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.
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.
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