Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Bail Disposition topic
No spam. Unsubscribe anytime.
Committee hears SB 13 to allow defendants and prosecutors to stipulate alternative uses of bail
Summary
Senate Bill 13 would add statutory authority allowing defense and prosecution to stipulate to a disposition of bail other than exoneration, commonly to apply bail toward restitution as part of negotiated resolutions.
Senate Bill 13, presented to the Assembly Judiciary Committee, would add statutory authority to allow the defense and prosecution to stipulate to a disposition of bail other than exoneration.
John McCormick, assistant court administrator with the Administrative Office of the Courts, said the bill is intended to facilitate plea negotiations by explicitly permitting parties to agree that posted bail be used for another purpose — for example, to satisfy restitution — rather than automatically being exonerated under current statute. “This will allow that bail rather than being refunded or exonerated pursuant to statute, they can stipulate to another use. And generally, what that means is they can stipulate to use the bail to satisfy a restitution amount,” McCormick said.
McCormick said existing practice often achieves this outcome by agreement, but the statute does not currently provide explicit authority for stipulation; the change would codify and facilitate the practice. The committee recorded no public testimony in support, opposition, or neutral for SB 13 during this hearing. Chair Miller closed the brief hearing; no committee vote was taken during the session.
SB 13’s proponents described the change as technical and intended to ease case resolution and help courts reconcile posted bail with negotiated outcomes.
