Details of legislation that would virtually eliminate money as bail security have been finalized. State Senator Bob Hertzberg and Assemblyman Rob Bonta say the current system unfairly punishes the poor, by keeping them in custody if they can’t afford to pay. They propose a system of risk assessment to determine who is released, along with county services, to ensure that offenders appear in court. There would be a very limited role for bail. But Nevada County District Attorney Cliff Newell says they, and some other counties, already have a similar system in place, in collaboration with the probation department…

click to listen to Cliff Newell

But Newell says bail can still apply to certain cases, where appropriate…

click to listen to Cliff Newell

Under the legislation, those charged with serious or violent felonies would still have to appear before a judge, who would set the conditions of release. But the bills establilsh a presumption of not using bail, and even then only at a level that the defendant can afford. The Department of Corrections says nearly two-thirds of jail inmates are being held awaiting trial.