Judicial Council of California will vote to end coronavirus rules, including $0 bail
California courts leaders will decide this whether to end temporary emergency rules implemented throughout the state’s judicial system to slow the coronavirus spread, including a mandate that suspended cash bail for suspected lower-level offenders.
The decision to temporarily end cash bail was a move that was heavily criticized by law enforcement officials in California as accused suspects were released from jail as they awaited criminal prosecution only to be arrested on suspicion of other crimes soon after.
California Chief Justice Tani Cantil-Sakauye has said these emergency measures were needed to slow the spread of coronavirus, which causes the infectious respiratory disease COVID-19, in cell blocks and in courtrooms.
Suspending cash bail for alleged misdemeanors and lower-level felonies helped jails throughout the state to reduce its population by more than 20,000 people, according to a news release from the Judicial Council of California.
California has jailed 21,700 fewer people — nearly one-third of its daily population — in county lockups since the new coronavirus hit the state. Prisons are holding about 5,500 fewer inmates than they did in late March.
Those accused of violent felonies, offenses requiring sex offender registration, domestic violence, stalking or driving under the influence were not eligible for the no-cash bail. Law enforcement officials could petition a judge to raise or deny bail if there was concern for public safety, according to the judicial council.
“Despite being in uncharted territory, crime rates stayed at historic lows and the vast majority of people released on the COVID-19 bail schedule did not reoffend,” Justice Marsha Slough, a Judicial Council member, said in the news release. “We are gratified that courts, prosecutors, defense attorneys, and law enforcement officials worked together in many counties to guard both public safety and the community’s health.”
She said the Judicial Council is urging local courts to continue to use the emergency COVID-19 bail schedules when necessary to protect the public’s health, court staff and those incarcerated.
If the council decides to vote to reinstate cash bail for low-level offenses, it will become effective June 20. The council’s votes will be taken by circulating order with the vote deadline on Wednesday, according to the news release.
At the same time, the Judicial Council will consider whether to support the chief justice in rescinding her statewide order that extended time for defendants to be arraigned. That means defendants in custody again would have to be arraigned within 48 hours of their arrest.
Along with the vote to reinstate cash bail, the Judicial Council will decide this week whether to amend emergency rules that currently stay eviction actions and court foreclosure actions, changing the sunset date of those rules to Aug. 3. The stays on evictions and foreclosures was implemented, because most courts were unable to handle non-urgent civil cases when the COVID-19 pandemic reached dangerous levels in March.
“Housing policy decisions are usually left to the state Legislature, which was unable to hold sessions during the statewide shelter-in-place order,” Judge Marla Anderson, chairwoman of the Judicial Council’s legislation committee, said in the news release. “With the Legislature back in session, lawmakers can address any measures needed to protect the homes and businesses of those affected by the pandemic.”
Martin Hoshino, Judicial Council administrative director, said the council acted quickly to safely reduce jail populations, along with halting evictions and foreclosures, during a global health crisis.
“These rules achieved their goals to reduce harm, save lives and help ‘flatten the curve’ of the pandemic,” Hoshino said in the news release. “As a result, 51 California counties and our courthouses have started a phased, safe reopening. A statewide rule no longer serves our need to be flexible and responsive based on local health conditions.”
Officials said the Judicial Council could reinstate these emergency measures if health conditions worsen or change.
Its vote to decide whether to reinstate cash bail comes as prison officials are expected to allow transfers of convicted inmates from jails in all 58 counties to state prisons by June 19, which will continue to reduce jail populations, according to the news release.
This story was originally published June 8, 2020 at 8:24 PM with the headline "Judicial Council of California will vote to end coronavirus rules, including $0 bail."
