LASD, LAPD Develop New Custody Bail Procedure

California Superior Court Judge Lawrence P. Riff declared May 16 that enforcing the bail schedule, including monetary bail, violates the Due Process clause of the U.S. and California Constitutions. As a result, the judge has issued a preliminary injunction that prohibits the application or enforcement of the Los Angeles Superior Court’s 2022 felony bail schedule and 2022 bail schedule for infractions and misdemeanors by the Sheriff’s Department and the Los Angeles Police Department before arraignment.

This ruling will impact only pre-arraigned arrestees and applies solely to the Los Angeles Police Department or LAPD and the Los Angeles County Sheriff’s Department or LASD. The 45 independent city agencies within the county may continue to hold their inmates from arrest through arraignment.

As part of the court’s directive, the Sheriff’s Department will now adhere to the provisions outlined in the “Third Los Angeles County Emergency Bail Schedule Modification” effective Oct. 20, 2020.

1. Elimination of cash bail: The modification aimed to eliminate the requirement of posting cash bail for most misdemeanor and non-violent felony offenses. Instead, individuals charged with these offenses would be released on their recognizance or subject to non-monetary conditions.  The Los Angeles County jail system will not accept inmates who do not meet the exception criteria outlined in the emergency bail schedule, this includes court lock-ups. These arrestees will need to remain in the custody of the arresting agency until the arraignment is complete or the arrestee is released by that agency.
2. Exceptions for certain offenses: The modification did not apply to serious or violent offenses, including certain crimes such as of violence, sexual offenses, domestic violence and offenses involving weapons. Review the exception criteria outlined in the emergency bail schedule.

The judge’s ruling also updates the “Repeat Offender” provision, stating that subsequent offenses committed while released on $0 bail during the abeyance period will be subject to bail parameters set forth by the applicable bail schedule.

The ruling will not affect parole and probation revocations unless they fall under the pre-arraigned provision of the preliminary injunction. Parole or probation warrants undergo judicial review before being issued.

As noted, this ruling only applies to pre-arraigned arrestees. Inmates remanded by the Superior Court will continue to be accepted into the Los Angeles County jail system.