>> working for the city and county of san francisco will immerse you in a vibrate and dynamic city on sfroert of the art and social change we've been on the edge after all we're at the meeting of land and sea world-class style it is the burn of blew jeans where the rock holds court over the harbor the city's information technology xoflz work on the rulers project for free wifi and developing projects and insuring patient state of at san francisco general hospital our it professionals make guilty or innocent available and support the house/senate regional wear-out system your our

employees joy excessive salaries but working for the city and county of san francisco give us employees the unities to contribute their ideas and energy and commitment to shape the city's future but for considering a career with the city and county of san francisc >> good morning welcome and thank you for being here bright and early on a post halloween morning and i hope everybody had their fill of candy happy to be joined by my chef deputy and city attorney bother working diligently on the case we'll discuss this morning and filed documents this morning as you may know a natural civil rights equal justice under the

law filed a federal claishgs illuminate again san francisco amending the state money balances was unconstitutional it unfairly allows the wealthy to go free and the poor remain in jail it was filed two the city and city and sheriff hennessey oversees the city and county of san francisco jails was added and, of course, dismisses the claims against the state and city my office represents the sheriff's as legal counsel up until now in my office harnt taken a position since this was filed we worked diligently to look at the argument and what they're seeking in the value it of the bail law and hard work to protect the taxpayers from enforcing the law we successfully done those things

and now the heart of issue the state failed system is unzuckerberg san francisco general constitutional people andrew's on suspension of a crime are held in jail unless at the pay money as collateral those amounts are a bail schedule and state law requires the supreme court judges in each certificate of occupancy and the sheriff enforce if you can pay you, get out of jail if you cannot you don't get out of jail that is a reflex to the community whether you can pay for your freedom a two tier stop one with money and one without not right and in keeping with the constitution it is time for it to stop to echo u.s. attorney general

loretta relinquish no price tag on justice i believe the states bail system specifically the bail system before arrangement is unconstitutional that's why my office filed papers in supreme court we'll not defend that law we are innovate taking issue with the law but about the existing bail process prior to the point of arrangement at arrangement a judge has the opportunity to review the circumstances and make an individual bail determination based on all the facts a bail schedule that lists the price of freedom without consideration of the individual circumstances is not serving the interest of the government or the public and unfairly discriminates against the poor government entities in other states tackle the problem in lawsuits like alabama, kansas, missouri and

mississippi and louisiana have reformed their action but my action is the first time that a government entity has refused to - dangerous people need to remain incarcerated how much money someone has is not picture measure of the 245e9 right now we have a system that someone can be locked up for days because they can't pay for your freedom and someone dangerous what about free someone for marijuana for sale can be locked up and not by a bail but someone paying one and 50 thousand can be out for rape that needs to change that's why we're taking this step this is decades in robert f kennedy were attorney

general only one factor determines whether a defendant stays in jail not guilt or innocence but the nature of the crime not the character of the defensive that is money in testifying in congress the attorney general told a store 54 days in jail one person couldn't afford a bail for the maximum penalty was 5 days in jail two years later congress passed its the bail reform act in 1968 that polishes - the federal system uses a model that cantonese those people that are a flight reflex or danger to others maybe condition a dna sample or curfew and bail cannot urban design set in an amount a person couldn't afford in 1987 our society

liberty that the norman and detention prior to trial or without trial is the exemption states, however, have not necessarily followed suit as an example report this issue by the nonprofit non-partisan prison found 6 hundred and 36 thousand people locked up and in more than 3 thousand jails in the united states 70 percent are held pretrial meaning not convicted of a crime or legally presumed innocent in february 2015 did u.s. department of justice arguing a bail that carding people before trial solely because of they're not able to pay for this is violating the fourth amendment

the u.s. department of justice said they must not cause people to be incarcerated solely because they can't pay keeping people locked up for no reason they can't post bail has other consequences people loss jobs and family fall apart and taxpayers don't need this in terms of the current bail some h system is not only unconstitutional but bad public policy the district of columbia has been very pro-active in the area and don't use prearrangement bail it workouts well, in the district of columbia and in fiscal year 2017 the district of columbia were realized 98 percent avoided arrest for violent crimes and 88

