Felony Bail Schedule

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2023

FELONY BAIL SCHEDULE

Rev. July 18, 2023; Eff. October 1, 2023

SUPERIOR COURT OF CALIFORNIA


COUNTY OF LOS ANGELES
Copies or interim amendments can be obtained at
http://www.lacourt.org
T ABLE OF CONTENTS

I. PRE-ARRAIGNMENT RELEASE PROTOCOL FOR LAW ENFORCEMENT


A. Introduction _______________________________________________________4
B. How to Use the Pre-Arraignment Release Protocol_________________________6
C. FELONY MONEY BAIL COMPUTATION WORKSHEET_____________________9
D. STATE CODES
a. PENAL CODE______________________________________________10
b. VEHICLE CODE ____________________________________________20
c. HEALTH AND SAFETY CODE_________________________________20
d. BUSINESS AND PROFESSIONS CODE _________________________22
E. SENTENCE ENHANCING ALLEGATIONS ______________________________23

II. RELEASE CONSIDERATIONS FOR JUDICIAL OFFICERS

A. How to Use the Schedule ___________________________________________24

B. Arrest Warrants ___________________________________________________24

C. Determining Financial Conditions of Release at Arraignment or Future Court


Proceedings ______________________________________________________24

D. Penal Code Section 1270.1 __________________________________________24


I. LOS ANGELES COUNTY FELONY PRE-ARRAIGNMENT RELEASE PROTOCOL FOR LAW
ENFORCEMENT
A. Introduction

The purpose of bail is to ensure an arrestee appears for all court appearances and reduce the risk
to public or victim safety.1 Article I, section 12 of the California Constitution entitles most arrestees
(who are presumed innocent until proven guilty beyond a reasonable doubt) to release on bail while
awaiting trial. In addition, the Constitution prohibits excessive bail and requires that judicial officers
take into account the protection of the public, safety of the victim, seriousness of the offense charged,
previous criminal record of the defendant, and the probability of the arrestee appearing at court
appearances.2 Consistent with the United States Supreme Court’s decision in United States v.
Salerno, the Superior Court of Los Angeles County (Court) seeks with this protocol to ensure that
“in our society liberty is the norm, and detention prior to trial is the carefully limited exception.” 3

Applicability of Pre-Arraignment Release Protocol for Low-Level, Non-Violent Felonies and


Misdemeanors

For many less serious and low-risk level misdemeanor and felony offenses, the Pre-Arraignment
Release Protocol (PARP) represents a shift from the practice of setting money bail, also known as
a “financial condition” of release. Prior to the implementation of the PARP, arrestees who could
afford to post money bail pursuant to operative bail schedules were released pre-arraignment, while
those who could not afford to do so were detained even if they posed little risk to the public or were
likely to return to court. The California Supreme Court has held that conditioning release from
custody solely on whether an arrestee can afford bail is unconstitutional. (In re Humphrey (2021) 11
Cal.5th 135, 143 (Humphrey).) Further, research4 demonstrates that non-financial conditions of
release that address both public and victim safety and the arrestee’s individual circumstances are
often sufficient and may be preferable to financial conditions for numerous reasons. In Humphrey,
the Supreme Court instructed trial courts to impose the least restrictive conditions of release for
defendants and to consider whether non-financial conditions of release may reasonably protect the
public and the victim or reasonably assure the defendant’s presence at trial.

Effective October 1, 2023, this Pre-Arraignment Release Protocol shall govern whether eligible
arrestees in Los Angeles County are released from custody without conditions, released with non-
financial conditions, or held in custody pending arraignment. Using the PARP, the Court sets release
conditions based on an arrestee’s risk to public or victim safety and the arrestee’s likelihood of
returning to court and reduces reliance on money bail as a condition of release prior to arraignment
for individuals arrested for certain misdemeanor and non-violent, low-level felonies. Through the
PARP, the Court assesses and releases from custody (with release conditions where appropriate)
those arrestees who pose a minimal risk of flight or danger to public or victim safety. For arrestees
charged with certain non-violent felony and misdemeanor offenses, the offenses will fall within one
of three categories – CR (Cite and Release); BR (Book and Release); and MR (Magistrate Review).
The categories are described in more detail below and each eligible offense is assigned a category.

