Image“Across California and the nation, pretrial release and detention primarily based on cash bail are slowly being replaced with safer and fairer alternatives. In California, we are leading and experiencing reforms driven by best practices, but also pilot projects, court decisions, and legislation,” Former Chief Justice Cantil-Sakauye (2019)
Enacting Legislation
The Budget Act of 2021 (SB 129) provided funding for “the implementation and operation of ongoing court programs and practices that promote the safe, efficient, fair, and timely pretrial release of individuals booked into jail.” To support this mandate, the Judicial Council provides annual funding to superior courts for the statewide pretrial services program. The goal is to ensure that every superior court has the information and resources it needs so that judicial officers can: make pretrial release decisions using the least restrictive conditions necessary to protect public safety and ensure individuals return to court, use appropriate monitoring practices, and provide supportive services for released individuals.
Read Reports About the Pretrial Services Program
What is Pretrial Release?
Pretrial Release is when a person who has been accused of a crime and booked into custody is then released from custody, with or without conditions, before trial, with charges pending.
What is a Pretrial Services Program?
A pretrial services program provides information to judicial officers to assist in pretrial release decision-making and/or to assist a person accused with any conditions of release.
How do I find out about Pretrial services in my county?
Information about your county's pretrial service is available on your court's website. Under SB 129, courts may contract with a county department, such as the county probation department, to provide pretrial services. The Superior Courts of San Francisco and Santa Clara may contract with their local pretrial services providers to offer these services.
History of Pretrial Services in California
Learn More About Pretrial Case Law
Notable California cases
- In re Humphrey (2021)
- In re Brown (2021)
- In re Kowalcyzk (2022)
Notable Federal cases
- United States vs Salerno (1987)
See Prior Reforms Section for information on the Pretrial Pilot Program.