BY Jesse Black | October 7, 2021

Back in 2020, a bill to reform the bail industry—Zero Bail— died in the State of California. It’s been stated that this is a direct result of several high-profile crimes committed by criminals who were released without regard to bail.

Authored by Senator Bob Hertzberg, the new version of the bill—Senate Bill 262—says that by 2023, the Judicial Council would annually revise a statewide bail schedule. Additionally, the Judicial Council would also need to “consider the seriousness of the offense charged and input from stakeholders, experts, and other interested parties when coming up with said schedule each year.”

As a result, the court would need to consider two things:

• If non-financial conditions were enough to protect the public and victims
• If the charged person or accused who makes his or her court date

If bail is granted, a bail bondsman could charge no more than a five percent surcharge fee.

Hertzberg’s initial motive for writing the bill was to reform the bail industry. He said, “Justice is tenacious. Anyone who thought last year’s deceptive campaign by the money bail industry would stop California’s march toward a safer, more just system was gravely mistaken. Even the bail industry knows that cash bail is profoundly unconscionable. Fundamental fairness and basic human decency demand we make decisions about who stays in jail on the facts of the case and the risk to the public, not the balance of someone’s bank account. This fight is only beginning, and we’re in it for the long haul.”

Senate Bill 262 first appeared as Zero Bail but was rejected by California voters in 2020 before being introduced as legislation in January 2021 by Hertzberg. While Senator Hertzberg doesn’t have enough votes in the Assembly for Senate Bill 262 to pass before the end of the legislative session, according to California bail agents, that doesn’t seem to be stopping him. Instead, Hertzberg is still moving forward with the bill.

Specifically, Senate Bill 262 states: “(a) The pretrial justice system in California is fundamentally broken. Not only has it failed to achieve its stated objectives of preventing recidivism and assuring court appearance, but it has significantly eroded a sacred principle in our criminal justice system: the presumption of innocence.”

In layman’s terms, this bill would set bail at $0 for misdemeanors and low-level felonies in the State of California. Further, money that has been paid for bail or bond would later be refunded when or if the charges against the accused were dropped, if the case gets dismissed, or the accused doesn’t miss any of his or her court appearances.

The idea behind Senate Bill 262 seems simple: To ensure that an individual isn’t kept behind bars pending trial solely because he or she can’t afford the set bail. But is there really more to it?

An unnamed bail bond agent commented on the matter by saying: “Sen. Hertzberg doesn’t have enough votes in the Assembly for SB262 to pass. Hertzberg had to amend SB262 with his Crayons. Zero Bail was a no-go. All that’s left is a direct attack on the private industry; Hertzberg wants 95% of the premium refunded if no criminal complaint is filed within 60 days of arrest or if a defendant makes all the court appearances. Bail bond agencies may only keep a 5% surcharge. On a $10,000 bond, that’s $50. I don’t know any business that can operate in the red.”

Is this a personal attack on the bail industry? Does Senator Hertzberg have a vendetta or ulterior motive for wanting to move forward with a bill that has already been denied? Share your thoughts and concerns on the matter by commenting below.