California Supreme Court Requires Consideration of Ability to Pay when Setting Bail

On March 25, 2021, the California Supreme Court ruled that judges must consider an individual's ability to pay when setting bail, and that a person may not be detained only because they cannot post bail. In addition, judges may detain an individual only if there is no other restrictive way to protect public safety. The decision came down amidst a national debate over the constitutionality of cash bail and its impact on those who cannot afford it. See Los Angeles Times, Courthouse News, Bloomberg Law.