Agenda #: 7.1
Meeting Date: October 17, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: NEW ZERO-BAIL SCHEDULE FOR LOS ANGELES COUNTY.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Discuss and provide direction as deemed appropriate.
FINANCIAL IMPACT:
None.
BACKGROUND:
On October 1, 2023, a new bail schedule (zero-bail schedule) went into effect in Los Angeles County that eliminated the bail requirements prior to arraignment for many nonserious or non-violent felonies and misdemeanors. The new process will result in a person being cited/booked, then released without the need to post bail prior to arraignment for such offenses. Persons who commit serious or violent offenses remain eligible to post bail prior to arraignment. All release conditions of an arrestee may be reconsidered at the time of arraignment.
As the Council is aware, Diamond Bar contracts with the Los Angeles County Sheriff’s Department to provide law enforcement services. The bail schedule applies to all cities and unincorporated areas within the Los Angeles County regardless of who provides law enforcement services.
On September 29, 2023, the City of Whittier, along with 11 other LA county cities filed a lawsuit seeking an injunction on the implementation of the new bail schedule. These cities include the cities of Artesia, Covina, Downey, Glendora, Lakewood, Santa Fe Springs, Palmdale, Arcadia, Industry, Vernon, and La Verne, most of which have their own independent Police Departments (Attachment 4).
On September 28, the Los Angels County Division of the League of California cities submitted a letter asking the court to suspend implementation of the new zero-bail schedule and evaluate the potential impact and collaborate with the Los Angeles County cities and law enforcement agencies throughout the Los Angeles County (Attachment 2). Presiding Judge Samantha Jessner responded to the Leagues’ correspondence on October 10, 2023, explaining in more detail the purpose and intent of bail in the pre-arraignment setting, the efforts to develop a bail schedule in response to pending litigation, and offers to provide law enforcement agencies training in working under the new system (Attachment 3).
At the October 3, 2023 meeting, Mayor Chou, with the concurrence of the Council (Council Members Low and Tye were absent) requested staff to agendize the matter for discussion and possible action. At the time of this report preparation, there is no updated information as to the status of the lawsuit.
DISCUSSION:
Legislative Platform:
The City Council has established a Legislative Platform that sets priorities for taking positions on Legislation. The priorities related to Public Safety include:
a. Support legislation that enhances local crime prevention and reduction efforts, particularly for those related to violent and property crimes and sales or manufacturing of illegal drugs.
b. Support legislation that addresses statewide increases directly related to realignment and early release initiatives.
c. Support legislation that strengthens consequences for those convicted of burglary, larceny theft, and vandalism of public property.
While the new zero-bail schedule is not legislation, it does make revisions to the established criminal law system applicable to Diamond Bar that could be considered to be in conflict with these priorities. The Council always has the discretion to communicate concerns on matters that directly impact the City of Diamond Bar.
At this time neither the Los Angeles County Board of Supervisors or Sheriff Robert Luna has taken a position to challenge or oppose the matter. It is our understanding that the Sheriff’s Department is working with the courts and District Attorney to understand and work most effectively within the new system to continue to protect the communities they serve. It is also our understanding that the California Contract Cities Association has not taken a position on the matter and will also be working to coordinate efforts with the Los Angeles County Sheriff’s Department.
Options:
Options that are available to the Council include:
a. Take no action at this time and continue to monitor the matter. b. Submit correspondence from the City Council to the Los Angeles County Superior Court expressing concerns regarding the new zero-bail schedule and requesting additional review and reconsideration (Draft Letter Attachment 1).
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.1.a DiamondBar PARP 10-17-2023
2. 7.1.b LACD PARP Letter 9.28.23
3. 7.1.c 2023-10-10 Response Letter from PJ Samantha Jessner re PARP to LACD Cal Cities
4. 7.1.d Petition for Writ of Mandate