Zero Bail - Did You Know

Zero Bail - Did You Know?

July 3, 2024 3:22 PM
by Erika Aklufi

On July 18, 2023, the Superior Court of Los Angeles County approved a new set of bail schedules for suspects arrested for misdemeanors and non-violent felony crimes. All police departments in LA County, including the Santa Monica Police Department, must comply with the terms of the zero-bail protocol.

The new bail schedule, which took effect in LA County on October 1, 2023, dictates one of three possible actions by law enforcement for an arrestee's release for most misdemeanor and some felony offenses: <_o3a_p>

1. Cite and Release-- Arrestee is released at the location of the arrest.<_o3a_p>

2. Book and Release-- Arrestee is booked in jail and then released on their own recognizance.<_o3a_p>

3. Magistrate Review-- Select cases referred to an on-call magistrate.<_o3a_p>

Following the protocols, Santa Monica Police Department officers must Cite and Release or Book and Release arrestees in nearly all theft offenses, vehicle code violations, and other property crimes like vandalism. A person arrested for False Imprisonment under this new protocol would be eligible for Book and Release. Under the previous bail schedule, their bail amount would be $50,000. Likewise, a person arrested for theft of an automobile is eligible for Book and Release, while under the previous bail schedule, their bail amount would be $35,000. Offenses involving guns, sexual battery, crimes against children/elders and contact with minors with intent to commit a sexual offense are examples of offenses subject to Magistrate Review. <_o3a_p>

What determines whether someone is released in the field or from the jail with a citation?<_o3a_p>

Every misdemeanor and felony crime in California is included in the LA County Court's bail schedule. Each charge is categorized as CR, BR, MR (all zero bail) or assigned a bail amount. The following is a link to the current misdemeanor bail schedule for reference. <_o3a_p>

LA County Misdemeanor Bail Schedule<_o3a_p>

How does Magistrate Review work? What triggers MR and when can a police department request MR?<_o3a_p>

For those offenses designated as either CR or BR, eligible arrestees will be released on their own recognizance with a promise to appear at arraignment either at the time of arrest (CR) or after being booked at a police station or other facility (BR). These arrestees are not required to post cash bail, and the offenses for which they are booked are designated in the schedule as zero-dollar bail ($0) bail offenses. However, arrestees booked for an offense designated as CR or BR who are currently on Felony Probation, Parole, or Post Release Community Supervision (PRCS) will be referred to a magistrate for review (MR). In addition, arrestees for certain offenses who have 3 or more failures to appear in other recent criminal cases will be referred to a magistrate for review. Magistrates will consider the available information to determine whether to release an arrestee on their own recognizance with no conditions, release them on their own recognizance with the least restrictive non-financial conditions, or defer consideration of release until arraignment under limited circumstances. All offenses in the MR category are designated as $0 bail offenses.

Authored By

Erika Aklufi
Lieutenant