Taking Action: Southland Cities Unite to Block LA County’s Zero-Bail System Through Court Order

A dozen Southland cities file last-minute court action to block implementation of zero-bail system in Los Angeles County

Twelve cities in the Southland region have filed a court action just hours before the zero-bail system is scheduled to take effect in Los Angeles County. The system would eliminate cash bail for individuals arrested for non-violent or non-serious crimes, allowing them to be released with a citation to appear in court at a later date. The cities argue that this switch to the zero-bail system poses a threat to public safety. In court papers, they express grave concerns over reduced enforcement and criminal consequences for low-level offenses that have significant impacts on their communities.

It remains uncertain when the cities’ request for an injunction will be addressed, given that the zero-bail system is set to start on Sunday. The Los Angeles Superior Court announced the zero-bail schedule in July, with an effective date of October 1st. However, it is unknown why the cities waited until the last minute to file a legal challenge.

Glendora Mayor Gary Boyer stated that ensuring the safety of community members is their responsibility, and the zero-bail system fails to support local leaders in fulfilling this duty. Additionally, other cities, including Whittier, Artesia, Covina, Downey, Lakewood, Santa Fe Springs, Palmdale, Arcadia, Industry, Vernon, and La Verne, have joined the litigation.

No comments were available from the Los Angeles Superior Court after hours on Friday regarding the legal challenge.

The zero-bail system, officially known as Pre-Arraignment Release Protocols (PARP) by the Los Angeles Superior Court, almost entirely eliminates cash bail for non-serious and non-violent crimes. Most individuals arrested for such 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 at a later date. Persons posing a higher public threat or flight risk will be reviewed by a magistrate judge, who will determine whether they should be held in custody or released with non-financial restrictions.

Once charged and present in court for arraignment, a judge has the authority to change or revoke the defendant’s release conditions. However, serious offenders like murder suspects are not eligible for zero-bail release.

The new system addresses the longstanding criticism that cash bail favored wealthier individuals, allowing them to pay their way out of jail for even the most serious crimes, while lower-income individuals were detained for lesser offenses. The zero-bail system focuses on the risk an offender poses to public safety and their likelihood of appearing in court, rather than relying on cash bail.

During a recent hearing, court officials emphasized that the zero-bail system does not imply a lack of accountability for criminals. It only applies to pre-trial detention decisions. Offenders who violate release conditions or commit new offenses while on release will face arrest.

County Supervisor Holly Mitchell stressed that the zero-bail system does not mean criminals are evading punishment for their crimes, cautioning against conflating bail with accountability. She stated that bail only signifies the ability to pay to get out of jail.

Supporters of the program have opposed critics who claim it will lead to increased crime and reduced public safety. A report by the county last year analyzed the impacts of a zero-bail system enacted during the COVID-19 pandemic and found that rates of failure to appear in court and rearrest or new offenses remained similar to historical averages. Additionally, the Judicial Council of California released a recent report indicating that a risk-based zero-bail system actually enhances public safety, with decreases in rearrest rates for misdemeanors and felonies.

David Slayton, CEO of the Los Angeles Superior Court, informed the Board of Supervisors that while the percentages may seem small, they represent a significant reduction in re-arrest rates.

Reference

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