Just days before end of session, California lawmakers resurrect, amend bail reform bill

California lawmakers resurrected a bill that originally would have required judges to consider a person’s ability to pay when setting cash bail.

However, Senate Bill 262 has been amended so that now it does just two things: It prohibits defendants out on bail or their own recognizance from being charged for things like ankle monitors or other conditions of release. And it requires courts to return bail premiums — paid by defendants to bail agencies in lieu of paying the entire bail amount — to defendants in the event that charges are dismissed or no charges are filed within 60 days of arrest.

Bail agents would be permitted to collect a 10% surcharge from the defendant.

The California Assembly removed SB 262 from the inactive file Tuesday, where it was placed last year after the slaying of Land Park resident Mary Kate Tibbitts. Her accused killer, Troy Davis, had been out of jail on his own recognizance for an auto theft charge and had failed to appear for a subsequent court hearing.

The bill then was amended, and will be considered by lawmakers before the legislative session ends.

The bill is co-authored by Sen. Bob Hertzberg, D-Van Nuys, and Sen. Nancy Skinner, D-Berkeley. Neither Hertzberg’s nor Skinner’s offices were available for comment by deadline.

The amended bill is opposed by the bail industry.

In a letter to Hertzberg’s office, William Armstrong, president of the California Bail Agents Association, wrote that, “Unfortunately, this creates a disincentive to bail out those who are innocent and those who will responsibly show up for court, turning the presumptions of innocence on its head.”

This story was originally published August 26, 2022 at 4:43 PM.