Advocates of abolishing bail contend that too many defendants remain stuck in custody because they cannot afford to bail out, effectively creating unequal justice based on wealth. California is at the forefront of a national campaign to end money bail that has also recently seen states like New Jersey and New Mexico adopt polices to circumvent the for-profit bail industry, though none had yet eliminated bail completely.

SB 10 was approved by the Legislature last week, after a nearly two-year push, with largely Democratic support. But it faced heavy opposition from the bail industry and some former supporters of the bill, who said significant amendments to the final version would unjustly expand the number of suspects jailed while awaiting trial.

The American Civil Liberties Union of California, an original co-sponsor of the measure, and other organizations pointed to provisions giving judges greater discretion during the arraignment hearing to decide whether to release an individual and on what conditions. SB 10 also introduces a process for the prosecution to file for “preventive detention,” blocking the defendant’s release pending a trial, if they believe there are no conditions that would ensure public safety or their appearance in court.