California Supreme Court orders judges to nix cash bail for those who can't pay

SACRAMENTO, Calif. (AP) — The California Supreme Court ruled Thursday that judges must consider suspects' ability to pay when they set bail, essentially requiring that indigent defendants be freed unless they are deemed too dangerous to be released awaiting trial.

Judges can require electronic monitoring, regular check-ins with authorities or order suspects to stay in shelters or undergo drug and alcohol treatment, Associate Justice Mariano-Florentino Cuéllar wrote on behalf of the court — conditions that "in many cases protect public and victim safety as well as assure the arrestee's appearance at trial." However, "where a financial condition is nonetheless necessary, the court must consider the arrestee's ability to pay the stated amount of bail — and may not effectively detain the arrestee 'solely because' the arrestee 'lacked the resources' to post bail."