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LAPD Chief Moore said of keeping bail “there’s consequences for going out & committing serious offenses, felony offenses...you face the risk of being incarcerated & punished."
A July 18th press release from the Los Angeles Superior Court outlined the details of Presiding Judge Samantha P. Jessner's new set of bail schedules which includes "safe and fair Pre-Arraignment Release Protocols". Judge Brazile's open ended zero bail policy was established in June of 2020, based on Covid parameters and issues. The decision is meeting with push-back by law enforcement and city officials in Los Angeles County. A March court decision limiting bail precluded Judge Jessner's new bail schedule.
"The new bail schedules reflect the conclusions of the Judicial Council of California’s 2017 Pretrial Detention Reform Workgroup that pretrial systems that rely exclusively on the financial
resources of the accused are inherently unsafe and unfair"
According to the press release the basis for removing the bail was
- "The United States Supreme Court has stated that “in our society liberty is the norm, and detention prior to trial is the carefully limited exception,” and the Court’s action today seeks to make this a reality."
- The California Constitution provides that the purpose of bail is to ensure an arrestee appears for
all court appearances and reduce the risk to public or victim safety. - The Constitution prohibits excessive bail and requires that judicial officers take into account
- the protection of the public
- safety of the victim
- seriousness of the offense charged
- previous criminal record of the defendant, and the
- probability of the arrestee appearing at court appearances.
Police Chief Moore expressed another purpose for a bail imposed on a person arrested, when he testified in August:
“there’s consequences for going out and committing serious offenses, felony offenses...those consequences are that you face the risk of being incarcerated and punished."
Whittier Seeks Injunction for Zero-Bail | News List | Whittier, CA (cityofwhittier.org)
However, a study four years after The Bail Reform Act of 1984 was passed suggested " After the Act, defendants required to post bail were more likely to raise the necessary bail and be released (6390) than before (50%)"
A lawsuit by 12 cities was filed late Friday 9/29/23, in response to the decision. Those 12 cities are: Arcadia, Artesia, Covina, Downey, Glendora, City of Industry, Lakewood, La Verne, Palmdale, Santa Fe Springs, Vernon, & Whittier.
Covina Police Department expressed concern: "As an example of this change, a person arrested for False Imprisonment under this new protocol would be eligible for book and release. Under the previous bail schedule, their bail amount would be $50,000. Likewise, a person arrested for theft of an automobile is eligible for book and release, while under the previous bail schedule, their bail amount would be $35,000. In summary, most arrestees will not be held in custody, but instead released immediately. This represents a significant change in public safety protocols for all law enforcement agencies in Los Angeles County."
Modern Doctrine on Bail | Constitution Annotated | Congress.gov | Library of Congress
- Bail...is excessive in violation of the Eighth Amendment when it is set at a figure higher than an amount reasonably calculated to ensure the asserted governmental interest.
- There is, however, no absolute right to bail in all cases.
- In a civil case, the Court held that the prohibition against excessive bail does not compel the allowance of bail in deportation case
- the very language of the Amendment fails to say all arrests must be bailable.
"Uniform county bail schedules are established by the Court under the authority granted by Penal Code Section 1269b(c).
Under the traditional bail schedule model, crimes correspond with specific dollar amounts, which individuals can post as bail to secure release prior to their arraignment, which is typically held within 48 hours of arrest if the arrestee is detained, regardless of the arrestee’s risk to public safety and likelihood to return to court
November 3, 2020 - Voters rejected a "No Bail" initiative. Proposition 25. Then in January 2021 Senate Bill 262 was introduced by Van Nuys State Senator Bob Hertzberg. It failed to pass during the 2021/2022 legislative session. Bill Status - SB-262 Bail. (ca.gov)
However, there are currently 47 bills in Sacramento, related to bail in various stages of the legislative process.
Including AB791 which as of 9/30/23 remains on the desk of Governor Newsom to sign. "This bill would prohibit a person convicted of an offense punishable by life without the possibility of parole from being released on bail. By requiring county jails to hold additional defendants, this bill would impose a state-mandated local program."
AB 1266 is in Committee and addresses ". Infractions: warrants and penalties.(1) Existing law makes it a misdemeanor to willfully fail to appear in court, as specified. Existing law, when a person has failed to appear and has not posted bail, requires the magistrate to issue a warrant for the person’s arrest within 20 days of the failure to appear. This bill would make those sections only apply when the underlying charge is not an infraction.
Related articles:
Unopposed Zero Bail Judge Wins Re-Election | San Fernando Valley News Portal (town.news)
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