Had the bail bond industry not called for a referendum on California legislature’s attempt to end the state’s cash bail system two years ago, California voters would not have to brush up on what Proposition 25 entails to criminal suspects today. However, the bail bond industry did, and the attempt to diminish the cash bail system has been on hold since, but voters this year have the opportunity to use their voice and vote for what they believe will be the best option. But what is Proposition 25? 

In short, it aims to “replace the cash bail system with risk assessment instead,” says Adrienne Alpert for ABC7 News. Meaning that instead of paying a set amount of money to bail out of jail until your court hearing, you will be let out based on criteria that would need to be met that will determine you either; low-risk, medium-risk, or high-risk to society. 

If you are a low-risk criminal suspect, this means that you are low risk of being a danger to society while you are released and awaiting your trial, as well as at low risk of skipping your trial. Where low-risk individuals get released, high-risk individuals must remain in jail, and medium-risk individuals have the opportunity to be either released or kept; however, it would be entirely dependent upon the regulations of the local governments on the matter. 

The idea behind eliminating the need for cash bail systems with Proposition 25 comes from the notion that cash bail is predominantly about the ability to pay the bail, rather than to ensure an individual’s show up for their court date or that they stay in jail as means to protect society. According to the Los Angeles Times, “California has been trying to rid itself of money bail for decades, but every effort has been turned back by the bail bond industry and the insurance companies that support them. A bill to finally eliminate bail — known as Senate Bill 10 — was signed into law in 2018, and of course, the bail bond industry responded with a campaign to suspend the law and let voters decide its fate. That’s where we are now. Proposition 25 would put the long-delayed law into effect, end the bail industry in California and end the use of wealth or poverty to determine whether a person accused of a crime stays in jail or goes home before trial.”

As stated in BallotPedia.org, “The state’s countywide superior courts were responsible for setting cash bail amounts for crimes, and judges were permitted to adjust the cash bail amounts upward or downward.” Their ability to do so frequently leads to amounts of money set for bail to be higher than what fits the crime. Many times, individuals either have trouble posting bail or just do not altogether. 

The idea that the current bail system is in place to ensure citizens’ safety is simply not the whole truth. In reality, the way the current system is run seems to be designed to  enrich bail bonds companies while keeping suspected criminals locked uprather than to guarantee the individual will make their appearance in court. The end to the cash bail system gives a fair chance and opportunity for the poor and rich alike, unlike in the current state in which the poor, more often than not, cannot post bail, whereas the rich do it with ease. Though Proposition 25 ballot measure is imperfect, it is a step in the direction of more fair and adequate justice. 

Now more than ever, we must use our voice to start changing corrupt and outdated systems in our state and our country—your vote matters; your vote is your voice.