The presiding judge of the court system in Los Angeles County announced on Tuesday the approval of a new set of bail schedules. These schedules will allow for the release of individuals arrested for non-violent, non-serious felonies and misdemeanors before their arraignment. The judge emphasized that a person’s ability to pay a large sum of money should not determine whether they remain in jail or are released, especially if they are low-risk and presumed innocent.
Presiding Judge Samantha P. Jessner stated, “A low-risk arrestee should not be held in jail simply because they cannot post the necessary funds to be released pending arraignment.” The new bail schedules, set to take effect from October 1st in Los Angeles County, will eliminate the requirement of money bail for misdemeanors and non-violent, non-serious felony offenses as a condition for release.
Instead, the protocols will focus on assessing an individual’s risk to public and victim safety, as well as their likelihood of returning to court. Arrestees charged with offenses such as theft, vehicle code violations, petty theft, and vandalism may be eligible for cite-and-release or book-and-release. However, offenses like possession of a loaded firearm and sexual battery will undergo review by a magistrate before pre-arraignment release.
It’s important to note that capital offenses such as murder with special circumstance allegations and certain other felonies identified in California’s constitution will not be eligible for pre-arraignment release.
Jessner addressed the issue of the preliminary injunction issued in May, which prevents the Los Angeles Police Department and the Los Angeles County Sheriff’s Department from demanding cash bail from many individuals awaiting arraignment. However, this injunction does not apply to over 50 other law enforcement agencies in the county that were not named in the lawsuit. Jessner highlighted the need for fair and equal access to release for all arrestees based on risk rather than wealth.
The court is confident that this new approach will enhance community safety and reduce failures to appear in court.
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