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Mitchell, Leslie Subject: FW: [External] HELP STOP Senate Bill 10 &Assembly Bill 42 - Bail: Pretrial Release From: david schippell [mailto:americabobcat @msn.com] Sent: Friday, May 26, 2017 4:09 PM To: Morton, Sherry<SMorton @riversideca.gov> Subject: [External] HELP STOP Senate Bill 10 &Assembly Bill 42- Bail: Pretrial Release Ms. Colleen Nicol, I am writing to express my opposition to Senate Bill 10 and Assembly Bill 42 that are currently pending before the California legislature. First, I don't think it is the right time for the State to be eroding the constitutional right to post bail in order to be immediately released from jail. While some changes may be needed in the bail system, the fundamental constitutional right to bail, which currently includes having a bail schedule that allows someone to be released on nights and weekends, should remain as it is today. Otherwise, defendants' liberty will be at the whim of under-resourced Courts, who would have to set a bail in all criminal cases in California. That can't happen overnight. Second, the new system under this legislation severely reduces the rights and protections of victims of crime. The repeal of California Penal Code 1270.1, which requires a hearing in open court to deviate from the schedule of bail in violent felonies and Section 273.6 domestic violence crimes (threats to kill or harm, domestic violence in the home or workplace), is a problem. While it is argued that all of these cases must now go before a judge, the problem is that there is no standard condition of bail from which to deviate since there are no bail schedules under this legislation, meaning the presumptive bail that serves to either secure release of a defendant or result in his detention is eliminated. In addition, the procedure that allows for law enforcement to immediately petition for a bail increase in domestic violence restraining order cases is repealed. Third, the legislation will effectively end bail as we know it and replace it with supervision, free criminal UBER rides to court, phone calls, drug and alcohol screenings, home detention, and a web of electronic correctional technology that will all be paid for by the State and erode the rights of defendants. Every county will be required to set up a pre-conviction probation program, create computers to predict new crimes, write reports to judges in every case, and have garages full of GPS and other ankle monitors to install on most defendants who will be released. Finally, the legislation says that a judge cannot impose a bail that someone cannot afford without substantial hardship, which would effectively eliminate bail. The system of bail has been operated in California by small, multigenerational, minority and women owned entrepreneurs who have successfully guaranteed the appearance of defendants in court for two centuries. I believe SB-10 and AB-42 will make communities less safe, cost taxpayers millions, all while harming a private industry that does a good job at managing the pretrial release of thousands of offenders. david schippell 2295 mt.vernon ave. riverside, CA 92507 1