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The California State Assembly passed legislation abolishing the money bail system, which many consider an important step in reforming the state’s criminal justice system.

SB 10, the California Money Reform Bail Act, is going back to the State Senate after a 47-31 vote from the assembly on Monday. The State Senate will decide whether to send the bill to Gov. Jerry Brown for final approval.

State Sen. Bob Hetzberg (D-Van Nuys) and Assemblymember Rob Bonta (D-Oakland), together with other lawmakers, introduced the bill.

In a statement, Hertzberg commented, "Eliminating wealth as a determination in pretrial detention would be a groundbreaking first step in making our criminal justice system fairer and safer.”

In addition, he said the state legislature will “continue to examine bail reform.” It will also keep strengthening SB 10’s data collection and reporting requirements to evaluate its progress.

Bonta said, “Today’s vote is a clear victory for justice, fairness and safety. We are now a giant step closer to becoming the first state in the nation to abolish the fundamentally broken for-profit, predatory money bail system.”

Additionally, Bonta stated that “Californians deserve a better” criminal justice system that determines the pre-trial release of defendants based on the size of their risk, not the size of their wallet. 

ACLU of California Opposes Amended Version of SB 10

On Monday, the American Civil Liberties Union of California pulled its support for SB 10. The organization explained that it is opposing the amended version of the legislation "because it seeks to replace the current deeply flawed system with an overly broad presumption of preventative detention.”

The ACLU says it is “not the model for pre-trial justice and racial equity” the organization envisioned and worked for. The organization emphasized that SB 10 “cannot promise a system with a substantial reduction in pre-trial detention." The organization says it also does not provide sufficient due process or adequate protection against racial bias and other disparities.

Despite its opposition, the ACLU of California expressed its commitment to working with the state legislature to develop a strong and fair justice system for all Californians.