California's Senate Bill 10 (SB 10), also known as the California Money Bail Reform Act, was enacted to eliminate California's traditional cash bail system.

Under SB 10, a defendant's pretrial release is no longer determined by their financial ability to pay cash bail, but rather by an objective court assessment of their perceived risk to public safety and flight risk.

Enforced across California criminal courts—including Los Angeles County—SB 10 replaces monetary bail with a risk-based pretrial assessment system.

For individuals facing criminal charges, the primary legal battleground under SB 10 centers on challenging pretrial risk evaluations to secure immediate release without detention.

Direct Definition & Statutory Breakdown

Statutory Definition: Senate Bill 10 abolishes monetary bail across California, establishing a framework where pretrial detention or release conditions are dictated by an automated and judicial risk-assessment protocol rather than financial payment.

Unlike the historic monetary bail system, which allowed defendants with financial resources to post bail immediately, SB 10 evaluates defendants using standard risk categories.

How California Pretrial Risk Assessments Work

Under SB 10, the cornerstone of the pretrial release process is the Pretrial Services Risk Assessment. Operating shortly after an arrest, pretrial services evaluates multiple factors to classify defendants into risk tiers.

Judges and risk assessment officers review specific criteria to determine whether a defendant poses a threat to public safety or a risk of failing to appear in court:

• Severity of the Offense: Whether the arrest involved a violent felony or a non-violent misdemeanor.

• Injury to Victims: Factoring in whether physical harm or threats occurred during the alleged offense.

• Criminal History: Reviewing prior convictions, outstanding warrants, and past failures to appear (FTA).

• Restraining Orders: Evaluating any violations of protective orders within the preceding 5 years.

• Pending Proceedings: Checking if the arrest occurred while the defendant was out on bail or probation for another case.

Historical Context: In re Humphrey & The Elimination of Cash Bail

The legislative momentum behind SB 10 was heavily influenced by the landmark California Court of Appeal decision, In re Humphrey.

In Humphrey, the court condemned the practice of "preventive detention"—setting unachievable cash bail amounts that force indigent defendants to remain incarcerated prior to trial.

The court recognized that traditional cash bail created a two-tiered justice system where wealthy defendants could purchase their freedom, while poor defendants remained jailed regardless of public safety risk.

Furthermore, pretrial incarceration significantly increased the likelihood that defendants would accept unfavorable plea bargains simply to obtain a faster release.

Prohibited Pretrial Releases Under California Penal Code § 1320.10

While low-level offenders benefit from rapid release under SB 10, California Penal Code § 1320.10 establishes extensive statutory exceptions in which immediate release before arraignment is strictly prohibited.

Under PC § 1320.10, arrestees falling into the following categories must remain in custody until a judge conducts a formal release hearing at arraignment:

1. Violent or Serious Felonies: Any arrest classified under Penal Code § 667.5(c) or § 1192.7(c).

2. Domestic Violence Charges: Arrestees charged with misdemeanor or felony domestic abuse under PC § 273.5 or PC § 243(e)(1).

3. Restraining Order Violations: Anyone arrested for violating a civil, criminal, or domestic violence protective order within the last 5 years (PC § 1320.10(e)(6)).

4. Offenses Committed While On Release: Arrestees charged with a new crime while pending trial or sentencing on a separate felony or misdemeanor charge.

Under the historic cash bail system, many of these arrestees could secure release within 6 to 12 hours by posting a commercial bail bond (typically $20,000 to $50,000). Under SB 10, these individuals must remain jailed until a judge evaluates release conditions during arraignment.

Related California Pretrial & Bail Reform Laws

Understanding related California criminal procedure codes is essential because pretrial release disputes often involve overlapping statutes governing detention, bail hearings, and constitutional rights.

• California Penal Code § 1269b: Governs county bail schedules and procedural rules for authority to accept bail and order release.

