Bail has always existed and there is a right to bail in the California Constitution. The basis for the right to bail is that the court can post up money to ensure a defendant will return to court. The Humphrey decision will change the way in which the court views bail. It will not change our office’s evaluation of each individual defendant as it relates to their danger to the public and their likelihood to come back to court without a bench warrant or failing to appear, which continue to be components of bail that we will always monitor and that we will always believe is a priority. Our office considers everyone’s ability to pay bail in terms of what it looks like. The Humphrey decision may require a deviation, oftentimes from a county bail schedule to a defendant’s ability to pay whatever bail amount may have been suggested. That amount may be lowered, but it will still involve an assessment to see if the said defendant poses a danger and will they come back to court. Our office will continue to look at the same factors. The San Bernardino County District Attorney’s Office in the process of meeting with the court to figure out how we are going to work through this with individuals who are currently in custody on bail.
Link to the Supreme Court of California’s Opinion: In re Kenneth Humphrey on Habeas Corpus