or income. These recommendations are due July 1, 2022.

SB 36 is one of several government efforts to change California's cash bail system. Pretrial assessment services, which assess how likely newly-arrested defendants are to compromise public safety or fail to appear in court, have been advocated as an alternative.

One of the bill's authors, Sen. Robert M. Hertzberg, also wrote SB 10 last fall, which would have phased out cash bail by this October. SB 10 is on hold pending a 2020 referendum launched by the national bail industry.

-- Jessica Mach