1 Cal. Const., art. I, § 28, subd. (f)(3).


2 Id.
3 United States v. Salerno (1984) 481 U.S. 739, 755.
4 Brooker, C. Yakima County, Washington Pretrial Justice System Improvements: Pre- and Post-Implementation Analysis. (2017);

Carmichael, D. et al. Liberty and Justice: Pretrial Practices in Texas. (2017); Anderson, C. et al. Evaluation of Pretrial Justice
System Reforms that Use the Public Safety Assessment: Effects of New Jersey’s Criminal Justice Reform. (2019); Redcross, C.
et al. Evaluation of Pretrial Justice System Reforms that Use the Public Safety Assessment: Effects in Mecklenburg County,
North Carolina. (2019); Grant, G. Report to the Governor and the Legislature: Jan. 1-Dec. 31, 2019. (2020); Lowenkamp, C. et al.
Replication and Extension of the Lucas County PSA Project. (2020); Judicial Council of California. Pretrial Pilot Program: Final
Report to the Legislature. (2023).
4
Zero-Dollar Bail Is Not Available for Serious or Violent Offenses Pre-Arraignment

Zero-dollar bail is not available for serious or violent crimes.

The following arrestees are ineligible for pre-arraignment release on zero-dollar bail:

1. Individuals arrested for capital crimes when the facts are evident or the presumption great and
all offenses listed in subsections (b) and (c) of Article I, section 12 of the California Constitution
are ineligible for release on their own recognizance or sufficient sureties.5

2. Individuals arrested for any serious felony, as defined in subdivision (c) of Penal Code section
1192.7, or a violent felony, as defined in subdivision (c) of Penal Code section 667.5, or any
offense listed in Penal Code section 1270.1. Individuals arrested for offenses listed in Penal
Code section 1270.1 are ineligible for release on their own recognizance or release on bail in an
amount that is either more or less than the amount contained in the schedule of bail for the
offense until a hearing is held in open court before the magistrate or judge. For these offenses
the arrestees must post financial conditions of release as required by that statute or be held until
arraignment within the time outlined in Penal Code section 825, or the time by which they may
have a hearing in open court as required. Existing law requires a non-zero-dollar amount of bail
to be set for these offenses. Financial conditions of release for those crimes or enhancements
are listed within the protocol.

3. Individuals arrested for any offense where there is a sentencing enhancement, as defined in
subdivision (e) of Penal Code section 1269b. For offenses with these enhancements, arrestees
must post financial conditions of release (non-zero-dollar amount of bail) as required by that
statute and listed within the protocol.

Definitions of CR, BR, and MR

For those offenses designated as either CR or BR, eligible arrestees will be released on their own
recognizance with a promise to appear at arraignment either at the time of arrest (CR) or after being
booked at a police station or other facility (BR). These arrestees are not required to post cash bail,
and the offenses for which they are booked are designated in the schedule as zero-dollar bail ($0)
offenses. However, arrestees booked for an offense designated as CR or BR who are currently on
Parole or Post Release Community Supervision (PRCS) are not eligible to be released prior to
magistrate review and will be referred directly to a magistrate for review prior to release. The Los
Angeles Superior Court has magistrates available 7 days a week, 24 hours a day.

For those crimes designated as MR, arrestees will be referred to a magistrate for review. Magistrates
will consider the crime, known factors about the case and the individual, and a risk assessment
report to determine whether an arrestee should be released on their own recognizance with no
conditions or released on their own recognizance with the least restrictive non-financial conditions
reasonably related to the crime and intended to address whether the person is likely to return to
court and will not commit a new crime pending trial. All offenses in the MR category are designated
as $0 bail offenses.

Pre-arraignment bail amounts and designations in the PARP are not binding on judicial officers at
arraignment, which typically occurs within 48 hours of arrest unless there is a holiday or a weekend

5
Cal. Const., art. I, § 12.
5
when the court is otherwise closed. At arraignment, where both the prosecution and the defendant
are represented by counsel, judicial officers have the full range of options available with respect to
the defendant’s bail and custody status. The arraignment court can consider, among other facts and
issues raised, the prosecutor’s charging document, the defendant’s criminal history, and the facts of
the case, and any information the prosecutor and the defense attorney may offer.

