California is sticking with its traditional cash bail system, rejecting a nation-leading move to rely instead on risk assessments to decide which suspects should remain jailed awaiting trial.
With more than 11 million votes counted as of Wednesday, Proposition 25 had just 45% support.
The measure would confirm and put into effect a law that was passed two years ago that sought to make California the first state to eliminate cash bail for jailed suspects awaiting trial.
Gov. Jerry Brown signed SB10 in 2018 -- but the law was challenged so it hasn't taken effect.
Instead of cash bail, a determination of whether a suspect would be held awaiting trial would be based on a new risk-assessment system.
A low risk would allow a detained suspect to be granted pretrial release with conditions.
It requires superior courts to create pretrial assessment divisions which would make recommendations for a suspect's release.
It was described as ground zero in the fight over criminal justice reform by shifting from who can pay bail toward protecting public safety.
The American Bail Coalition led the effort to repeal SB10 by getting Proposition 25 on the ballot. The organization supports the no side, which would repeal SB10.
The ACLU also opposes SB10, for different reasons. The organization says there is racial bias in the risk assessment that needs to be addressed. While the ACLU opposes SB10, the organization is neutral on Proposition 25.