Attorney General No.


Secretary of State No.



Amends state Constitution to require that monetary bail be included as a means to obtain release from jail before trial, except when arrested for specified crimes excluded under current law (i.e., capital crimes, certain felonies involving violence, sexual assault, or threat of great bodily harm). Amends state Constitution to add definition of “bail” as cash, state or federal bonds, real property, or bond posted by a licensed bail agent on behalf of a licensed surety company. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: If voters uphold the state’s pending pretrial release process, unknown net fiscal effect on state and local governments related to changes in pretrial release proceedings and the supervision of released individuals. Likely reduction in local government costs, that could reach the low tens of millions of dollars annually, from a reduction in the number of individuals or amount of time they spend detained in county jail prior to trial. If voters reject the state’s pending pretrial release process, unknown fiscal effect on state and local governments. Fiscal effect would depend on whether the Legislature chooses to establish a new pretrial release process as authorized by this measure and how such a process would function, as well as whether the Legislature could have otherwise established such a process under preexisting authority.


Thomas W. Hiltachk



Document Type