Bail.

Senator Ashby's bail reform measure establishes new requirements for California courts to order refunds of bail premiums when cases are dismissed or charges are not filed within specified timeframes. The legislation creates a mechanism for defendants to receive premium refunds if prosecutors dismiss charges within 21 days of arraignment or fail to file charges within 21 days after a bail surety bond is posted, provided the defendant's bond has been exonerated and all mandatory court appearances were attended.

Under the proposed system, courts must direct licensed bail surety agents to refund the bail premium to those who paid it, minus a 2% administrative fee based on the bond amount and any premium taxes paid to the state. The court order for refund must be issued within 30 days of a defendant becoming eligible. These provisions would apply only to bail surety bonds entered into starting January 1, 2026.

The measure maintains existing bail procedures while adding these new refund requirements. A severability clause ensures that if any portion is found invalid, the remaining provisions can continue in effect. The bill requires no state appropriations and establishes no new programs, focusing solely on the procedural framework for premium refunds under the specified circumstances.