In In re Humphrey (2021) 11 Cal.5th 135, the Supreme Court held that conditioning pretrial
release from custody solely on whether an arrestee can afford bail is unconstitutional and
articulated a framework for bail determinations based on public and victim safety. To assist
courts with making and recording the appropriate findings and orders for pretrial release as
articulated in In re Humphrey and the California Constitution, the Criminal Law Advisory
Committee proposes a new form for optional use.