2020 California Proposition 25
Proposition 25, officially the Referendum to Overturn a 2018 Law That Replaced Money Bail System with A System Based on Public Safety Risk, is a California ballot proposition that appeared on the ballot for the general election on November 3, 2020.[1] The "no" side prevailed, resulting in retention of the system of cash bail in the state.[2]
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Referendum to Overturn a 2018 Law That Replaced Money Bail System with A System Based on Public Safety Risk | ||||||||||||||||||||||
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The proposition was a veto-referendum that was placed on the ballot by the American Bail Coalition.[3] Placed on the ballot via petition, it is a referendum on 2018's Senate Bill 10, which would have replaced the state's cash bail system with a risk assessment-based bail system, which uses an algorithm to determine whether a suspect should be released.[4] SB 10 had been signed into law in August 2018, and had been scheduled to take effect on October 1, 2019. [5]
A "yes" vote on Proposition 25 is to uphold the contested legislation to replace cash bail with risk assessments, and a "no" vote is to repeal the contested legislation, and continue the system of cash bail.[3]
Background
As of 2019, California used a cash bail system to release criminal suspects awaiting trial and to ensure that they return for their court dates. On August 28, 2018, then governor Jerry Brown signed SB10, which ended the use of cash bail, replacing it with a risk assessment. The American Bail Coalition, a trade association, organized and led the effort to repeal this legislation. [3]
Support
The California Democratic Party is supporting the Yes on Proposition 25 campaign, as are Governor Gavin Newsom and Assembly speaker Anthony Rendon. In addition, the Service Employees International Union and the California Medical Association support Yes on Proposition 25.[6]
Opposition
Various groups argued against Proposition 25, and hence against SB10.
The California Peace Officers' Association and the California Bail Agents Association oppose the SB10.
In addition, civil rights advocates argue that the algorithm should not be used for release decisions, and that SB10 does not sufficiently address supposed racial biases in the criminal justice system. The California Conference of the NAACP and Human Rights Watch oppose SB10 for similar reasons.[6]
Polling
| Poll source | Date(s) administered |
Sample size[lower-alpha 1] |
Margin of error |
For Prop. 25 (uphold bail reform law) | Against Prop. 25 (repeal bail reform law) | Undecided |
|---|---|---|---|---|---|---|
| UC Berkeley Institute of Governmental Studies/LA Times | September 13–18, 2019 | 3,945 (LV) | ± 2% | 39% | 32% | 29% |
Results
| Choice | Votes | % |
|---|---|---|
| For | 7,232,380 | 43.59 |
| Against | 9,358,226 | 56.41 |
| Blank votes | 1,194,545 | - |
| Total | 17,785,151 | 100 |
| Registered voters/turnout | 22,047,448 | 80.67 |
| Source: elections.cdn.sos.ca.gov | ||
Notes
- Key:
A – all adults
RV – registered voters
LV – likely voters
V – unclear
References
- "The fate of California's cash bail industry will now be decided on the 2020 ballot". Sacramento Bee. August 17, 2019.
- Prop. 25, which would have abolished California’s cash bail system, is rejected by voters
- "California Proposition 25, Replace Cash Bail with Risk Assessments Referendum (2020)". Ballotpedia. Retrieved 2020-09-23.
- "Qualified Statewide Ballot Measures". Secretary of State of California. Retrieved July 2, 2020.
- The fate of California’s cash bail industry will now be decided on the 2020 ballot
- "California Proposition 25: Replacing cash bail with algorithm". CalMatters. Retrieved 2020-09-23.