After a murder of a Sacramento female by parolee who had been released without bail, it prompted Democratic Senator Bob Hertzberg to pull SB 262 from consideration this year. The bill will be taken up next legislative session.
According to the bill, it would have required the state courts to take into account a defendants ability to pay when setting a bail.
This bill would instead require the Judicial Council to, starting January 1, 2023, prepare, adopt, and annually revise a statewide bail schedule. The bill would require the Judicial Council, when adopting that schedule, to consider the seriousness of the offense charged and input from stakeholders, experts, and other interested parties. The bill would require the court, prior to setting bail, to consider whether nonfinancial conditions will reasonably protect the public and the victim and reasonably assure the arrestee’s presence at trial. The bill would, if the court concludes that money bail is necessary, require the court to conduct an inquiry into the arrestee’s ability to pay, as specified. The bill would prohibit costs relating to conditions of release on bail from being imposed on persons released on bail or on their own recognizance.
Although the bill passed the State Senate in May with a 30-9 vote, it was having trouble in the State Assembly according to Hertzberg. The bill will return in 2022.
According to Sacramento Police:
UPDATE: Thanks to excellent work from detectives, officers, arson investigators, and the community, 51-year-old Troy Davis was identified as a person of interest related to this incident. On September 4, diligent patrol officers located Davis who was arrested for a parole violation and felony warrants unrelated to this investigation.
Today, detectives have additionally booked Davis for murder, arson, burglary, and sex assault charges against the 61-year-old victim. At this time, detectives believe that the victim and suspect were not known to each other.
This investigation remains active and we continue to urge anyone who may have any information regarding this incident to contact the police department.
Troy Davis, 51, was released without bail on suspicion of auto theft in June and did not appear for his arraignment.
Hertzberg issued a statement in response to the Sacramento killing by defending his bill saying it could have prevented the crime from occurring:
I’m heartbroken and angered by the heinous murder of a Sacramento woman this past weekend. The parolee who did this should have never been released back to the community. The Safe and Resilient Communities Act could have prevented this crime from happening in the first place. #SB262 requires the Judicial Council to establish statewide standards for bail amounts, meaning Counties will no longer be able to operate zero bail policies. The fact is our communities will be made safer under SB 262 while also building critically needed equity into our state’s failed bail system. This is about preventing non-violent Californians from being kept behind bars simply because of their inability to pay. California can and must do better — to enhance our safety and protect our liberties. We won’t back down because we know Californians deserve a bail system that reflects our values of fairness and equity.
SACRAMENTO – Senate Majority Leader Bob Hertzberg (D-Van Nuys) issued the following statement on the Safe and Resilient Communities Act (SB 262) becoming a two-year bill:
“The road to equal justice for all is long but we’re committed to taking the road that results in what all Californians deserve: a fair, safe and equitable bail system, free of industry greed.
“We will prevail because the presumption of innocence – the bedrock of our system of justice – remains fundamentally incompatible with a bail system that keeps Californians locked up who pose no threat to the public and who have been convicted of no crime, simply because they cannot pay what the bail industry demands.
“The State Supreme Court agrees with this and earlier this year, ruled that California’s cash bail system is unconstitutional. SB 262 simply provides a framework for the state to implement this ruling.
“We made real progress this year, thanks to Senator Nancy Skinner, our coauthors, Senators Steven Bradford and Scott Wiener, and our outstanding coalition partners – Californians for Safety and Justice, Western Center on Law and Poverty and the Anti-Recidivism Coalition.
“We’re not done yet with bail – not even close.”
Majority Leader Bob Hertzberg represents nearly one million San Fernando Valley residents of Senate District 18, which includes part of Burbank and the following communities in Los Angeles: Arleta, Granada Hills, Hansen Dam, Lake View Terrace, Mission Hills, North Hills, North Hollywood, part of Northridge, Pacoima, Panorama City, Sherman Oaks, Studio City, part of Sun Valley, Sylmar, Toluca Lake, Valley Glen, Valley Village, Van Nuys, the City of San Fernando and Universal City. Learn more at senate.ca.gov/hertzberg.