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LASD Develops New Custody Bail Procedure Following Court Ruling

The Los Angeles County Sheriff’s Department (LASD) has developed a new bail procedure in the wake of a Los Angeles Superior Court ruling that stated the previous schedule violated constitutional Due Process rights. 

California Superior Court Judge Lawrence P. Riff declared on May 16, 2023, 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 (LAPD) and the Los Angeles County Sheriff’s Department (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 October 20, 2020, at 5:00 p.m.

  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 most crimes such as of violence, sexual offenses, domestic violence, and offenses involving weapons.  Please 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 above, 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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LASD Develops New Custody Bail Procedure Following Court Ruling

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About Jade Aubuchon

A Santa Clarita native, Jade has spent her whole life involved in community outreach. After graduating from Learning Post High in 2015, she went on to College of the Canyons to pursue a double major in English and Marketing. Jade spent several years as a ballroom dance performer for a local studio and has performed at public and private events throughout Santa Clarita. As KHTS Co-News Director Jade oversees the KHTS news team, which covers all the latest news impacting Santa Clarita. Along with covering and writing her own news stories, Jade can be heard broadcasting the daily local news every weekday morning and afternoon drive-time twice an hour on KHTS 98.1FM and AM-1220. Jade is also instrumental in reporting on-the-scene local emergencies, covering them on-air and via Facebook Live and YouTube. Another dimension to Jade’s on-air skills and writing are her regular political and celebrity interviews, including her bi-monthly interview with our Congressman Mike Garcia and many other local politicians and community leaders.