Summary
California Supreme Court case to review a lower court decision that granted Kenneth Humphrey a new bail hearing in which inquiry must be made on his ability to pay money bail. If unable to pay money bail, non-monetary alternatives must be addressed. Humphrey, a repeat offender, was charged with robbery and burglary. Bail was initially set at $600,000, then later reduced to $350,000. Humphrey's request for pretrial release on his own recognizance without financial conditions was denied. Humphrey was unable to post bail and remained detained pretrial. Humphrey filed a petition for a writ of habeas corpus, arguing that the trial court's failure to inquire into his financial circumstances and to not consider less restrictive alternatives to money bail was a violation of his constitutional rights. CJLF joined the case to argue that public and victim safety are the primary considerations to be evaluated by a court when initially deciding whether an arrestee is eligible for pretrial release, and, if eligible, what type of pretrial release is appropriate under the circumstances’money bail or release on own recognizance without financial conditions. The trial court found that Humphrey was ineligible for release on his own recognizance because of his danger to public safety and as a "flight risk." To release Humphrey on an amount that he could afford, or on other less restrictive alternatives, would essentially permit his release on his own recognizance, which is contrary to the trial court's findings regarding his danger to victim and public safety. The California Supreme Court held that trial courts must consider an arrestee’s ability to pay when setting the amount of money bail.
