Proposition 25, officially the Referendum to Overturn a 2018 Law That Replaced Money Bail System with A System Based on Public Safety Risk, is a
California ballot proposition
In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote (or plebiscite). If passed, it can alter one or more of the articles of the Constitution of Cal ...
that appeared on the ballot for
the general election on November 3, 2020. The "no" side prevailed, resulting in retention of the system of
cash bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
In some countrie ...
in the state.
The proposition was a veto-referendum that was placed on the ballot by the American Bail Coalition.
Placed on the ballot via petition, it is a referendum on 2018's Senate Bill 10, which would have replaced the state's cash bail system with a risk assessment-based bail system, which uses an algorithm to determine whether a suspect should be released. SB 10 had been signed into law in August 2018, and had been scheduled to take effect on October 1, 2019.
The fate of California’s cash bail industry will now be decided on the 2020 ballot
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A "yes" vote on Proposition 25 was to uphold the contested legislation to replace cash bail with risk assessments, and a "no" vote was to repeal the contested legislation, and continue the system of cash bail.
Background
As of 2019, California used a cash bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
In some countrie ...
system to release criminal suspects awaiting trial and to ensure that they return for their court dates. On August 28, 2018, then governor Jerry Brown
Edmund Gerald Brown Jr. (born April 7, 1938) is an American lawyer, author, and politician who served as the 34th and 39th governor of California from 1975 to 1983 and 2011 to 2019. A member of the Democratic Party, he was elected Secretary of ...
signed SB10, which ended the use of cash bail, replacing it with a risk assessment. The American Bail Coalition, a trade association, organized and led the effort to repeal this legislation.
Support
The California Democratic Party supported the Yes on Proposition 25 campaign, as did Governor Gavin Newsom
Gavin Christopher Newsom (born October 10, 1967) is an American politician and businessman who has been the 40th governor of California since 2019. A member of the Democratic Party, he served as the 49th lieutenant governor of California f ...
and Assembly speaker Anthony Rendon
Anthony Michael Rendon (, ; born June 6, 1990) is an American baseball third baseman for the Los Angeles Angels of Major League Baseball (MLB). He has previously played for the Washington Nationals and was a member of the Nationals' 2019 World ...
. In addition, the Service Employees International Union
Service Employees International Union (SEIU) is a labor union representing almost 1.9 million workers in over 100 occupations in the United States and Canada. SEIU is focused on organizing workers in three sectors: healthcare (over half of members ...
and the California Medical Association
The California Medical Association (CMA) is a professional organization based in California that advocates on behalf of nearly 50,000 physicians in legislative, legal, regulatory, economic, and social issues. The organization was founded in 1856 ...
supported Yes on Proposition 25.
Opposition
Various groups argued against Proposition 25, and hence against SB10.
The California Peace Officers' Association and the California Bail Agents Association opposed SB10.
In addition, civil rights advocates argued that the algorithm should not be used for release decisions, and that SB10 did not sufficiently address supposed racial biases in the criminal justice system. The California Conference of the NAACP and Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
opposed SB10 for similar reasons.
Polling
Results
Notes
References
2020 California ballot propositions
Bail in the United States
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