SJR 11 REQUIREMENTS FOR DENIAL OF BAIL, CA

Sen Ron Griggs

Actions: [2] SRC/SJC/SFC-SRC

Scheduled: Not Scheduled

 Senate Joint Resolution 11 (SJR 11) proposes to allow courts to deny bail for any criminal offense upon a finding that a defendant is dangerous and that release conditions will not reasonably protect another person or the community.  It also proposes to remove the requirement that only courts of record may deny bail.  

 Senate Joint Resolution 11 (SJR 11) proposes to amend Article 3, Section 2 of the state constitution regarding the denial of bail and the imposition of pretrial detention.  

First, it removes the requirement that only courts of record be able to deny bail. Instead, bail may be denied by any court. 

Second, it allows a defendant charged with any offense to be detained pending trial if the court finds by clear and convincing evidence that a defendant is dangerous and that release conditions will not reasonably protect the safety of any other person or the community.  

The proposed amendment is to be submitted to the people at the next general election or an any special election that may be called for that purpose. 
 

 Currently, bail can be denied only by a court of record, and only a defendant charged with a felony can be held pretrial.  Currently, bail may be denied pending trial for a defendant charged with a felony if the prosecutor proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.  

 SJR 11 relates to HJR 3, SB 122 and HB 44