AB 981

This bill eliminates monetary bail as a condition of release for a defendant

charged with, or convicted of, a crime.

Under current law, a defendant who has been arrested for a criminal offense or

a defendant who has been convicted of a crime and is awaiting sentencing may be

released with monetary bail as a condition of release. Monetary bail may be satisfied

by the execution of a bail bond with sufficient sureties or by payment of the indicated

amount in cash. Current law allows a court to impose other conditions of release,

including limitations on travel and requirements for the defendant to avoid alcohol

or controlled substances, to avoid contact with certain persons, and to participate in

certain programs. If the defendant fails to appear in subsequent proceedings or

violates a condition of release, he or she forfeits the monetary bail.

Under the bill, a court is required to release a defendant before trial unless it

finds, by clear and convincing evidence, that there is a substantial risk that the

defendant will not appear for trial or will cause serious bodily harm to a member of

the community or intimidate a witness if he or she is released. Under the bill, the

court may not use the nature, number, and gravity of the offenses as the sole

sufficient reason for refusing to release the defendant.

The bill also eliminates the practice of imposing a monetary bail on a witness

to ensure the witness's appearance at trial, eliminates the use of monetary bail to

compensate victims of crimes, and eliminates the use of monetary bail as a means

of securing a person's appearance in a civil forfeiture action.

The bill allows the court to set nonmonetary conditions of release for defendants

and for persons convicted of a crime but not sentenced or ordered to release upon or

pending appeal.