The Cash Bail System in Los Angeles County

The Cash Bail System in Los Angeles County

The cash bail system in Los Angeles County has been a hot topic of debate for years now. With lawsuits calling the system unconstitutional and judges issuing injunctions against it, there have been some big changes recently regarding how bail is handled for people accused of crimes here.

Cash bail is when defendants have to pay money to the court in order to be released from jail while they await trial. The idea is that they will show up to future court dates if they could lose that money by skipping town. Makes sense in theory, right? But in practice, it ends up keeping a lot of low-income people stuck in jail because they simply can’t afford to pay their bail amount.

And being stuck in jail has huge consequences–people can lose their jobs, housing, even custody of their kids. So reform advocates argue that cash bail criminalizes poverty. On the other side, law enforcement worries eliminating cash bail could lead to more people skipping court and reoffending if they’re not held accountable.

A Major Change Coming October 1st

This debate has been playing out here in LA County for years. But a major change is coming October 1st, when new bail rules will go into effect for people accused of misdemeanors or nonviolent felonies.

Instead of cash bail, there will be a focus on assessing each person’s risk to public safety and likelihood to return for court dates. Low-risk people will be released, often under supervision. Detention will be reserved for those deemed a danger or flight risk [1].

This change comes after years of activism and lawsuits aimed at LA’s cash bail system. Back in 2020, a statewide zero bail emergency order was issued due to COVID-19 concerns in jails. Defendants were assessed for release based on risk instead of ability to pay. Reform advocates wanted to make these changes permanent.

Lawsuits Challenge the Cash Bail System

In 2021, a lawsuit filed by civil rights groups argued LA’s cash bail system was unconstitutional for discriminating against the poor [2]. This past May, the suit led to a preliminary injunction requiring $0 bail for nonviolent offenses while the case proceeds [3].

Then in July, another lawsuit led to a ruling that LA’s cash bail system violates due process and equal protection rights. The presiding judge announced new bail rules as a result, taking effect October 1st [4].

These lawsuits and injunctions have forced major bail policy changes here in LA County–at least for now.

What Do These Changes Mean?

For people arrested on misdemeanors or nonviolent felonies after October 1st, cash bail will no longer be required for pretrial release. Instead, their risk level will be assessed using factors like criminal history and previous missed court dates. Low and medium-risk defendants are to be released, often under supervision.

Only those deemed high-risk can be detained pretrial. And there are still protections–detention decisions can be appealed, and periodic reviews are required for those held [5].

Cash bail remains for serious and violent crimes like robbery, rape, and murder. But for many lower-level offenses, money will no longer determine freedom.

Reactions to the Changes

Civil rights groups celebrated the shift away from cash bail as a victory against discrimination. But law enforcement groups warned of unintended consequences and public safety risks.

The ACLU said these changes will “dramatically reshape the pretrial system to one that is fairer to the poor.” However, the union representing LA deputies argued zero bail policies threaten community safety by releasing dangerous people.

Some key players seem open to refining the reforms. The new LA County Sheriff has said he supports ending cash bail but wants judicial discretion to detain dangerous people [6].

What’s Next for Bail Reform?

The legal battles over cash bail in California are far from over. The recent changes only affect LA County, and could be reversed by future rulings or new laws. There are also ongoing debates about reform details like how risk is assessed.

But these unprecedented new policies here in LA mark a major shift away from wealth-based pretrial detention. California is seen as a leader in the national bail reform movement. All eyes will be on how these changes play out in America’s largest local jail system.

One thing is clear – cash bail has a tenuous future in LA County. As debates continue, the days of money determining freedom are numbered.