Williams v. County of San Joaquin

Plaintiffs, a taxpayer and a bail bondsmen’s association, brought this action against the County of San Joaquin (the county) and its sheriff to enjoin operation of the county’s own recognizance release program (the OR release program). Authorized by Penal Code section 1318.1, the OR release program employs investigators to interview individuals who have been arrested and detained in the county jail and to make recommendations to judges regarding whether, prior to any court appearances, the arrestees should be released on their own recognizance (OR), i.e., on their promises to appear in court without posting bail. (Pen. Code, § 1318.)

In this appeal from a judgment of dismissal entered after the trial court sustained the county’s demurrer, we reject plaintiffs’ constitutional and statutory attack on the OR release program. Contrary to plaintiffs’ claim, the fact that the district attorney’s office is not given notice and an opportunity to participate in decisions to grant OR releases prior to court appearances does not violate the “Public Safety Bail” provisions of article I, section 28, subdivision (e), of the California Constitution or the statutory bail provisions of…