Arrest Warrants – Bail Amounts

At and after the defendant's first appearance, the judicial officer before whom the defendant appears
will determine release conditions, if any. (See section II (A) and (C).) A magistrate fixing financial
conditions of release pursuant to Penal Code section 815a which requires that a magistrate fix the
amount of bail which in their judgment is in accordance with the provisions of Penal Code section
1275 will be reasonable and sufficient for the appearance of the defendant following his arrest, if
the offense is bailable, may use this schedule at the time an arrest warrant is issued. The amount
of bail is within the sound discretion of the magistrate. (See section II (B).)

B. How to Use the Pre-Arraignment Release Protocol

The purpose of this protocol is to designate pre-arraignment release orders upon which a person
arrested without a warrant may be assessed for release before their appearance in court. Arrestees
booked on crimes listed in Penal Code section 1270.1 are not eligible for non-financial conditions of
release pre-arraignment.

Prior to arraignment, the release protocol for each crime will be designated in the column titled “Pre-
Arraignment Release Protocol.” Within that designated column, the following abbreviations will
refer to the appropriate pre-arraignment protocol for arrestees booked for the referenced crime.

1. CITE AND RELEASE (CR)


People arrested for crimes designated as CR are subject to $0 bail and are not required to
provide financial conditions of release unless a designated exception applies as stated in
Item 6. Arrestees must promise to appear in court for arraignment as required by Penal Code
section 1318.

2. BOOK AND RELEASE (BR)


People arrested for crimes designated as BR are subject to $0 bail and are not required to
provide financial conditions of release unless a designated exception applies as stated in
Item 6. Arrestees must promise to appear as required by Penal Code section 1318.

3. MAGISTRATE REVIEW (MR)


People arrested for crimes designated as MR are subject to $0 bail and are not required to
provide financial conditions of release unless a designated exception applies as stated in
Item 6. Arrestees must promise to appear in court for arraignment as required by Penal Code
section 1318, they must be booked by a law enforcement agency, and their release
conditions, if any, will be determined by a magistrate. The magistrate will review the facts
available, including those outlined in Penal Code section 1275, and Article I, sections 12 and
28, in deciding to either release the arrestee on their own recognizance or upon $0 money
bail and the least restrictive, non-financial conditions of release necessary to assure the
arrestee’s appearance at court and the safety of the public and victim.

Once the least restrictive condition or combination of conditions is determined by the


magistrate, the County’s Pretrial Services Unit will communicate the release conditions, if
6
any, to the booking law enforcement agency (LEA). The LEA will communicate the
condition(s) to the arrestee. If the arrestee accepts the conditions, the arrestee will be
released. If not, the arrestee will be held until arraignment. Pre-arraignment release orders
are not binding upon the court at arraignment.

If no charges are filed by the prosecuting agency prior to arraignment, the arrestee will be
released without conditions.

4. FINANCIAL CONDITIONS OF RELEASE


Pursuant to Penal Code sections 1270.1 and 1269b(e), persons arrested for designated
felonies or subject to listed enhancements must post financial conditions of release as
required by those statutes or be held until arraignment within the time outlined in Penal Code
section 825, or the time by which they may have a hearing in open court as required.
Financial conditions of release for those crimes or enhancements are listed within the
protocol.

5. INELIGIBLE FOR RELEASE


Arrestees charged with crimes described in Cal. Const., art. I, §§ 12(a)-(c) or 28(f)(3) or Penal
Code section 1270.5 are not eligible for release prior to arraignment.

6. EXCEPTIONS
A. ARRESTEE ON PAROLE or POST RELEASE COMMUNITY SUPERVISION (PRCS):
If an arrestee booked for an offense listed as CR or BR in the protocol is currently on
parole or PRCS, the arrestee shall be referred to a magistrate for review.
B. ARRESTEE ACCUSED of MULTIPLE OFFENSES OR ENHANCEMENTS:
i. If an arrestee is booked on two or more offenses with differing protocol designations
($0 bail and CR, BR, or MR), pre-arraignment release protocol shall be determined
by the strictest release protocol designated.

