SACRAMENTO – California Attorney General Xavier Becerra today announced that he will not appeal a state appellate court’s ruling in In re Kenneth Humphrey. Humphrey has been incarcerated since May 2017 while awaiting trial, because he is unable to afford the $350,000 bail set by the San Francisco Superior Court.
“The Court of Appeal's decision is an important recognition of the critical need to reform our current bail system,” said Attorney General Becerra. “We must continue to pursue changes in our bail system to ensure it's rooted in principles of fairness and prioritizes public safety for all. As the Court notes, this is going to require legislative changes and additional resources. Decisions regarding who should remain in jail while awaiting trial should be based on their danger to the public, not dollars in their pocket. Bail determinations must keep Californians safe and ensure that a defendant shows up for trial. Bail determinations that do not consider whether a person awaiting trial can afford bail, and whether there are alternatives to incarceration that still preserve public safety, do not promote justice.”