LA County Unveils New Limited Cash Bail Policy

Los Angeles County unveiled a new cash bail policy expected to come into effect this fall that would effectively end all cash bail for defendants accused of misdemeanors and nonviolent felonies.

For several years, California and many counties have been in a constant back and forth over cash bail. A statewide ballot initiative over doing away with cash bail, Proposition 25, was voted against by 56% of voters in 2020. Despite this, lawmakers in Sacramento quickly hit back, putting in legislation such as SB 262 that set $0 bail for most offenses, going against the wishes of voters and being celebrated despite evidence showing that zero bail only brings in more crime. Many counties also went further, with Los Angeles County bringing back zero bail in May.

Lawsuits also entered the mix, with many pointing at the LA County holding facility and the deaths, suicides, and injuries that occur there when people cannot afford bail. The case itself even led to the injunction that brought back zero bail to the city and County.

On Tuesday, the County went even further, with a new misdemeanor schedule stating that nearly all defendants will either be cited and released from jail, or freed without bail after their case is reviewed by a judge, with a court date to be determined later. Judges will also be available 24 hours a day and seven days a week to institute conditions of release, make case determinations, and literally decide if they are to go free that day. Felony cases will still require bail, as will some misdemeanor cases such as domestic battery, violation of a protective order, and stalking.

“A person’s ability to pay a large sum of money should not be the determining factor in deciding whether that person, who is presumed innocent, stays in jail before trial or is released,” said LA County Judge Samantha Jessner in a statement on Wednesday. “Any determination of an arrestee’s status after arrest but before being charged should be based on an individualized determination of risk and likelihood to return to court. A low-risk arrestee should not be held in jail simply because they cannot post the necessary funds to be released pending arraignment. For low-risk attendees pretrial release decisions that are based on risk and an individualized determination improve public and victim safety and ensure the appearance of an arrestee at court and trial.”

Zero Bail in LA

Zero bail advocates praised the new standards, to be implemented on October 1st, specifically pointing out that people who commit misdemeanors will no longer have to risk their jobs or looking after children because they couldn’t afford bail.

“Many people can’t afford bail, and in the process, they lose their job or miss vital appointments in the process, worsening their situation,” said LA lawyer Justine Fletcher. “Now judges can make it more of a case by case basis and make proper determinations.”

However, opponents retorted that zero bail would only let criminals go free and would worsen  the crime situation in the county as a result.

“Bail was there for a reason,” explained former Los Angeles policeman Henry Chavez to the Globe on Wednesday. “These people committed the crimes and did the time for them. They had a debt to society, Bail was there to help ensure that they wouldn’t miss their court date. It’s not a fine and it’s not a punishment. It’s there to ensure people face justice. If we can’t hold you until your date in court, then we hold money to ensure you go. That simple.”

“Now we’re on the honor system, which will lead to a lot of problems. Don’t get me wrong. The bail systems has problems too, and affordability for those more lower-income is a legitimate issue. But zero bail isn’t a solution. It’s inviting people to think that crimes don’t come with larger consequences now.”

As the Globe noted before, zero bail policies have been tested in California in years past, with findings showing that the policies had failed. With zero bail now being pushed as the norm in October, many counties across the state will be waiting on the first statistics to see if zero bail once again fails or if the policy finally has some sort of good result.