Rich Pedroncelli / AP
California will be the country's first state to abolish bail for suspects awaiting trial, according to Governor Jerry Brown's comprehensive reform bill on Tuesday.
A revision of the state bail system has been in progress for years and became inevitable this year when an appellate court in California declared the state's cash-drawer system unconstitutional. The new law will enter into force in October 2019.
"Today, California is reforming its bail system to treat the rich and the poor equally fairly," Brown said shortly after signing the California Money Bail Reform Act  The governor has been waiting nearly four decades to clear the cash Renew bail system of the state. In his State of the State address in 1979, Brown argued that the existing process was biased and favored the well-to-do who could afford to pay for their freedom and punish the poor, who would often be held in custody.
A fairer criminal justice system is not complete, but today it has made a transformation away from valuing private wealth and protecting public safety, "said Sen. Robert Herzberg, a co-author of the law, in a statement." California will continue to point the way to a safer and fairer system. "
Washington, DC, already has a cashless bail system, and other states, including New Jersey, have enacted laws that reduce their dependency on cash deposits, and other states
Under California law, detainees and defendants will not raise money or lend money from a bond office to obtain their release, instead local courts will determine who remains in custody and who they release while they are Waiting for the process These decisions are based on an algorithm used by the courts in each jurisdiction.
In most non-violent cases of offenses, defendants would be released within 12 hours. In other cases, the defendants are judged on the likelihood that they will appear at their court hearing, how serious their crime is, and how likely their recidivism is.
Some people may be released under other conditions, including surveillance by GPS or regular check-in with an officer
The goal of the legislation is to eliminate human bias in legal proceedings, but critics argue that the new system, created by the courts, which is in danger of sustaining discrimination.
The American Civil Liberties Union of California, an original co-sponsor of the law, withdrew its support, arguing that last-minute changes give judges too much discretion in deciding under what circumstances individuals are released or held in custody become.
We are concerned that the system created by this bill is under arrest and does not have sufficient guarantees to ensure racial justice in the new system, "said Natasha Minsker of ACLU to NPR:
Raj Jayadev, co-founder of the advocacy organization Silicon Valley De-Bug, said like the ACLU that his group was a former backer of the bill. Finally, as it is written, he told the Sacramento Bee that the law discriminates against the poor.
"They took our call to end the money bail and used it against us to further threaten and criminalize and incarcerate our Companions. "
And it's the end of the state's bail-out industry.
" We're gone. We're done. As of today, the bail industry will begin to close its doors, "said Topo Padilla, president of the Golden State Bail Agents Association, NPR said the Wall Street Journal said that this could affect 7,000 jobs, even though Jeff Clayton, president of the American Bail Coalition, told the NPR station KQED, said the bail-out industry is likely to sue and put the law on hold.
Padilla argued against the law is bad for the people of California.
The law "ties in with taxpayers funding of 100 percent of all pre-release programs "and will result in people increasingly being held in custody, he said.