A Knife, a Mental Health Crisis, and a Second Chance: The Ruling Changing Bail in California

A San Francisco judge released a man accused of pulling a knife and making threats on a Muni bus during what his defense described as a severe mental health crisis, without requiring him to pay bail in California, as part of a reform. Instead, he was barred from riding Muni and carrying weapons and ordered to report to a service center for treatment within 48 hours, according to the Davis Vanguard on Thursday, October 8.

• The case shows how In re Kowalczyk, the California Supreme Court’s bail reform ruling issued on Thursday, April 30, 2026, is being applied.
• The ruling states that, in general, when monetary bail is required, it should be set at an amount that is reasonable based on an individualized assessment of the person’s circumstances.
• Judges cannot use unaffordable bail as a way to keep someone in jail when the law does not otherwise permit detention.

Why it matters: many Latino families cannot afford to pay thousands of dollars to get a loved one out of jail. If that person is also experiencing a mental health crisis, days or weeks in jail can cost them their job, housing, and access to treatment.

What Happened on the Bus

According to proceedings in Department 12 of San Francisco Superior Court, the man pulled out a knife on the bus and muttered threats near the driver, saying he would «get them» and «mess them up.» He also struck a window and shouted threats. Davis Vanguard did not publish his name.

• The prosecution asked that he remain in jail, arguing that he posed a danger to the community and might not return to court because he had previously missed a hearing and had prior minor cases.
• The defense responded that he was experiencing a mental health crisis, had not directly threatened anyone, and no one was injured. They also said he missed the court date because he was confused about the date, not because he was trying to flee.

The California judge released him on his own recognizance, commonly called «OR,» without requiring bail, with three conditions: he may not ride Muni, may not carry any weapons, and must report to the Community Assessment and Services Center (CASC) for assistance, including mental health treatment, within 48 hours.

What the Kowalczyk Ruling Says

The state Supreme Court built on another key case, In re Humphrey (2021), which held that it is unconstitutional to keep someone in jail solely because they cannot afford bail. With the Kowalczyk ruling, the court went further:

• Except in serious cases where the state Constitution permits bail to be denied, a judge must make an individualized assessment that includes public and victim safety, the seriousness of the charge, the person’s record, whether they generally comply with court requirements, and their financial circumstances.
• Bail does not have to be easy to pay, but a judge cannot set an amount that is effectively unattainable as an indirect way to keep someone in jail.

Not everyone agrees. The Criminal Justice Legal Foundation, a group that advocates for tougher crime policies, said the decision could expose the public to additional crimes committed by repeat offenders while they await trial. One of the judges wrote a separate opinion stating that the ruling invites the Legislature and state government to respond.

The Challenge: Ensuring Real Treatment

According to Davis Vanguard, before Kowalczyk, someone in a similar situation might have been more likely to remain in jail until the next hearing, which could be weeks later. However, the outlet also warns that an order to seek treatment does not guarantee that services will be available or that the person will actually receive them.

Besides this bail reform, California also tightened another option this year, mental health diversion, which allows treatment instead of continuing through the traditional criminal process. The law AB 46, signed by Governor Gavin Newsom in June, requires the judge to determine that the person does not pose a «substantial and undue» risk to the physical safety of others if treated in the community.

What You Can Do if a Family Member in Crisis Is Arrested in California

• Ask the lawyer to raise ability to pay: after Kowalczyk, the judge must consider financial circumstances when setting monetary bail. Have proof of income and expenses available.
• Ask about mental health diversion under Penal Code section 1001.36: if the judge approves it, the person receives supervised treatment, and if they successfully complete the program, the charges may be dismissed. A qualifying mental health diagnosis or treatment history may be required, and some serious crimes are excluded.
• If you are not a citizen, also consult an immigration lawyer before accepting any agreement: a criminal case can affect immigration status.
• In San Francisco, the CASC is located at 564 6th Street, and its phone number is 415-489-7300, according to the city.
• In a crisis, call 988 and press 2 for Spanish before the situation escalates.

Sources: Davis Vanguard; California Supreme Court, In re Kowalczyk; California Supreme Court, In re Humphrey; CCAP; Criminal Justice Legal Foundation; California Penal Code, section 1001.36; Davis Vanguard (AB 46); SF.gov (CASC); 988 Lifeline. Data consulted on October 8, 2026.