CALIFORNIA—Los Angeles County District Attorney Jackie Lacey, announced on Friday, March 20 that deputy district attorneys have been instructed to initiate decreasing the number of inmates in local jails as part of preventing the spread of COVID-19.

“I have directed deputy district attorneys to consider ways to keep nonviolent felony and misdemeanor offenders out of our jails and courthouses during this pandemic,” said District Attorney Lacey. As of March 16, new case filings were delayed, as well as re-evaluations of pretrial cases to allow nonviolent offenders who do not pose a danger to the community to remain outside the criminal justice system during this national emergency.

Lacey instructed deputy attorneys to base decision criteria regarding pending charges on the defendant’s criminal history to determine their risk to the community at this time. Sheriff Alex Villanueva, Public Defender Ricardo Garcia, and Alternate Public Defender Erika Anzoategui are currently reviewing approximately 2,000 cases involving in-custody defendants using the same standards to determine if they are a risk to public safety, or can be safely returned to the community on their own recognizance while awaiting trial.

If an agreement on a particular defendant cannot be made, the court will review the case and make a determination. Criteria is based on whether a defendant is considered by health officials to be at a high risk of exposure to coronavirus as a factor in either setting bail or agreeing to a defendant’s release on his or her own recognizance.

The District Attorney instructed deputy district attorneys to refrain from requesting  defendants be remanded on probation or parole violations on nonviolent crimes unless the defendant demonstrated that he or she is a danger to the community. She recommended that deputy district attorneys use Proposition 115 guidelines that allow law enforcement officers to testify to witness statements at preliminary hearings in an effort to reduce the number of civilian witnesses having to appear in courthouses during the pandemic.

Deputy district attorneys were advised against objecting to continuances in setting future court dates unless they were deemed absolutely necessary to prevent a serious case from being dismissed. Community service including work performed through the California Department of Transportation has been temporarily suspended pending due dates for completion.

No employee with the LADA Office has been diagnosed with COVID-19 as of March 20.