ii. If an arrestee is booked on two or more offenses, one which designates release
protocol and the other which designates a financial condition of release, pre-
arraignment release shall be determined by the financial condition of release
designated for each crime. No additional financial conditions may be added within
the Felony Bail Computation Worksheet for crimes designated as $0 bail and CR,
BR, or MR. Because the arrestee is subject to financial conditions of release, the
arrestee will not be referred to a magistrate for review.

iii. If an arrestee is booked on an offense designated as $0 bail and CR, BR, or MR and
an enhancement requiring a financial condition of release, pre-arraignment release
shall be determined by the financial condition of release designated by the applicable
enhancement. No additional financial conditions may be added within the Felony
Bail Computation Worksheet for the crimes designated as $0 bail and CR, BR, or
MR. Because the arrestee is subject to financial conditions of release, the arrestee
will not be referred to a magistrate for review.

iv. If an arrestee is booked on multiple offenses or enhancements which all require


financial conditions of release, the amount shall be determined by the Felony Bail
Computation Worksheet unless the offenses are committed against separate victims
or on separate dates, or where separate sex acts are committed on the same victim,
and each may be punished separately (including circumstances enumerated in
7
Penal Code section 667.6(c) and (d)). In addition, amounts for enhancements and
prior convictions shall each be added one time per person arrested, per defendant,
or per case. Because the arrestee is subject to financial conditions of release, the
arrestee will not be referred to a magistrate for review.

7. REPRODUCTIVE RIGHTS
In accordance with Penal Code section 1269b(f)(2), bail shall be set at zero dollars ($0) and
the offense designated as CR for an individual who has been arrested in connection with a
proceeding in another state regarding an individual performing, supporting, or aiding in the
performance of an abortion in this state, or an individual obtaining an abortion in this state, if
the abortion is lawful under the laws of this state.

8
Felony Bail Computation Worksheet
1 Name of Arrestee:
2 List all offenses:

Base Bail (see Felony Bail Schedule at pages 10-22) AMOUNT


Of the offenses listed in 2, which carries the highest bail schedule amount?
3 List code and section number here:
List the bail schedule amount for that offense in 3a. 3a
Is arrestee charged with two or more offenses? If yes, move to 3b and 3c. If no, move to 4.
Were additional offenses committed against separate victims OR were the offenses
3b
committed on separate dates? If yes, list the sum of the bail schedule amount(s) for
each additional offense committed against a separate victim and/or on a separate
date in 3b. 3b
Were additional separate sex acts committed on the same victim AND may each
3c act be punished separately? If yes, list the sum of the bail schedule amounts for
each additional separate sex act in 3c. 3c
If no to 3b and 3c, base bail is only the bail amount for the offense listed in 3a.
Enhancements (see Felony Bail Schedule at page 23)
4 Was the offense committed for the benefit of a gang? If yes, add $40,000 4
5 Was a weapon involved? If yes, add only the greatest of 5a-5d. If no weapon, move to 6.
5a Did the arrestee personally discharge a f irearm,
causing GBI or death? If yes, add $1,000,000 5a
5b Did the arrestee personally discharge a f irearm, not
causing GBI/death? If yes, add $200,000 5b
5cDid the offense involve possession, use, or discharge
of a firearm? If yes, add $50,000 5c
5d Did the arrestee use a weapon other than a firearm? If yes, add $20,000 5d
6 Did the offense involve infliction of GBI? If yes, add $30,000 6
7 Does the arrestee have any prior convictions? If no prior convictions, move to 8.
Does the arrestee have a prior conviction f or a
7a serious or violent felony or enumerated sex If yes, add $50,000 per prior
of fense? conviction 7a
Is the arrestee charged with a serious or violent
7b f elony AND does the arrestee have two or more
convictions for serious or violent felonies? If yes, add $1,000,000 7b
7c Has the arrestee served a prison term during the
past 5 years? If yes, add $10,000 per term 7c
8 Are there any other enhancements to be added? If no other enhancements, move to 9.
8a Is the crime a hate crime? If yes, add $25,000 8a
8b Is the victim over 65, under 15, or disabled AND is the
crime enumerated in Penal Code sections 667.9-667.10? If yes, add $25,000 8b
Add only once: Are there other felony charges pending
8c against arrestee, or is the arrestee on parole, felony
probation, or probation department supervision? If yes, add $25,000 8c
If base bail is less than $1,000,000 and neither 6a nor 8c
8d apply: Does the offense carry a possible term of life
imprisonment? If yes, add $1,000,000 8d
9 Add lines 3a through 8d. This is the Total Bail: 9

