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.
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.
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 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.
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:
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.
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.
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.
