LA County's new zero bail criticized as an “insane,” demoralizing “social experiment”
John William Waterhouse: Pandora, 1896. Image in Public Domain
Though Californians voted to reject zero bail back in 2020—and SCC abolished zero bail after serious backlash from SJPD's Sgt and others—LA County's Superior Court recently decided to ditch what it deems “criminogenic” (crime-amplifying) cash bail policies. As the policy now takes effect, County Sheriff Robert Luna explains in the Globe why he—along with local crime victims—questions the change's efficacy.
For several years, California and many counties have been in a constant back and forth over cash bail. A statewide ballot initiative over doing away with cash bail, Proposition 25, was voted against by 56% of voters in 2020. Despite this, lawmakers in Sacramento quickly hit back, putting in legislation such as SB 262 that set $0 bail for most offenses, going against the wishes of voters and being celebrated despite evidence showing that zero bail only brings in more crime. Many counties also went further, with Los Angeles County bringing back zero bail in May and announcing in July that a new zero bail policy would go into effect beginning on October 1st.
Lawsuits also entered the mix, with many pointing at the LA County holding facility and the deaths, suicides, and injuries that occur there when people cannot afford bail. The case itself even led to the injunction that brought back zero bail to the city and County.
According to the new bail rules, nearly all defendants will either be cited and released from jail, or freed without bail after their case is reviewed by a judge, with a court date to be determined later. Judges will also be available 24 hours a day and seven days a week to institute conditions of release, make case determinations, and literally decide if they are to go free that day. Felony cases will still require bail, as will some misdemeanor cases such as domestic battery, violation of a protective order, and stalking.
In the days leading up to the October 1st start date law enforcement officials and members of the Los Angeles County Board of Supervisors argued over the need of bail, with most Supervisors saying that the current system favors those with enough funds to get out of jail and discriminating against those who don’t, and law enforcement officials saying that both citizens and officers are demoralized by the zero bail practice and that it could encourage those released to commit more crimes.
“Our communities have not been shy about telling us how nervous they are about this change,” explained LA County Sheriff Robert Luna to the Board of Supervisors last week. “Crime victims who see offenders immediately released from custody are left with little confidence in the criminal justice system. I understand the need to respect the constitutional rights of arrestees, but zero-bail can demoralize deputies and police officers who work hard to make arrests, only to watch the offender walk away with a citation as the victim looks on in disbelief.”
This article originally appeared in the California Globe. Read the whole thing here.
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