Referendum on Law That Replaced Money Bail With System Based on Public Safety and Flight Risk
referendum
Official Summary
A "Yes" vote approves, and a "No" vote rejects, law replacing money bail with system based on public safety and flight risk.
Fiscal Impact: Increased costs possibly in mid hundreds of millions of dollars annually for a new process for release from jail prior to trial. Decreased county jail costs, possibly in high tens of millions of dollars annually.
support: $13,446,871 - John Arnold, Steven and Connie Ballmer, Patty Quillin, Act Now, Tom Steyer
oppose: $10,181,122 - bail bonds and insurance companies
Notes
In 2018, the bail industry issued about $6 billion in bail bonds and collected about $560 million in bail bond fees. Insurance companies are required to pay a 2.4 percent state insurance tax on these fees—about $13 million in 2018.
SB10, to eliminate bail and change the processes for getting released from jail before trial, was passed in 2018 but has not gone into effect, pending the results of this referendum.
Changes to existing system:
Require Automatic Release for Most Misdemeanor Crimes
People placed in jail for (1) felonies and (2) misdemeanors that are ineligible for automatic release will be assessed for their risk of committing a new crime or failing to appear in court if released
High-risk people, medium-risk people who are not released, and certain others (such as those charged with certain severe felonies, including murder or arson of a home) would remain in county jail until arraignment.
State trial courts responsible for pretrial assessment; Pretrial Risk Assessment Tools are currently used by city/county trail courts to determine whether to assign bail or release an arrested person on their own recognizance (OR).