Who’s going to bail LA County out of this one?
Twelve communities in LA county announced Friday that they will be suing the county because of its new zero-bail policy that took effect on Sunday. The county went forward with the policy despite the objections of numerous law enforcement and civic leaders who argue that it will undermine the efforts to fight crime in Los Angeles.
The policy states that a defendant’s financial situation should not be the primary factor that dictates if the defendant stays in jail, depending on the offense committed. The policy went into effect nearly three months after the decision was made in July by the Los Angeles Superior Court, arguing that cash bail is discriminatory towards minorities and low-income individuals.
However, this new policy has shown to be extremely controversial, with Los Angeles communities Arcadia, Artesia, Covina, Downey, Glendora, City of Industry, Lakewood, La Verne, Palmdale, Santa Fe Springs, Vernon, and Whittier all teaming together to fight the new system.
The LA County jails are facing an overcrowding crisis, and the policy is aiming fix this issue. Former Federal Public Defender in Los Angeles Chad Pennington shared how costly bail has a negative impact on LA prisons.
Pennington: It leads to over swelling of your prison population because most people can’t make the bail. So, you have a growing prison population, which is fairly costly for the state and the county to engage in.
Criminal suspects accused of non-violent or non-serious crimes will be cited and released when they previously would have been held in jail on bond. This includes most theft offenses, vehicle code violations, petty theft, vandalism, and other misdemeanors. However, there is a large category of offenses subject to magistrate review, where a judge will decide whether the offender will be held in jail on bail or released until trial. Offenses that fall under this category include offenses involving firearms, sexual battery, violence against children or elders, contact with a minor with intent to commit a sexual offense, and assault and battery.
Offenses that are not eligible for bail or magistrate review include capital offenses such as murder.
Pennington explained the process used by the magistrate while deciding whether an offender should be released until their trial.
Pennington: There’s just two primary considerations. Is the person likely to show up again for a future proceeding? And do they pose a community risk if they’re released?
The communities are suing the county because they are concerned that those who committed a crime falling under this category of magistrate review may pose a threat to the community if they are not held in jail until trial. Pennington shared his thoughts.
Pennington: I don’t really think it’s is going to contribute to an increase in crime. I think what it is going to contribute to is a decrease in what was already an overwhelmed prison system.
However, he had his concerns.
Pennignton: Bail is an instrument to ensure that there’s not community risk if that person remains free pending resolution of the case and they’re not a flight risk.
With twelve communities fighting back against this policy, only time will tell what the future of the LA county jail system will hold.
For Annenberg Media, I’m Mia Russman.