Sep 30, 2026 · 28 min · 10 segments
Cashless Bail is a contentious policy which has been implemented around the country, with mixed results. California in particular has aggressively embraced policies that limit judges' discretion in…
Jim HerlihyHost
Before we launch into these two studies, one in New Jersey, one in California, let's step back for a minute and look at California.
Of course, I'm based here in San Francisco, the Greater Bay Area, and we have unfortunately been in the forefront of this cashless bail issue.
Let me share a couple of thoughts with you, a little bit of that background and history.
Here in California, voters opted to retain cash bail by 56% in favor of Prop 25 in 2020.
However, the California Supreme Court the next year, in 2021, ruled that making someone stay in jail simply because they can't afford bail violates constitutional due process.
That rule introduced the concept of affordability of the bail into the equation, balanced against public safety and flight risk.
And then, of course, recently, the California Supreme Court has handed down another controversial decision with regard to bail.
It's called the Kowalsik decision, and it has limited even further judges' discretion in setting bail.
And just recently, in the past week, we had a very shocking case of a repeat offender who who was released three times up in Placer County.
Placer County is also located in the foothills of the Sierra, a very forested area.
And in addition to which, he was holed up in the house of an elderly woman, 76 years old, killed her, And then he was hunted down by the Sheriff's Department and the CHP, and he himself was killed.
Once he posted bail, once he got on recognizance, and this is in the space of 20 days.
Before we launch into these two studies, one in New Jersey, one in California, let's step back for a minute and look at California.
Of course, I'm based here in San Francisco, the Greater Bay Area, and we have unfortunately been in the forefront of this cashless bail issue.
Let me share a couple of thoughts with you, a little bit of that background and history.
Here in California, voters opted to retain cash bail by 56% in favor of Prop 25 in 2020.
However, the California Supreme Court the next year, in 2021, ruled that making someone stay in jail simply because they can't afford bail violates constitutional due process.
That rule introduced the concept of affordability of the bail into the equation, balanced against public safety and flight risk.
And then, of course, recently, the California Supreme Court has handed down another controversial decision with regard to bail.
It's called the Kowalsik decision, and it has limited even further judges' discretion in setting bail.
And just recently, in the past week, we had a very shocking case of a repeat offender who who was released three times up in Placer County.
Placer County is also located in the foothills of the Sierra, a very forested area.
And in addition to which, he was holed up in the house of an elderly woman, 76 years old, killed her, And then he was hunted down by the Sheriff's Department and the CHP, and he himself was killed.
Once he posted bail, once he got on recognizance, and this is in the space of 20 days.
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