NO SB 10! Fact Sheet

Open Letter to Bail Industry

SB 10 is a bad deal. This bill ends the money bail system, but at too steep a price: more incarceration. Stop this bill. Assembly members vote Monday, August 20th. Contact your legislator immediately.

  • SB10 passing means a minimum of TWO WEEKS of incarceration is inevitable and unavoidable for nearly anyone arrested. This is incarceration without any due process — people can be held because of their alleged charge, past contact with the system, and predictive risk assessment tools which reflect the racial disparity of the criminal justice system. As we know, lives can be destroyed in a matter of just a few days of incarceration. SB10 only promises to magnify the damage of pretrial detention.
  • SB10 passing means ANYONE arrested is eligible to be incarcerated before trial. Right now the people who are eligible to be released are limited to a small and specific group of charges. If SB10 passes, prosecutors could argue “Preventative Detention” is appropriate in any case. In a blatant affront to the presumption of innocence, SB10 even presumes detention for a large number of people. Under SB 10, more people will be coerced into giving up their right to trial and take plea deals, just to get out of jail pretrial.
  • SB 10 passing means more and disproportionate incarceration of Black, Brown, and low-income people. SB10 does not safeguard against risk assessment tools relying on data correlated with race, nor does SB10 provide oversight for racially biased implementation. SB 10 passing places control of the scoring system of the risk assessment tools entirely in the hands of the judiciary, thus allowing judges to make the high risk category as large or small as they desire in order to justify whatever rate of pretrial incarceration they choose. And without defining the terms “high” , “medium”, or “low” risk, the implementation of these tools could result in the detention of 90% of all arrestees – affecting communities of color most harshly.
  • SB passing means an improper expansion of the Department of Probation’s power to oversee and interfere in the lives of legally innocent people. SB10 designates Probation as the provider of Pretrial Services as well as being in charge of the assessments of “risk. Individuals who are pretrial should have access to services for getting back to court. SB 10 instead makes surveillance rather than community-based services inevitable for people released pretrial.

Real bail reform is possible. Real bail reform ends money bail and leads to less incarceration, generates no profit for government or private industry, has meaningful community oversight, provides more services to people, decreases correctional budgets, protects people in communities,, focuses on need rather than risk, has no direct cost to individuals and families, does not surveil people in their homes using inhumane technologies like electronic monitoring, and reduces racial disparities in the criminal justice system