California Requires ‘Ability to Pay’ Inquiry in Setting Bail (1)

California judges must consider an individual’s ability to pay bail when setting the amount required to release someone from jail before trial, a unanimous state supreme court said Thursday.

State trial courts also must consider whether restrictions less than pretrial detention are enough to protect the public and victim, the justices held.

The California high court’s decision is expected to have national consequences amid the debate over cash bail, which is seen by civil rights advocates, progressive prosecutors, and justices as a constitutional affront that falls hardest on those who can’t afford bail.

When a financial condition is necessary, ...