California's Zero Bail Policy and SB 10: What Happened
California's attempt to eliminate cash bail made national headlines — then voters rejected it. Here's what zero bail actually means, what happened to SB 10, and where things stand now.
What 'zero bail' means
'Zero bail' refers to releasing defendants without requiring a cash payment — either on their own recognizance or with a $0 bail amount set by the court. The idea is to base pretrial release on risk rather than wealth, so people aren't kept in custody simply because they can't afford to pay.
During the COVID-19 pandemic, California's Judicial Council adopted an emergency bail schedule that set bail at $0 for most misdemeanors and lower-level felonies, to reduce jail crowding. That emergency schedule caused real confusion — many families assumed bail had been abolished entirely.
SB 10 and Proposition 25
In 2017, the California legislature passed SB 10, which would have largely eliminated cash bail and replaced it with a risk-assessment system. The bail industry and others gathered enough signatures to put the law on hold pending a voter referendum.
In November 2020, voters rejected SB 10 by passing 'No' on Proposition 25. As a result, SB 10 never took effect, and traditional cash bail and bail bonds remain the law in California.
Where things stand today
Cash bail and licensed bail bonds remain fully in effect across California. Some individual counties have expanded pretrial services or supervised release programs, but there is no statewide zero-bail regime.
If you hear that bail has been 'eliminated,' that's not accurate for the vast majority of charges. The standard process — bail set by the schedule, posted by cash or bond — still applies.
How this affects families
For most families, nothing about the zero-bail debate changes the immediate reality: if a loved one is arrested and bail is set, a bond is still the fastest way to get them home. The political debate is ongoing, but the practical process today is the same one this guide describes throughout.
We stay current on every legal development so we can give you accurate answers — not guesses — when you call.
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