President Biden ran with criminal justice reform being a top tier issue for his campaign. In fact, ending cash bail and implementing a zero-bail system was included in his reforms. Last week, when the President released his criminal justice reform plan (going after illegal gun dealers and crime prevention programs), his press secretary was asked if the position had changed on ending cash bail. “We’ll get back with you” was the answer.
The President’s position has clearly changed. The Administration’s criminal justice reform policy document, issue on June 23, 2021, starts by citing a national crime wave and demanding national action:
Now is the time to act. With the secondary consequences of the pandemic and the proliferation of illegal guns over the same period, we have seen increased violence over the past year and a half. Homicides rose 30%, and gun assaults rose 8% in large cities in 2020. The number of homicides in the first quarter of 2021 was 24% higher than the number of homicides in the first quarter of 2020, and 49% higher than in the first quarter of 2019. Black and brown Americans are disproportionately harmed by the direct and indirect consequences of gun violence.
Instead of following the President’s lead to give law enforcement the tools to root out illegal guns and focus on the root causes of crime, the California Legislature continues to advance Senate Bill 262 – legislation that is designed to end cash bail and go to a zero-bail policy for all misdemeanors and many felonies. If passed, this legislation will fuel the continued surge of crime across California.
Who is leading the charge to Oppose this legislation?
Recently, the Colorado democratically controlled legislature rejected similar legislation, S.B. 21-62, to require no cash bail or arrests in low-level cases. The opposition was most fiercely lead by the Colorado Association of Chiefs of Police. With mounting law enforcement opposition, the author of the bill introduced new legislation in S.B. 21-273 – an attempt to gain favor with law enforcement with trivial changes to the original bill. The Chiefs and Law Enforcement stood firm.
In their statement, the Chiefs wrote:
“Recently Senate Bill 21-062 was proposed by the Colorado Senate and faced overwhelming opposition from numerous communities and law enforcement agencies across the State. Based on the information that has been provided, it appears that Senate Bill 21-062 will be pulled; however, some legislators have drafted and introduced a similar Bill, Senate Bill 21-273, to replace the highly opposed Senate Bill 21- 062. Regardless of the new number and title, the negative impacts on public safety remain the same. If Senate Bill 21-273 is approved, it will limit law enforcement officers’ ability to enforce the law and to make arrests that would be reasonable and necessary to protect the public.”
“Effectively, Senate Bill 21-273 will limit the ability of all law enforcement agencies to enforce the laws, and inevitability will compromise public safety and the quality-of-life factors that all of our citizens deserve.”
“…the risk of passing Senate Bill 21-273 will only serve to embolden and further embed criminals within the communities we proudly serve and protect. If we did not speak out against this pro-criminal legislation, we would be abdicating our oaths to protect and serve our communities.”
The California Police Chiefs Association is similarly leading the charge in opposition to S.B. 262 according to their website, along with the California District Attorneys Association and Sheriffs from across California. Chief Eric Nunez, immediate past president of the Chiefs Association, discussed the issues with implementing a no bail policy in May 2020, including an offender arrested seven times in a single day in Alameda County. He explained the significant public safety issues with the zero-bail policy in a lengthy interview, detailing in particular that the no bail policy is a “blanket” policy that denies judicial discretion and prevents Sheriffs and law enforcement from doing its job. Sheriff Livingston from the Sheriffs Association similarly said that the zero-bail policy “risks public health and safety.” And the California District Attorneys Association are also opposed to this legislation.
As national momentum shifts against these dangerous policies from coast to coast, law enforcement continue to lead the way in protecting the public – in our communities and in Sacramento.
Join them in opposing Senate Bill 262.
