SAN FRANCISCO, Calif. — In a landmark ruling that could reshape California’s pretrial detention system, the California Supreme Court ruled unanimously on April 30, 2026, in In re Kowalczyk that keeping individuals jailed before trial solely because they cannot afford money bail violates the California Constitution, according to a press release from the San Francisco Public Defender’s office.
The Court held that people accused of “misdemeanors or nonviolent, non-sex felonies cannot be detained pretrial because of unaffordable bail amounts.”
The ruling has wide-ranging implications, according to the press release. Under the standard established by the Court, many incarcerated individuals across California are now allegedly being unlawfully held because of unreasonably high money bail amounts. “In response, public defender offices statewide have begun filing motions to release individuals entitled to freedom under the California Constitution.”
“The Kowalczyk decision is a major victory for due process, fairness, and the presumption of innocence. For too long, courts have used unaffordable bail to keep people in jail before trial, even when they can safely return to their jobs, families, and neighborhoods while awaiting trial,” said San Francisco Public Defender Mano Raju, underscoring the importance of the ruling.
According to Raju, poverty is being criminalized in San Francisco. “In recent years, prosecutors and law enforcement in San Francisco have increasingly treated poverty and substance use as matters for incarceration rather than public health intervention. Many of the so-called ‘quality-of-life’ offenses driving these prosecutions are nonviolent and stem from unmet social and medical needs.”
Raju also noted that the system is not designed to help individuals in need of drug, alcohol or mental health treatment. The current bail system prevents incarcerated individuals from accessing the help they need, according to Raju, and is “not designed for, and does a poor job at, helping such individuals access treatment and stability.”
The Kowalczyk decision could also save taxpayer money, the article noted, with millions of dollars potentially freed up that otherwise would have been spent jailing people pretrial who could not afford bail.
“Those resources should instead be invested in what truly makes communities safer: housing, healthcare, education, and job opportunities.”
In summary, the recent Kowalczyk decision marks a potential turning point in how California’s criminal justice system handles pretrial incarceration, potentially freeing thousands of individuals, improving access to needed healthcare and treatment, and saving millions in taxpayer money. The shift in California’s approach to pretrial justice reinforces the principle that constitutional rights and personal freedom should not be determined by a person’s wealth.
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