The Los Angeles County Superior Court has announced changes to its cash bail protocols, set to take effect on October 1. The new pre-arraignment release protocol will evaluate an arrestee’s risk to public or victim safety and their likelihood of returning to court, rather than focusing solely on their ability to post bail.
This move aims to reduce reliance on cash bail as a condition of release for individuals arrested on suspicion of non-violent, non-serious felonies and misdemeanors, according to Presiding Judge Samantha R. Jessner.
Instead of assigning a cash bail amount to low-level, non-serious offenses, arrestees will either be released at the location of their arrest or booked and then released on their own recognizance with a promise to appear in court.
For crimes posing a greater risk to the public, arrestees will be referred to a magistrate available 24/7.
This magistrate will determine appropriate non-financial pre-arraignment release terms and conditions necessary to mitigate public and victim risk. Examples of such 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 presented facts and arguments made by attorneys to determine necessary release conditions and bail to ensure safety.
However, those charged with capital offenses, felonies eligible for the death penalty, serious or violent offenses, or a felony while on probation or parole will not be eligible for the pre-arraignment release.
This reform reflects the ongoing debate on cash bail systems and the broader conversation on equity and fairness within the justice system.