Image“Across California and the nation, pretrial release and detention primarily based on cash bail are slowly being replaced with safer and fairer alternatives. In California, we are leading and experiencing reforms driven by best practices, but also pilot projects, court decisions, and legislation,” Former Chief Justice Cantil-Sakauye (2019)
Enacting Legislation
The Budget Act of 2021 (SB 129) provided funding for “the implementation and operation of ongoing court programs and practices that promote the safe, efficient, fair, and timely pretrial release of individuals booked into jail.” To support this mandate, the Judicial Council provides annual funding to superior courts for the statewide pretrial services program. The goal is to ensure that every superior court has the information and resources it needs so that judicial officers can: make pretrial release decisions using the least restrictive conditions necessary to protect public safety and ensure individuals return to court, use appropriate monitoring practices, and provide supportive services for released individuals.
Read Reports About the Pretrial Services Program
What is Pretrial Release?
Pretrial Release occurs when a person accused of a crime and booked into custody is released from custody, with or without conditions, before trial while charges are pending.
After arrest and booking, eligible individuals may be assessed by Pretrial Release Services (PRS). PRS gathers information and prepares a report to assist judicial officers in making release decisions. A judge may choose to release a person on their own recognizance (a promise to return to court), set bail, order detention, or impose conditions.
If released, individuals must comply with all court-ordered conditions, attend all court appearances, and not commit new crimes. For a more detailed overview of this process, view the Pretrial Release Process Infographic, which explains each step from arrest and booking through release decisions and court requirements.
What is a Pretrial Services Program?
A pretrial services program helps judges decide whether an accused individual can be released before trial. The program provides the court with information to make pretrial release decisions and helps the individual understand and comply with any release conditions ordered by the judge. Information about your county's pretrial services is available on your local superior court's website. Look for a section titled "Pretrial Services" or "Criminal Division."
History of Pretrial Services in California
Learn More About Pretrial Case Law
Notable California cases
- In re Humphrey (2021)
- In re Brown (2021)
- In re Kowalcyzk (2022)
Notable Federal cases
- United States vs Salerno (1987)
See Prior Reforms Section for information on the Pretrial Pilot Program.