Article 1, section 12(b) and (c), and section 28(f)(3) of the California Constitution, both of which govern the denial of bail in noncapital cases, can be harmonized; section 28(f)(3) does not repeal section 12. Section 12 states a person “shall” be released on bail and lists certain exceptions, while section 28(f)(3) provides that a person “may” be released on bail and mandates that “[p]ublic safety and the safety of the victim shall be the primary considerations.” Section 28(f)(3) may reasonably be interpreted as instructing a court to take public and victim safety factors into consideration in determining whether to deny bail to a defendant eligible for denial pursuant to section 12. Section 28(f)(3) does not expand the list of offenses for which release on bail may be denied beyond those delineated in section 12(b) and (c).

A court must set pretrial bail in an amount that is reasonable given the totality of the circumstances, which generally means an amount attainable for the defendant. While the amount of bail need not be easily affordable or convenient, courts cannot use artificially high or objectively unattainable bail to effectuate pretrial detention where such detention is not authorized under section 12. [Editor’s Note: J. Groban wrote a concurring opinion emphasizing that section 12 provides latitude for trial courts to protect public safety. J. Wiley wrote a concurring opinion emphasizing that today’s decision invites a legislative and executive response.]

The full opinion is available on the court’s website here:
https://www4.courts.ca.gov/opinions/documents/S277910.PDF