• California Penal Code § 1275: Outlines criteria judges must evaluate when setting bail or release conditions, including public safety and seriousness of the offense.

• California Penal Code § 1270: Establishes standards for Own Recognizance (OR) release for non-capital offenses.

• California Penal Code § 825: Requires that an arrested individual be brought before a magistrate for arraignment within 48 hours of arrest (excluding Sundays and holidays).

• California Constitution, Art. I, § 12: Guarantees the constitutional right to pretrial release on bail, except for capital crimes or violent offenses where public safety is compromised.

Key Defense Strategies at Arraignment & Pretrial Hearings

When a defendant is detained under Penal Code § 1320.10 or classified as moderate-to-high risk, an experienced criminal defense team can implement targeted strategies to secure pretrial release:

1. Rebutting Risk Assessment Scores

Challenging inaccurate data points used by Pretrial Services, such as misclassified prior arrests, outdated failures to appear, or incorrectly categorized offenses.

2. Proposing Least-Restrictive Non-Monetary Conditions

Advocating for tailored release conditions that satisfy public safety concerns without incarceration, such as electronic monitoring (GPS), court check-ins, or voluntary rehabilitation enrollment.

3. Demonstrating Community Ties & Stability

Presenting evidence of long-term local residence, steady employment, family support, and community involvement to prove the defendant is not a flight risk.

4. Establishing Absence of Public Threat

Providing witness statements, context, or evidentiary defenses demonstrating that the alleged conduct was isolated and poses no ongoing danger to victims or society.

Case Study: Securing Release in a Restricted PC § 1320.10 Misdemeanor Case

The Allegations

A client was arrested in Los Angeles County for misdemeanor domestic battery and violating a temporary restraining order issued three years prior. Under Penal Code § 1320.10, the client was ineligible for immediate booking release and faced mandatory pretrial detention pending arraignment.

The Defense Strategy

Defense attorneys at Eisner Gorin LLP immediately intervened prior to the arraignment hearing:

• Verifying Compliance History: Defense counsel gathered documentation showing the client had no other criminal record and had fully complied with all court directives since the initial civil dispute.

• Arranging Proactive Protective Measures: The defense coordinated voluntary enrollment in counseling and proposed a formal No-Contact Order to eliminate potential safety concerns.

• Contesting Risk Level: Counsel argued before the magistrate that keeping the client incarcerated would cause job loss, while supervised release met all public safety metrics.

Outcome

The judge agreed with the defense's proposed release conditions, ordering the client released on Own Recognizance (OR) with electronic monitoring at arraignment, avoiding weeks of continued pretrial detention.

Frequently Asked Questions

What is California Senate Bill 10 (SB 10)?

California Senate Bill 10 is legislation enacted to eliminate the cash bail system in California, replacing monetary bail requirements with a risk-based assessment system that evaluates a defendant's risk to public safety and flight risk before granting pretrial release.

How does the risk assessment system determine pretrial release?

Pretrial Services uses an algorithmic and observational evaluation that categorizes arrestees as low, moderate, or high risk. The evaluation factors in the severity of the current charge, criminal history, history of court appearances, and potential threat to public safety.

Can someone arrested for a misdemeanor still be held in custody without bail?

Yes. Under California Penal Code § 1320.10, individuals arrested for specific misdemeanors—such as domestic violence charges or restraining order violations within the past 5 years—cannot be released immediately before arraignment and must remain in custody until a judicial hearing.

What happens at a pretrial release hearing under SB 10?

At arraignment or a specialized pretrial hearing, the prosecutor and defense attorney argue the defendant's risk score. The judge then decides whether to release the defendant on their own recognizance, release them with non-monetary conditions (like GPS tracking), or order pretrial detention.

How do I contact a defense lawyer for a pretrial bail hearing in Los Angeles?

If you or a loved one is facing criminal charges and awaiting a pretrial release hearing, contact Eisner Gorin LLP for a case review.

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