Tulare County Superior Court announces an end to the $0 bail schedule put in place to curb spread of COVID-19 in jails
TULARE COUNTY – Tulare County shucked many of the regulations that were handed down from the state when the pandemic began. As of last week local courts are happy to let go of one more.
The Tulare County Superior Court announced that they are moving on from the “zero dollar” bail schedule handed down by the California Judicial Council. Officials in law enforcement said zero dollar bail for certain offenses created a revolving door of criminals in the county. In a press release last week the superior court announced their decision.
“Upon a majority vote of the counties’ judges, effective May 3, 2021, the court has repealed the application of the emergency or “zero dollar” bail schedule and will return to the previously suspended Tulare County bail schedule, originally adopted on Nov. 15, 2016,” the press releases stated.
Court executive officer, Stephanie Cameron, added “this is another step in returning the court to normal operations and we are optimistic we will continue to move in that direction as it is determined safe to do so.”
Still, the press release stated that the court will continue to evaluate its emergency orders as statistical trends related to the COVID-19 pandemic are received.
This is not the first time the emergency bail schedule was lifted. The California Judicial Council agreed to lift the zero-dollar bail schedule—that affected all misdemeanors and low-level felonies—but then presiding judge Brett Aldridge said it would remain in effect until after 90-days after the governor declares the state of emergency related to the COVID-19 pandemic is lifted or until the order is amended by the Tulare County Superior Court.
At that time the Tulare County Jail experienced its first outbreak of COVID-19 when 11 inmates contracted virus. Sheriff Mike Boudreaux saw the inside of a federal courtroom over COVID-19 protocols. U.S. District Court Judge Dale A. Drozd wrote in a Sept. 3 ruling that Boudreaux had not “memorialized” any of the protocols or directions for COVID-19.
“[Sheriff Boudreaux] has also not presented any evidence to the court of an adoption of any sort of comprehensive social distancing policy,” Drozd wrote in his ruling.
Another case was filed by the American Civil Liberties Union when inmates came forward in December about an outbreak at Bob Wiley Detention Facility. In that filing, ACLU attorneys outline alleged breaks of in-take protocol and other unsanctioned measures to help limit spread of the virus.
Tulare County community members along with District Attorney Tim Ward said the zero-dollar bail schedule let criminals run rampant through the streets. However, Ward said Aldredge closed many of the loopholes from the state-mandated order such as adding human trafficking for forced labor, child abuse and neglect, elder abuse, auto theft, burglary and failing to register as a sex offender to list of crimes that are exempt from $0 bail.
The bail schedule had created a revolving door of justice in county superior courts, where criminals would be released and rearrested prior to appearing in court for the first crime. The most glaring example of the ruling’s effect was 22-year-old Kyle Baker. On April 19, 2020, Baker was alleged to have been driving a stolen dairy vehicle with $10,000 worth of property in the bed. Baker was initially charged with driving a stolen vehicle, grand theft, drug possession, and misdemeanor looting. At his arraignment two days later, the court released him on his own recognizance.
Two weeks after that, Baker was pulled over on May 3, 2020 in what was discovered to be another stolen vehicle. After being arrested and ordered to return to court on July 6, 2020. He was immediately released from jail on $0 bail. He was later charged with grand theft auto, looting, possession of drugs and paraphernalia. On May 15, 2020 prosecutors filed an additional felony case of driving a stolen vehicle and possession of burglary tools for an incident that was alleged to have occurred on March 11, a little more than a month prior to his April 19 arrest.
On June 2, 2020 Baker was arraigned on grand theft auto, looting and possession of drugs and drug paraphernalia for allegedly stealing a car on May 30, 2020. The looting charge was later amended to felony looting, which was not eligible for early release under the statewide emergency bail schedule. Bail was then set at $290,000 for Baker’s four open felony cases and six misdemeanor cases. Baker pleaded not guilty and currently remains in custody.
The revolving door of justice came to an end for one week in Tulare County after a Judicial Council of California’s ruling ended the bail schedule statewide on July 1. The $0 bail schedule was mandated by the judicial council in April as a way to “safely reduce jail populations” and curb the spread of COVID-19 in the jails. When the statewide order ended, Marsha Slough, a judicial council member and chair of the executive and planning committee, gave counties the option to continue the bail schedule on their own.
“The judicial council’s action better reflects the current needs of our state, which has different health concerns and restrictions county-to-county based on the threat posed by COVID-19,” Justice Slough said. “We urge local courts to continue to use the emergency COVID-19 bail schedule where necessary to protect the health of the community, the courts, and the incarcerated. We are also asking courts to report back by June 20 on whether they plan to keep the COVID-19 emergency bail schedule, or another reduced bail schedule.”
