LA Superior Court deems zero bail successful despite lawsuit by 29 cities.
The Los Angeles County Superior Court Releases Initial Data on Zero-Bail System
The Los Angeles County Superior Court recently shared the first results of its new zero-bail system, countering concerns raised by some officials and community members. The data shows that the system has been successful so far and has not compromised public safety.
The new bail schedule, which went into effect on October 1, allows for the release without bail of individuals arrested for low-level or nonviolent offenses. This includes crimes such as car theft, burglary, theft of property, retail and commercial theft, possession of stolen property, forgery, and drug sales.
“This new system is working exactly the way it was intended—the vast majority of those determined by a magistrate to be a significant risk to public and victim safety, or a significant flight risk, are being temporarily held in jail prior to arraignment, while the vast majority of those who pose little risk to public or victim safety and are likely to return to court are being released with non-financial conditions,”
– Presiding Judge Samantha P. Jessner
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According to the report, less than 3 percent of individuals booked on suspicion of a crime were re-arrested within the analyzed three-week period. Judge Jessner emphasized that the new system is fairer than the previous money bail system, which allowed high-risk individuals to buy their release while low-risk individuals remained in jail due to lack of funds.
New Policy
Under the new policy, individuals detained for non-violent or non-serious offenses are either issued a citation and released at the scene or booked and subsequently released from a police or sheriff’s station. Those considered higher risk may be brought before a magistrate judge to determine if they should remain in custody or be released under non-financial conditions.
Once charged and having appeared in court for arraignment, a judge has the authority to modify or revoke the defendant’s release conditions.
According to the report, 40 percent of the 5,113 bookings recorded this month fell under the conventional bail system, while 27 percent underwent a magistrate review.
The zero-bail system was initially implemented during the COVID-19 pandemic to prevent jail overcrowding. Despite facing opposition and criticism, the system has been reinstated and is currently in effect.
Opposition
The zero-bail policy has faced criticism from law enforcement and local officials who are concerned about its potential impact on public safety. Los Angeles Police Chief Michel Moore expressed concerns about releasing individuals with repeated instances of serious offenses and the potential lack of deterrence.
Some individuals have also questioned the accuracy of the initial data released, arguing that three weeks is not enough time to assess the effectiveness of a county-wide plan. They also raised concerns about the impact on law enforcement resources.
Despite the opposition, the zero-bail system remains in place, and more than two dozen cities in Los Angeles County have filed a lawsuit to halt its implementation. The lawsuit is currently pending in Orange County Superior Court.
How does the zero-bail system benefit individuals who do not pose a significant risk to public safety while awaiting trial?
Hat this supports the argument that many individuals arrested for low-level offenses do not pose a significant risk to public safety and can be safely released without bail.
The zero-bail system was implemented as a response to concerns over the unfairness and inequity of the traditional cash bail system. Under the old system, individuals who could not afford bail often languished in jail, while those with means could secure their release. This created a two-tiered system of justice that disproportionately affected low-income communities.
With the new system in place, individuals who do not pose a significant risk to public safety are able to return to their communities while awaiting trial. This reduces the burden on the jail system and allows individuals to maintain their employment, care for their families, and seek legal representation.
Critics of the zero-bail system have raised concerns about potential increases in crime rates and failures to appear in court. However, Judge Jessner pointed out that the data does not support these concerns. In fact, the report shows that individuals released under the zero-bail system are more likely to return to court than those who were subject to financial conditions of release.
It is important to note that the zero-bail system does not apply to individuals charged with serious or violent offenses. Those considered to be a significant risk to public safety or a flight risk are still held in jail pending their arraignment. The system is designed to strike a balance between protecting public safety and addressing the inequities of the cash bail system.
The initial data released by the Los Angeles County Superior Court offers promising results and provides support for the ongoing implementation of the zero-bail system. As more data becomes available, it will be important to continue monitoring the impact of this new approach to ensure that public safety is maintained without perpetuating inequalities within the criminal justice system.
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