If Proposition 25 passes, it would eliminate cash bail, which requires suspects to pay a cash bond to be released from jail while waiting for their trial.
This measure is a referendum, a special kind of ballot measure asking voters to approve or reject a law passed by the Legislature. In this case, it’s the fate of a 2018 law abolishing cash bail in California.
Companies representing the bail industry quickly gathered signatures on a referendum after the law was signed. As a result, it’s been on hold and is awaiting a final decision by voters this fall.
That the bail companies sought a second opinion isn’t surprising. The historic law would eliminate the industry’s practice of offering cash to those who can’t afford to pay for early release. Instead, the law gives judges wide discretion to decide who can be released prior to trial. Defendants deemed to be a danger to the community could be held under a policy known as “preventive detention.”
A wide array of state officials, including California’s chief justice, supports the law. Civil rights groups, in particular, say the cash bail system too often has led to decisions based less on public safety and more on the ability to pay.
Voters who say “yes” on this measure will be giving their approval of the law to end cash bail. Voters who say “no” will be rejecting the law and affirming the system as it has existed for decades.
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