Santa Monica Joins Lawsuit Opposing New Zero-Bail Protocol

SANTA MONICA, CA — The Santa Monica City Council voted 4-3 to join a lawsuit opposing Los Angeles County's recently adopted zero bail protocol at the Oct. 10 meeting.

Beginning Oct. 1, police departments in the county were required to follow the new schedules that would have most suspects arrested for non-violent felonies and misdemeanors cited or booked and then released.

News of the new bail schedule was met with concern from residents who argued the old system criminalized poverty, while others argued the change would encourage further crime in Santa Monica.

The council members discussed the item during a closed session but commented on their votes when the public meeting resumed. Mayor Gleam Davis and Councilmembers Caroline Torosis and Jesse Zwick voted against joining the lawsuit.

"I do not think that this lawsuit in any way makes the city safer or keeps more criminal people off the street. In fact, it actually reduces the County's ability to come up with a better bail system that the judicial council is trying to institute," Davis said

Originally, only 12 cities decided to sue the county. According to officials, a total of 26 cities have now joined the coalition so far and another additional five or six are looking to join pending council approval. This includes Santa Monica as well as Whittier, Manhattan Beach, Beverly Hills, Downey, Vernon, Arcadia, Glendora and more.

On July 18, the Los Angeles County Superior Court approved the new zero-bail protocol, which in turn means all county police departments must comply with the rule change.

Under the new protocol, nearly all theft offenses, vehicle code violations, other property crimes like vandalism, and some serious crimes that are deemed non-violent are either cited or booked and released or referred to an on-call magistrate.

The magistrate has the discretion to determine the appropriate release terms and conditions. Capital offenses such as murder with special circumstances and limited felonies are not eligible for zero bail release.

The new release protocols replaced traditional bail schedules. For example, a person arrested for vehicle theft would have had a bail amount of $35,000 under the previous schedule. With the new protocol, the person is eligible for Book and Release.

According to SMPD, offenses involving guns, sexual battery, crimes against children/elders and contact with minors with intent to commit a sexual offense are referred to magistrate review.