Existing law requires that a defendant who is in custody and is arraigned on a complaint alleging an offense that is a misdemeanor be entitled to an own recognizance release, unless the court finds that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant, as specified.

This bill would specify that public safety for these purposes includes protection from physical or economic injury.

Date of Hearing: April 23, 2024

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Kevin McCarty, Chair

ABPCA Bill Id:AB 2391

Author:(Vince Fong) – As Introduced Ver:February 12, 2024

SUMMARY:

Amends the definition of “public safety” to include protection from physical or economic injury for the purpose of the court determining whether a defendant should be released on their own recognizance in a misdemeanor case.

EXISTING LAW:

Provides that any person who been arrested for, or charged with an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested on an out-of-county warrant. A defendant who is in custody and is arraigned on a complaint alleging an offense that is a misdemeanor, and a defendant who appears before a court or magistrate on an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, as specified, that a release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Public safety shall be the primary consideration. If the court makes one of those findings, the court shall then set bail and specify the conditions, if any, under which the defendant shall be released. (Pen. Code §1270, subd. (a).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "California is plagued with financial scams and fraud that targets vulnerable people who sometimes lose their life savings to these crimes. AB 2391 will create universal clarity and uniformity to the bail-setting structure to ensure that judges consider the economic and financial safety of the community when determining bail for a defendant. Through redefining the definition of safety to include economic safety, California’s courts will be better equipped to set bail across the state and keep the public safe. AB 2391 will ensure that Californians will be better protected from fraudsters, scam artists, and white-collar criminals who are at a higher risk to re-offend prior to their court hearing.
   
2. Argument in Support: According to the California State Sheriffs’ Association, “Assembly Bill 2391, which would, in certain situations related to pretrial releases, specify that the term “public safety” includes protection from physical or economic injury.

“When determining whether to release an arrested person on their own recognizance or to set bail, in certain circumstances, a court must consider whether a release will compromise public safety. There is concern that the term “public safety” may be vague and not interpreted to include financial risk to persons or the community.

“AB 2391 makes this important clarification so that protection from potential economic injury is considered in addition to the risk of physical injury.”

1. Argument in Opposition: According to the California Public Defenders Association, “Neither the Constitution, nor the case law interpreting it provide “economic injury” as a consideration when assessing “public safety.” The California legislature’s role is not to interpret the California Constitution, and further it is arguably a violation of separation of powers for the legislature to attempt to do so. This is the job of the courts, and the courts are best in a position to interpret the law. Indeed, the California Supreme Court has granted review in a case in which the issue of the meaning of public safety and the right to bail/own recognizance release will be addressed. See In re Kowalczyk (2022) 85 Cal.App.5th 667 (review granted).

“Moreover, this bill targets individuals accused of theft related misdemeanors who have not been convicted of any crime. Holding people in custody pending adjudication of their cases does not prevent crime, and indeed may increase recidivism. When people are jailed before trial, they are needlessly separated from their families and communities; they stand to lose their jobs and housing, and are forced to face the unsanitary, traumatic, and sometimes fatal conditions in county jails. Detaining more people pretrial in county jails is bad policy. The families of the people detained suffer and may fall into homelessness as a result.”

REGISTERED SUPPORT / OPPOSITION:

Support

Arcadia Police Officers' Association
Burbank Police Officers' Association
California District Attorneys Association
California Reserve Peace Officers Association
California State Sheriffs' Association
Claremont Police Officers Association
Conference of California Bar Associations
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Peace Officers Research Association of California (PORAC)
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
Santa Ana Police Officers Association
Upland Police Officers Association

Oppose

ACLU California Action
California Alliance for Youth and Community Justice
California Attorneys for Criminal Justice
California Coalition for Women Prisoners
California Public Defenders Association
Californians for Safety and Justice
Californians United for A Responsible Budget
Communities United for Restorative Youth Justice (CURYJ)
Ella Baker Center for Human Rights
Fair Chance Project
Felony Murder Elimination Project
Freedom 4 Youth
Friends Committee on Legislation of California
Initiate Justice
LA Defensa
Legal Services for Prisoners With Children
San Francisco Public Defender
Silicon Valley De-bug
Smart Justice California, a Project of Tides Advocacy
Uncommon Law
Vera Institute of Justice
Young Women's Freedom Center

Analysis Prepared by:

Gregory Pagan / PUB. S. / (916) 319-3744