Sweeping California court reform eliminates cash bail

California is getting rid of cash bail, replacing it with a system that supporters say will value safety over private wealth.

Governor Brown signed the bill into law Tuesday, which changes who stays in jail and who doesn’t after an arrest.

“The system is not safe,” said Sen. Robert Hertzberg of Los Angeles, who co-wrote the bill. “The Chief Justice says the current money bail is neither safe nor fair. I think what you’re going to see now is safe and fair.”

Currently, those who pay their way can be bailed out of jail, while those who can’t must stay.

“If they have money they can post bail and be out regardless of the seriousness of the crime, said Riverside County District Attorney Mike Hestrin. “People without resources they don’t have that luxury.”

Under the new system, the release of defendants leading up to their trial will depend on an assement of their risk to public safety — high, medium or low. The assessment is left up to the judge.

“I also like the fact that judges are gonna make the decision of whether the public needs to be protected from this individual regardless of their wealth,” Hestrin said.

Cynthia Lewis, a bail agent, expressed concern that those charged with serious crimes aren’t always guilty.

“Everyone has a constitutional right to bail and get out of jail while their case is pending,” Lewis said. “Even though they may be arrested for a very serious charge a lot of times these charges are lessened or sometimes people are actually innocent of the charges.”

She said she hopes the new bill doesn’t put her out of business.

“That is our hope is that the bail bond system stays in effect,” Lewis said.

Another concern is that, without fines, people who get out of jail won’t come back to court on their own. District Attorney Hestrin said failure to appear is already a problem in the court system.