Why are All the Criminals Still Out on the Street? Look at the LA County Zero-Money Bail Schedule

August 21, 2024 - A new bail schedule set by the Los Angeles County Superior Court in October 2023 sets zero-money bail for nearly all crimes committed in the county. In 2020, California residents voted to restore money bail by repealing Senate Bill 10. Nevertheless, Superior Courts have the authority to set their own bail schedules for their jurisdiction and LASC decided against money bail for most offenses.

A statement from Presiding Judge Samantha P. Jessner regarding the new Pre-Arraignment Release Protocols reads, "A person's ability to pay a large sum of money should not be the determining factor in deciding whether a person, who is presumed innocent, stays in jail before trial or is released." Instead, determination of release of a suspect should be "based on an arrestee's risk to public or victim safety and their likelihood of returning to court."

In Los Angeles County, there are therefore now five pre-arraignment release categories:

1. Cite and Release (CR)

Those suspected of committing "non-violent, non-serious offenses" will be cited and released at the location of their arrest with a promise to appear in court. Examples of CR offenses include most theft categories, vehicle code violations, petty theft, drug possession, and vandalism.

2. Book and Release (BR)

Also regarding "non-violent, non-serious offenses," arrestees will be booked at a law enforcement facility before their release on $0 bail with a promise to appear in court.

3. Magistrate Review (MR)

These also encompass "non-violent, non-serious offenses" but those that are deemed to "pose a greater risk to the public." This includes violence against children or seniors, crimes involving firearms, and sexual battery. (Do not ask how violence against children or seniors or sexual battery are "non-violent" "non-serious" offenses: we do not know.) In addition, individuals will be referred to Magistrate Review who

- have committed a CR/BR offense with an "exception or enhancement."

- are on Post-Release Community Supervision, felony probation, or parole.

- have three or more failures to appear in other recent criminal cases. However, this type of failure will not necessarily trigger a Magistrate Review.

All MR cases will be released on their own recognizance with no money bail. Instead, the magistrate will determine non-financial conditions of release, "if any." Non-financial conditions could include

- attendance at all court appearances

- prohibitions against committing new crimes, committing violence, use or sale of controlled substances, and driving while intoxicated

- pre-arraignment monitoring, text monitoring, text reminders of court dates, and check-ins with pre-arraignment staff

The magistrate does have the discretion to defer release consideration until arraignment if "convincing evidence" leads this official to believe that public or victim safety - or the arrestee's appearance in court - cannot be assured if the arrestee is released with non-financial considerations.

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Shoplifting is a CR crime with little consequence attached to it

4. Money Bail

Money bail is required by state law for offenses involving domestic violence, nearly all "serious or violent felonies." The amount required varies by offense. Such crimes include voluntary manslaughter, rape, great bodily injury, use of a weapon on a peace officer, arson, first-degree burglary, certain drug sales, and holding of a hostage by a person confined in state prison. First-degree burglary is entering a residence for the purpose of stealing. Shoplifting is a different crime and not subject to money bail.

5. Not Eligible for Release

Those who are suspected of committing a capital offense or certain felonies designated by California Constitution and Penal Code 1270.5 are not eligible for release even on money bail and must stay detained until trial.

John Alle

Some of the "homeless" on our streets have been cited and released multiple times. It would be more compassionate to put them in jail where they could receive food, shelter, and the medical care they need.

Examples of how the new bail schedule differs from the previous bail schedule show a vast change in how crimes the public would consider "serious" are not considered "serious" by the county's current judicial system. False Imprisonment is now a BR crime. Under the previous bail schedule, bail would have been $50,000. Automobile theft is now BR; under the previous bail schedule, bail would have been $35,000. Even contact with a minor with intent to commit a sexual offense is only MR, meaning the suspect will be released on their own recognizance.

The new bail schedule was created by looking at the conclusions of the Judicial Council of California's 2017 Pretrial Detention Reform Workgroup that use of money bail was "inherently unsafe and unfair." Other justification for the changes to bail came from a report of the first quarter of 2021 when emergency zero-bail rules were in effect during Covid (from March 20, 2020 to June 30, 2022). The report found "rates of failure to appear in court and of rearrest or new offenses remained either below or similar to their historical average" during those three months of the two years the Emergency Bail Schedule was in effect.