Recently, the bill was amended, and zero bail requirements were removed from minor offenses especially. Due to a lack of votes, few changes are made to the legislation. Instead, it requires judges to determine whether cash bail is essential to safeguard the public interests. If the court concludes that it's necessary, judges will establish the defendant’s capacity to pay bail even before setting it. Likewise, the judges should order the return of money paid to the bail company in case charges get dropped or the defendant punctually appears in the court.
The bill will cap the amount of the surcharge that a person can retain at 5 percent of the amount paid by the defendant. Bail industry leaders claim that this will put them out of business. In an argument, the senator said that he is convinced about similar concerns. He further said that in 2018 a last zero bail bill was pass which was overturned the prior year through a statewide referendum.
It further said that the bail system appears unjust because it gives liberty and leverage to those with wide pockets. Moreover, the legislature is considered in line with the findings of the California Supreme Court that states that it is unconstitutional to require a defendant to be behind bars just because they are unable to pay bails.
The decision clearly states that judges can keep the defendants behind bat with convincing and vivid shreds of evidence when there is no way to protect the public. Moreover, it also ensures that the defendants will appear in front of the courtroom.
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