On 7th December 2020, George Gascon was sworn in as the District Attorney of Los Angeles County. After assuming office, he issued several policies and committed his administration to massive changes in criminal sentencing. George’s new policies brought changes to the district attorney’s office on matters such as resentencing of defendants, eliminating cash bail, juvenile court proceedings, among other policies. 

 Following the new directives, defendants who have already been sentenced and those whose cases are pending in court will see a substantial reduction in their maximum period of confinement. 

As of December 2020, anyone convicted of a crime has the right to petition the court for an immediate release from custody or for a reduced sentence duration.  The new policies are designed to reduce the population of prisoners in cells of the Los Angeles District.

What are Los Angeles DA special directives?

For a better understanding, this article summarizes these policies as explained below.

Pre-Trial Release Policy

This directive aims to reform the cash bail policy. It ensures that cash bails don’t result in long periods of pre-trial incarcerations that could harm the defendants and their families. Individuals charged with a crime shall be released under the presumption of their rights without conditions. 

However, if deemed necessary to protect the public interest and safety, the court might consider pre-trial detention. Such conditions must be relevant to the charges and must be established after gathering convincing evidence that granting the defendant complete freedom can likely cause harm to the general public. 

Misdemeanor Case Management

This special rule implements many reforms to misdemeanor case management. It directs that the prosecution of a misdemeanor offense must take into consideration the health condition of the accused. A court must not force pre-trial incarceration when the defendant’s commission of the crime can be directly attributed to the unavailability of good mental care services, substance abuse, or want of access to affordable housing. 

The court must dismiss these charges without any conditions for the defendant. Rather than charging the defendant under these unfavorable conditions, the court must direct the defendant charged with a misdemeanor offense to get the medical care they need. 

Sentencing allegations

In a sweeping move, the Los Angeles County Attorney ordered all deputy district attorneys not to file new cases, including sentence allegations or sentencing enhancements. He also directed them to dismiss such allegations and enhancements in all pending cases as soon as possible. This directive enumerates some of the most commonly used enhancements such as five-year prior, three-year prior, prior-strikes, bail violations, gang enhancement, and proposition eight. 

Youth Justice

This directive seeks to protect the youth’s rights. It orders courts to seek alternatives to youth detention. The court must understand that the youth share certain traits that should be considered when charging them, including susceptibility to peer pressure, recklessness, and lack of discipline and guidance. This directive is aimed at keeping the youth, as much as possible, from getting involved in the juvenile system.

Death Penalty Policy

This policy discourages the Los Angeles District Attorney’s office from resorting to the death penalty when deciding sentences for convictions. The death punishment undermines the moral authority of the court system since it disproportionately affects defendants of color. For instance, in California, people of color who were sentenced to the death penalty comprised 59% of the total.  

Resentencing

This policy orders the court to re-evaluate the prisoners after serving for 15 years to determine whether they meet the criteria for resentencing. It was designed to address the injustices of people serving jail terms according to old and outdated policies. The court must correct these injustices by applying new policies. This directive sets the criteria that cases must meet to be eligible for review, and it also outlines rules for handling these cases. 

Any defendant convicted of a crime needs to contact their lawyer to determine their eligibility for a reduced jail term or an immediate release under the Los Angeles District Attorney’s new directives. 

Victim Services

This policy focuses on using court resources to bring civil justice to violent crime victims. It aims to protect the rights of the victims and provide them with better services when recovering from trauma. Most often than not, violent crime victims suffer from the effects of trauma for many years, and they’ll need financial and mental support to heal. The court requires the Bureau of Victim Services agency to support the survivors of violent crimes regardless of their citizenship. 

Takeaway

The abovementioned new directives will help reduce the number of criminal cases in the Los Angeles County court system. Also, they’ll reduce crimes in the city and help cut the law enforcement budget by millions of dollars. People should be aware of these changes to protect their rights and get the support they need from the authorities and the courts. They deserve to know that their rights are protected under the law as long as they respect and uphold the same.