Long Overdue: California Legislative Reforms Impacting Criminal Defendants

California has long been at the forefront of criminal justice reform in the United States, often setting the pace for progressive legislation aimed at creating a fairer and more equitable system. Despite these efforts, there remain significant gaps that continue to disadvantage criminal defendants. This article examines several recent and overdue legislative changes in California that aim to address these disparities and improve the rights and treatment of criminal defendants.

1. Ending Cash Bail

For decades, California’s cash bail system has been criticized for disproportionately affecting low-income defendants who cannot afford to pay for their release. This system often results in extended pretrial detention for individuals who have not been convicted of a crime, simply because they lack financial resources.

In 2021, California took a historic step by enacting Senate Bill 10 (SB 10), which sought to eliminate cash bail in favor of a risk assessment-based system. Although the law faced significant opposition and was put on hold due to a referendum, it marked a critical recognition of the need for reform. The California Supreme Court’s decision in In re Kenneth Humphrey further emphasized the issue, ruling that judges must consider a defendant’s ability to pay when setting bail. This shift represents a move towards a more just system where freedom isn’t contingent on wealth.

2. Juvenile Justice Reforms

Recognizing the unique circumstances and potential for rehabilitation among juvenile offenders, California has introduced several reforms aimed at treating minors differently from adults in the criminal justice system. Assembly Bill 965 (AB 965) allows for earlier parole hearings for juvenile offenders, acknowledging their capacity for change and growth. Additionally, Senate Bill 439 (SB 439) ensures that children under the age of 12 are not prosecuted in juvenile court, steering younger children towards appropriate services rather than incarceration.

3. Expungement and Record Sealing

A criminal record can create lifelong barriers to employment, housing, and education. Assembly Bill 1076 (AB 1076), passed in 2019, mandates the automatic expungement and sealing of arrest and conviction records for eligible individuals. This automatic process helps remove the stigma associated with a criminal record and facilitates reintegration into society. This legislation is particularly impactful for individuals who have successfully served their sentences and demonstrated their commitment to leading law-abiding lives.

4. Sentencing Reforms

California has also made strides in addressing excessive sentencing practices. Senate Bill 1437 (SB 1437) reformed the state’s felony murder rule, which previously allowed individuals to be convicted of murder if they were involved in a felony that resulted in a death, regardless of their intent or role in the killing. The new law restricts the application of the felony murder rule to those who directly participated in the killing or acted with reckless indifference to human life. This change ensures that individuals are held accountable in proportion to their actions and intent.

5. Police Accountability and Transparency

In the wake of national and statewide calls for greater police accountability, California has enacted several laws to increase transparency and oversight of law enforcement agencies. Senate Bill 1421 (SB 1421) grants public access to police records related to officer use of force and misconduct, promoting transparency and accountability. Assembly Bill 1506 (AB 1506) requires the state Attorney General to investigate incidents of police use of deadly force, ensuring an independent review of such cases.

6. Rehabilitation and Reentry Programs

California’s commitment to rehabilitation is evident in its investment in reentry programs aimed at reducing recidivism and supporting successful reintegration. Assembly Bill 32 (AB 32) phases out the use of private, for-profit prisons and detention centers, emphasizing the state’s focus on rehabilitation rather than profit. Additionally, initiatives like the California Reentry Program provide comprehensive support services, including job training, education, and housing assistance, to formerly incarcerated individuals.

California’s legislative efforts to reform its criminal justice system reflect a growing recognition of the need for fairness, equity, and rehabilitation. These overdue reforms address critical issues such as cash bail, juvenile justice, expungement, sentencing, police accountability, and reentry support. While there is still much work to be done, these changes represent significant steps towards a more just and equitable system for all Californians.

By continuing to push for comprehensive reform, California can serve as a model for other states seeking to balance public safety with the rights and dignity of criminal defendants.