SB 1133: Bail.

Existing law entitles a person detained in custody on a criminal charge for want of bail to an automatic review of the order fixing the amount of bail by the judge or magistrate.

This bill would require the court at that review to also review, among other things, whether there exists clear and convincing evidence of a risk to public safety or the victim, or a risk of flight, and that no less restrictive alternative can address that risk.

Existing law authorizes a court, after the defendant has been admitted to bail, to, upon good cause shown, either increase or reduce the amount of bail. Existing law authorizes the court, if the amount of bail is increased, to order the defendant be committed to actual custody unless the defendant gives bail in the increased amount.

The bill would make a defendant who has a nonmonetary condition of release, other than a protective order or statutorily mandated condition, entitled to an automatic review of those conditions at the next regularly scheduled court date after the defendant has been in compliance with those conditions for 60 full days. The bill would create a rebuttable presumption at that review that the conditions are no longer necessary and shall be removed if the person has remained in compliance with the condition or conditions for 60 days, and would make that presumption rebuttable by clear and convincing evidence that the conditions remain necessary to mitigate risk to public safety or to the victim, or to mitigate risk of flight, and that no less restrictive alternative can address that risk.