Los Angeles County's zero-bail system went into effect on Sunday, eliminating the previous policy of setting defendants' cash bail amounts based on the severity of their alleged crime.
Critics of the old policy of cash bail amounts being proportionate to the severity of a crime claimed it favored the rich who could afford bail while failing to adequately ensure public safety.
Now, the zero-bail system, officially known as Pre-Arraignment Release Protocols, is facing criticism from supporters of law and order who argue it removes accountability from the justice system by allowing most suspects arrested for allegedly committing a crime to be quickly released from custody instead of remaining in jail as they await charges and trial unless they are accused of the most serious of crimes.
"Our communities have not been shy about telling us how nervous they are about this change," LA County Sheriff Robert Luna told the Board of Supervisors last week, FOX 11 LA reported.
Luna explained that victims who see offenders immediately released from custody do not feel confident in the criminal justice system. The sheriff also said he understands the need to respect the constitutional rights of arrestees, but that zero bail can demoralize law enforcement who work to make arrests before watching the suspect "walk away with a citation as the victim looks on in disbelief."
County supervisor Holly Mitchell, however, contends that the new bail system does not mean criminals are escaping consequences.
"It's really dangerous for us to conflate bail with accountability," Mitchell said, adding, "Bail means I have the resources to pay my way out of jail."
The new system was enacted following criticism that cash bail favored the rich since wealthy people arrested for more serious crimes could afford to pay for their release from custody while low-income people accused of lesser offenses were forced to remain behind bars.
Most people arrested on suspicion of non-violent or non-serious offenses will either be cited and released at the scene or booked and released at a police or sheriff's station with orders to appear in court on a specific date for arraignment once charges are filed.
Arrestees suspected of being an increased risk to the public or a flight risk will be referred to a magistrate judge, who will determine whether the accused should be held in custody pending arraignment or released under non-financial restrictions, including electronic monitoring.
A judge could change or revoke the defendant's release conditions after they are charged and appear in court for arraignment.
On Friday, 12 Southland cities filed court papers in Los Angeles Superior Court seeking an injunction blocking the zero-bail system from taking effect over concerns it will harm public safety.
The county implemented a zero-bail system during the COVID-19 pandemic to prevent overcrowding in jails, but the policy was lifted a year ago. In May, a Los Angeles judge issued a preliminary injunction ordering an end to cash bail by the Los Angeles police and sheriff's departments.
The Los Angeles Superior Court announced in July its plans for the new system. Presiding Judge Samantha Jessner said at the time, "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."
Speaking to the Board of Supervisors last week, some county supervisors said that their offices have received many calls from residents concerned about the new system's impact on crime, particularly given the recent mob-style smash-and-grab burglaries in which the suspects in those crimes reportedly were arrested and quickly released before committing more crimes.
ZERO CASH BAIL TO BLAME FOR ‘BRAZEN’ SMASH AND GRAB ROBBERIES IN LA, POLICE UNION SAYS
"This new bail schedule certainly is an attempt at justice reform, which I think we've all been pushing for, but it is so different, and it is certainly causing a concern and anxiety out there, not only with law enforcement ... but also from our communities," Supervisor Janice Hahn said. "And I can't be the only one whose having my office inundated with calls and when I'm out publicly I have people approaching me who are very concerned about this."
Some residents told the Board of Supervisors the county should reconsider the zero-bail system while others said the policy implemented during the pandemic did not work and that other jurisdictions that tried it have seen spikes in crime.
Supervisor Kathryn Barger said her office was also hearing from concerned constituents. She explained that she understands the problems with cash bail, but that the issue is how to explain to the public what the new system is working to accomplish and "how are we going to make sure that criminals out there don't feel there are no consequences."
"Residents don't feel safe. One only has to turn on the TV each morning and hear what happened the day before, whether it be a smash-and-grab, a carjacking, a burglary, an armed robbery ... and people want to know how this is going to impact crime on the street," Barger said.
