The Los Angeles County Superior Court has approved changes to its cash bail protocols, officials announced this week.
The new pre-arraignment release protocol, which take effect on Oct. 1, will determine release based on an arrestee’s risk to public or victim safety and their likelihood of returning to court.
This will reduce reliance on cash bail as a condition of release for people arrested on suspicion of non-violent, non-serious felonies and misdemeanors, according to Presiding Judge Samantha R. Jessner.
“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,” Jessner explained in a news release announcing the changes Tuesday. “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 will replace uniform ones for felonies and misdemeanors before arraignment.
That means that instead of assigning a cash bail amount to low-level, non-serious offenses, arrestees will be released at the location of their arrest or booked and then released on their own recognizance with a promise to appear in court.
Those arrested for certain crimes that pose a greater risk to the public will be referred to a magistrate – which are available 24/7 – who will then determine appropriate non-financial pre-arraignment release terms and conditions for the arrestee necessary to reduce the risk to the pubic and a victim, officials explained.
Examples of release terms and conditions include prohibitions against engaging in illegal conduct, text reminders about court appearances, home supervision and electronic monitoring.
All release conditions may be reconsidered by a judge during arraignment, at which time, the judge will consider the facts presented and the arguments made by attorneys to determine release conditions and bail necessary to ensure safety.
Anyone charged with capital offenses or felonies that are eligible for the death penalty will not be eligible for the pre-arraignment release, officials indicated.
Additionally, anyone arrested for serious or violent offenses remain eligible to post cash bail for pre-arraignment release, but will not be eligible for cite/book and release or magistrate review.
Also, anyone arrested for a felony while on probation or parole will not be eligible for cite/book and release or magistrate review.
For more on the new bail schedule for misdemeanors, click here, and for more on bail schedule for felonies, click here.
