California high court: Judges must weigh ability to pay bail
Source: Associated Press
SACRAMENTO, Calif. (AP) — The California Supreme Court ruled Thursday that judges must consider suspects’ ability to pay when they set bail, essentially requiring that indigent defendants be freed unless they are deemed too dangerous to be released awaiting trial.
“The common practice of conditioning freedom solely on whether an arrestee can afford bail is unconstitutional,” the justices said in a unanimous decision.
Judges can require electronic monitoring, regular check-ins with authorities or order the suspect to stay in a shelter or undergo drug and alcohol treatment, the justices said — conditions that “in many cases protect public and victim safety as well as assure the arrestee’s appearance at trial.”
However, “what we hold is that where a financial condition is nonetheless necessary, the court must consider the arrestee’s ability to pay the stated amount of bail — and may not effectively detain the arrestee ‘solely because’ the arrestee ‘lacked the resources’ to post bail.”
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By DON THOMPSON
28 minutes ago
Read more: https://apnews.com/article/california-coronavirus-pandemic-courts-2d3308b0ba10cbdd85f5d3ab807abfff
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