By Xinhui Lin
OAKLAND, CA – “Throughout California’s history, too many of us have felt the sting of hate and discrimination,” said California Attorney General Rob Bonta this week as he introduced—to rectify racial disparities initial charging decision in legal cases— “Race-Blind Charging Guidelines,” aligning with Assembly Bill 2778 (D-McCarthy) and Penal Code section 741.
The guidelines, effective Jan. 1, 2025, require redaction of cases received from law enforcement agencies and suspect criminal history documentation to remove all identification of the race of suspects, victims, and witnesses involved.
The redaction process, the AG said, must be done by personnel not associated with evaluating or charging the case. It may either be done manually or through automation as long as the process ensures correct redaction. Artificial Intelligence (AI) systems must be validated before usage for redaction.
Then, the AG added, all prosecution agencies are required to follow a two-step charging process that mandates a “race-based initial charging evaluation” based on redacted reports, followed by an “ordinary charging evaluation” considering unredacted reports and all available evidence, including materials revealing race.
The guidelines also allow prosecution agencies to exclude specific crimes from the race-blind charging process and maintain a list of exclusions with reasons for review.
“These guidelines will help prosecutors perform their duties in accordance with California law and, most importantly, help promote a more fair and equitable charging process for all individuals,” said AG Bonta.
This initiative, said Bonta, is part of his broader commitment to addressing racial injustice, noting in May of 2021 he established the Racial Justice Bureau, and, last year, he launched the Office of Community Awareness, Response, and Engagement to strengthen relationships with community organizations.
His recent effort, Bonta said, mainly addresses the unconscious racial bias in the criminal justice system, arguing although parties involved tried their best not to be influenced by implicit bias, studies show that unconscious bias still may infect decisions within the criminal justice system.
“Unconscious bias has no place in the criminal justice system and should not play a role in charging,” AG Bonta said. “Unfortunately, we know the criminal justice system is not infallible and charging decisions are vulnerable to unconscious bias. This is a reality we cannot ignore and must work to correct.”
“As the People’s Attorney, I am committed to using the tools and resources of this office to stand up for all Californians,” added Attorney General Bonta. “Part of that means we have to recognize and work to address the historical inequities that have too often prevented people in this state from being able to access justice.”
This year, the Attorney General has also engaged with local leaders through hate crime roundtables in Bakersfield, Fresno, Anaheim and Irvine.
Bonta explains, “The fact is: No part of California is immune to hate. Too many Asian, Latino, Black, Native American, people with disabilities, LGBTQ, Jewish, Muslim, and Sikh Californians all across the state are hurting.”
The new guidelines represent a significant step, Bonta said, toward combating racial discrimination and promoting justice in California, as all California prosecution agencies are required to oblige. Thirteen mayors from California cities are collaborating with him to implement these guidelines.
“It will take all of us standing up for our wonderfully diverse community members to make California a welcome home for all,” said San Jose Mayor Sam Liccardo, Chair of the Big City Mayors.
