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CA SB210

Bill

Status

Engrossed

1/26/2012

Primary Sponsor

Loni Hancock

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Authorizes courts to determine at arraignment whether defendants charged with felonies punishable by county jail imprisonment may be released on their own recognizance, with public safety as the primary consideration.

  • Allows courts to impose reasonable conditions on own recognizance release (including supervision by local agencies) and requires bail to be set if release would compromise public safety or fail to ensure appearance.

  • Expands bail-setting factors to include defendant's history and characteristics, nature and circumstances of the offense, and employment/community ties; requires courts to consider these same factors when determining pretrial release conditions.

  • Requires pretrial investigation reports (including evidence-based risk assessments) before releasing defendants on own recognizance in cases involving violent felonies or specified vehicle code violations; permits such reports in other cases.

  • Establishes pretrial investigation reports as confidential documents sealed upon receipt by the court and available only to criminal justice agencies, treatment providers, and defense counsel.

Legislative Description

Criminal procedure: release on defendant's own

Last Action

Read third time and amended. (Page 6086.) Ordered to third reading.

8/22/2012

Committee Referrals

Public Safety4/12/2012
Appropriations1/10/2012
Public Safety2/17/2011
Rules2/8/2011

Full Bill Text

No bill text available