By Dean Maddox – Public Safety & Crime Reporter

A bill moving through the California legislature is raising concerns among bail agents and criminal justice professionals, who warn it could lead to longer jail stays for individuals never formally charged with a crime.

SB 562, authored by Senator Angelique Ashby (D–Sacramento), would require bail bond companies to refund most of the premium paid by defendants in cases where no charges are filed or where charges are dismissed within 21 days of arrest. Ashby describes the proposal as a narrow fix intended to provide fairness for people who, under current law, must forfeit the full cost of bail—even when the justice system ultimately decides not to pursue charges.

On her website, Ashby states the bill “adds a very narrow exception to current law” and ensures defendants receive partial refunds “minus administrative fees and state taxes.” But industry professionals say the policy could backfire by disincentivizing companies from posting bail immediately, forcing defendants to remain in jail longer.

“This bill would devastate the bail industry, delay justice, and hurt the very people it claims to protect,” said Jesse K., an Orange County bail bondsman and criminal justice instructor. In a recent public statement posted on LinkedIn, he outlined the unavoidable costs that bail companies incur—such as surety fees, insurance, 24/7 staffing, and payment processing fees—that would not be recoverable under the bill’s refund provision. “Requiring refunds in cases where charges aren’t filed creates a guaranteed loss for each case—crippling small businesses that already operate on thin margins.”

To mitigate those losses, critics say bail agents may begin holding off on posting bail until charges are filed—a process that can take several days. The result, they warn, is that defendants who would otherwise be released the same day could remain in custody for three to five days, leading to lost employment, family disruption, and increased costs to local jail systems.

SB 562 passed the State Senate on June 4 by a vote of 25 to 11 and is now under consideration in the Assembly.

While Ashby and supporters say the bill reflects a needed correction for individuals who never see the inside of a courtroom, those in the field argue the ripple effects will be felt across the justice system.

“Rather than reforming bail, this bill will… punish defendants with double bail payments if charges are filed late, and force companies to raise premiums or deny service,” Jesse K. added.

Opponents are urging lawmakers to consider alternative reforms that support defendants’ rights without undercutting a system that, in many cases, provides the only immediate path to release.