percent made all air scheduled court pioneers that is an issue that has gardened national attention and the chief court justice convened a working group to come up with recommendation by december of 2017 to deal with that situation which everybody knows needs to be reformed we're hopeful with our action we'll give impetus u tuesday and make sure we have a reformation of a bail system no doubt here in california unconstitutional you may note a need for reform for the bail system and the laws governing it we plan on working with the senator to make sure that the today's action has impetus to have reform at the state level

to have a bail system here in california it is constitutional and fair and workable and protects the public that is it is intended to protect thank you all for coming i look forward to any questions question. >> bob. >> (inaudible). >> there will be two options number one the states attorney general can step in and defend the snuflt of the state law or number two already been a motion intervened by and bail bondsman that motion was denied i would anticipate that they'll renew that motion either the attorney general or the interskweern and rogers will

make that determination and i think that is likely they'll be someone to step up to defend the uncomfortably. >> (inaudible). >> no i don't think that is likely their won't be changes tomorrow are today bob alluded it to say likely that something else will make an effort to defend the law we'll have to wait and see how that litigation plays out this is a pretty good big statement the first time the city has stepped up it sends a message allowed there is changes

in the future i think that at the lefrs the potentially or the evolve outlet there is a change in the system we have i don't anticipate we won't see anything in the self disease. >> not necessarily a call to action a concrete step it is a further impetus to a movement growing across the country there are other advocacy groups that have a call to action my job to defend the laws and what i think one is unconstitutional i'll not step out and defend this is what we're doing today. >> (inaudible). >> do you know what the plan say you guys are right. >> well the reformation has to

starred in the state allergic i don't have the power assemblyman boca will be the leaders on the reform we'll wait and see there is a state mandate that each court system in each county as 5 bail schedule this is something that has to happen at the state level. >> it is been in - what - >> decades this is the current system been around for decades and it is the combrefrnd as i alluded to nationally robert kennedy was talking about this in 1964 this is the norman in the united states and it certainly the norm in california that is a certain a very, very good step.

>> what happened everything you don't have (inaudible) i guess i'm curious as to the people that have the money they'll basically be required to pay. >> if you look at it - what needs to happen everyone needs to be treated fairly and equally under the law with the current prearrangement bail system a person who has the means just pays the money and walks out the as a matter of fact everybody should be treated equal in post arrangement bail everyone has their case yielding reviewed by the judge that makes a determination if they're a flight reflex what's the risk to sorority of that yield being out on the streets here in prearrangement bails we don't have that we need fair enforcement of justice to make sure that all cases with

yielding reviewed by a judge who makes sure that that person does not pose a flight reflex or minimize the risk to the community and a variety of other ways in which you can assure that yield is make their court appearance and show up for trial i can have all sorts of supervision from check in these with the court to e-mails, to supervised visits to make sure that yield is supervised and make sure they're returning not based on money and everybody has to have their case adjudicated in a fair even way under the provision of a court officer. >> (inaudible). >> well, they're - >> the same standard or still have to pay. >> we'll have to see every case is jashthd should be

adjudicated by a judge certain a bail might not a component but not only the with only way to pay and get out. >> (inaudible). >> the money bail is a bad thing - (inaudible). >> well, i'll say i'm not going to get into policy but certainly a prearrangement before a case it look at by a judge money in and of itself in our view as the only means unconstitutional what roles the money plays down the road as a component after a judge reviews

a case we'll have to see but right now what we are doing to prearranging bail and having money and wealth the only dictator yeah. >> relative to the - a judge adjudicates a case well in a system you know each person stands out in - (inaudible). >> i don't think so no, no washington, d.c. public school don't does that the federal system does that and you know what i've got to say convenience shouldn't be the dictator of what is just and what sorts of

justice people charged with a crime get we're all sdiermentd to equal protection under the law only if it is convenient it does not say or how much money we have that's right. >> you're referring (inaudible) we filed affirming today, we'll nobody be defending the case i'm saying that is unconstitutional. >> (inaudible). >> correct. >> okay thank

>> good afternoon, everyone and welcome to the board of supervisors of monday, november 1, 2016, madam clerk call the roll. >> supervisor avalos supervisor president london breed supervisor campos supervisor cowen supervisor farrell supervisor kim supervisor mar supervisor peskin supervisor tang supervisor wiener not present supervisor yee