If Law Enforcement, Do You


Oppose O/R Release?
□ Yes □ No
Name of Person Completing Form Badge/ID #

CRIM‐208 Felony Computation Worksheet [01‐2018]


PENAL CODE
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

32 Accessories BR
67 Bribery of State Executive Officer CR
67.5 Bribery of Public Officer or Employee (If theft CR
or thing given or offered would be grand theft)
68 Bribe, Soliciting by Public Officer or Employee BR
69 Resisting Arrest/Threatening Executive MR
Of f icer
76 Threats to the Lif e of an Official or Judge MR
92, 93 Bribe, Offering, Accepting by Judge, Juror, BR
Ref eree
113 Manuf acturing or Selling False Citizenship or CR
Resident Alien Documents
114 Using False Documents to Conceal True CR
Citizenship
115 Of f ering Forged/False Documents for Filing CR
115.1 Campaign Violations CR
118 Perjury CR
127 Subornation of Perjury CR
136.1(a)(b) Dissuading a Witness from Testifying S 1192.7(c)(37) $100,000
136.1(c) Preventing, Dissuading Witness from S 1192.7(c)(37) $100,000
Attendance, Testifying
137(a),(b) Inf luencing Testimony BR
141(b) Filing of False Evidence by Police BR
141(c) Filing of False Evidence by Prosecuting BR
Attorney
149 Assault by Officer Under Color of Authority MR
165 Bribery of Councilman, Supervisor, etc. BR
182 Conspiracy Same as substantive
offense
187 Murder – with special circumstance S, V 1192.7(c)(1), INELIGIBLE FOR
667.5(c)(1) RELEASE
All other murders S, V 1192.7(c)(1), $2,000,000
667.5(c)(1)
191.5 VEHICULAR MANSLAUGHTER
191.5(a) DUI with gross negligence S 1192.8 $100,000
191.5(b) DUI without gross negligence S 1192.8 $50,000
192(a) Manslaughter – Voluntary S, V 1192.7(c)(1), $100,000
667.5(c)(1)
192(b) Manslaughter – Involuntary $25,000
10
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

192(c)(1) Vehicular Manslaughter – Driving vehicle with S 1192.8 $50,000


gross negligence
192(c)(3) Vehicular Manslaughter – Accident caused for S 1192.8 $100,000
f inancial gain
192.5 VEHICULAR MANSLAUGHTER – OPERATING A VESSEL
192.5(a) DUI with gross negligence S 1192.8 $100,000
192.5(b) DUI without gross negligence S 1192.8 $50,000
192.5(c) With gross negligence S 1192.8 $50,000
203 Mayhem S, V 1192.7(c)(2), $100,000
667.5(c)(2)
205 Aggravated Mayhem (Life) S, V 1192.7(c)(2), $1,000,000
667.5(c)(2)
207 Kidnapping S, V 1192.7(c)(20), $100,000
667.5(c)(14)
Kidnapping child under age 14 to deprive S, V 1192.7(c)(20), $150,000
custody (P.C. 667.85) 667.5(c)(14)
Kidnapping for purpose of felony sexual S, V 1192.7(c)(20), $1,000,000
of fense (P.C. 667.8(a) and (b)) 667.5(c)(14)
209 Kidnapping for Ransom, Robbery, Sex S, V 1192.7(c)(20), $1,000,000
Offense, Etc. (Life) 667.5(c)(14)
Including kidnapping child under age 14 to
deprive custody (P.C. 667.85), and
kidnapping for purpose of felony sexual
of fense (P.C. 667.8(a) and (b))
209.5 Kidnapping During a Carjacking (Life) S, V 1192.7(c)(20), $1,000,000
667.5(c)(14)
210.5 False Imprisonment – Kidnapping to Evade MR
Arrest
211 ROBBERY
First Degree S, V 1192.7(c)(19), $100,000
667.5(c)(9)
Second Degree S, V 1192.7(c)(19), $50,000
667.5(c)(9)
215 Carjacking S, V 1192.7(c)(27), $100,000
667.5(c)(17)
219 Trainwrecking (Lif e) S, V 1192.7(c)(7), $1,000,000
667.5(c)(7)
220(a) Assault with Intent to Commit Mayhem, Rape, S, V 1192.7(c)(29), Same as substantive
Sodomy, Oral Copulation, or Any Violation of 667.5(c)(15) offense
P.C. 264.1, 288, or 289
220(b) Assault with Intent to Commit Specified Sex S, V 1192.7(c)(29), $1,000,000
Of f enses While in the Commission of First 667.5(c)(15)
Degree Burglary
222 Administering Drugs to Aid Felony MR

