LA Area Cities Protest Zero Bail Policy
California’s Constitution has two sections on bail. Both of them begin “A person [shall/may] be released on bail by sufficient sureties” followed by some exceptions. The differences between the two have yet to be worked out (stayed tuned), but two things are clear. First, the Constitution requires “sufficient sureties” for release on bail. Second, own-recognizance release is allowed on a discretionary basis, clearly intended as a case-by-case determination.
The Superior Court judges for Los Angeles County have nonetheless decided that most arrestees will be released with no surety at all, i.e., zero bail, and without any individual determination that the individual arrestee is a suitable candidate for “OR.” Can’t let a little thing like the Constitution get in the way of the agenda.
There are 88 cities in this massive county, and some of them are deeply unhappy about this.
reports in the Acorn:
Local city councils are pushing back against Los Angeles County’s new zero-bail policy, which critics say will worsen an already deteriorating public safety situation by letting many arrestees go free before arraignment.
The Las Virgenes-Malibu Council of Governments held an emergency meeting last week to approve a letter to the presiding judge of the Los Angeles County Superior Court urging suspension of the policy, which went into effect Oct. 1. The cities of Calabasas, Hidden Hills, Malibu and Westlake Village voted in favor of the letter. Agoura Hills abstained, as its representative required approval from the full City Council.
Under the new rules, known as the Pre-Arraignment Release Protocols, those arrested for most kinds of theft, vehicle code violations and property offenses such as vandalism can be booked and then released without paying any cash bail.
People collared for more serious crimes—including those involving firearms, sexual battery and violence against children or elders—are subject to review by a magistrate, who can determine non-financial conditions of release, such as home supervision and electronic monitoring.
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“These new protocols represent a substantial change for all law enforcement agencies in Los Angeles County. . . .” the letter states, and “will increase their already burdened workload and significantly hinder their ability to protect our residents.”
“Our citizens have been increasingly voicing their serious concerns for their safety, based on the rise in crimes in our region,” the letter continues, citing offenses including assaults, organized retail theft and other property crimes.
According to the California Department of Justice, the state’s violent crime rate rose 6.1% in 2022, while the property crime rate increased 6.2%.
The letter is here.
Awareness continues to grow in politically left-of-center areas of the wrongheadedness of recent changes in criminal justice. Malibu, in particular, is a very heavily Democratic area politically.