In October, 2019, California will be the first state to abolish cash bail for suspects awaiting court proceedings.
In signing the bill, Governor Jerry Brown said the system will then treat rich and poor defendants equally.
Retired Oneida County Circuit Court Judge Robert Kinney was asked his thoughts about the change. He says many states, including California suffer from jail overcrowding...
"...Poor people are not able to post bond. They haven't been convicted of anything but they are unable to post bond. Generally, the law tries to treat people equally, but we know in practice there are all kinds of disparities in the treatment of wealthy, white-collar defendants and the run-of-the-mill people we see in the criminal justice system...."
Kinney says the law change in California is directed toward making it so people with less means also have a chance to get out of jail until their court hearings. In less serious cases, Wisconsin judges can allow a signature bond, where a defendant can sign a form, saying he or she will make future court appearances or forfeit a bond, the amount determined by the judge. Generally, in more serious cases, the judge orders a cash bond which can be up to $1 million. Often, a person with the financial means can pay the bail amount, but people with lesser means sit in jail until the court processes the cases.
Kinney says judges have a broad range when making a decision on bond with the idea of trying to protect the public...
"...In the case of violent offenses, even though there's going to be less emphasis in California on cash bond, you've got rules of preventative detention where the judge can order people detained even without any cash bond if he or she feels that the public safety is in jeopardy, or there is a strong case the person will not appear in court...."
Kinney says in Wisconsin there's law that enables a defendant to have a hearing whether they can meet a cash bond. He says public defenders often bring clients to those hearings.