11
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

236 False Imprisonment BR


236.1 Human Traf f icking * MR
If victim is under the age of 18 MR
237(b) False Imprisonment – Elder or Dependent MR
Person
241.1 Assault – Upon Custodial Officer BR
243 Battery
243(c) Upon peace officer, etc., with injury MR
243(d) Battery – With serious bodily injury S 1192.7(c)(8) $50,000
243.1 Battery – Upon custodial officer in
perf ormance of duties:
if the arrestee is in custody BR

If arrestee is not in custody MR


243.4 Sexual Battery MR
244 Assault with Chemicals S 1192.7(c)(30) $50,000
245(a)(1) Assault with Deadly Weapon, Other Than a S 1192.7(c)(31) $30,000
Firearm
245(a)(2) Assault with a Firearm S 1192.7(c)(31) $30,000
245(a)(4) Assault with Force Likely to Produce G.B.I. MR
245(b) Assault with a Semiautomatic Firearm S 1192.7(c)(31) $75,000
245(c) Assault with Deadly Weapon Other Than a S 1192.7(c)(11),( $50,000
Firearm or Force Likely to Produce G.B.I. 31)
Upon a Peace Officer or Firefighter
245(d)(1) Assault with A Firearm Upon A Peace Officer S 1192.7(c)(11), $100,000
Or Firef ighter (31)
245(d)(2) Assault with a Semiautomatic Firearm Upon a S 1192.7(c)(11), $200,000
Peace Of ficer or Firefighter (31)
246 Shooting at Inhabited Dwelling, Building, S 1192.7(c)(33) $250,000
Occupied Motor Vehicle
246.3(a) Discharge of Firearm – Gross Negligence S 1192.7(c)(8) $35,000
261 Rape S, V 1192.7(c)(3), $100,000
667.5(c)(3)
If victim is under 18 S, V 1192.7(c)(3), $200,000
667.5(c)(3)
If victim is under 14 S, V 1192.7(c)(3), $250,000
667.5(c)(3)
261.5(c) Unlawf ul Sexual Intercourse with Person MR
Under 18
261.5(d) If def endant is over 21 and minor under 16 MR
264.1 Rape in Concert with Another by Force or S, V 1192.7(c)(34), $100,000
Violence 667.5(c)(18)

12
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

If victim is under 18 S, V 1192.7(c)(34), $200,000


667.5(c)(18)
If victim is under 14 S, V 1192.7(c)(34), $250,000
667.5(c)(18)
266h(a) Pimping MR
266h(b)(1) If other person is a minor age 16 or older MR
266h(b)(2) If other person is a minor under age 16 MR
266i Pandering BR
If other person is a minor MR
269 Aggravated Sexual Assault of a Child Under S 1192.7(c)(3), $250,000
14 Years (4), (5)
273a(a) Willf ul Harm or Injury to Child Likely to MR
Produce G.B.I. or Death
273d(a) Corporal Punishment or Injury of Child MR
273.5 Corporal Injury to Specified Persons 1270.1(a)(2) $50,000
With prior conviction under P.C. 273.5(f) 1270.1(a)(2) $100,000
273.6 Violation of a Protective Order 1270.1(a)(4) $50,000
278 Child Stealing MR
By use of the internet MR
285 Incest MR
286 SODOMY
286(b)(1) If victim is under age 18 MR
286(b)(2) If victim is under age 16 and defendant is MR
over age 21
286(c)(1) If victim is under age 14 and defendant more S, V 1192.7(c)(4), $100,000
than 10 years older than victim 667.5(c)(4)
286(c)(2)(A) If def endant compelled another by force, S, V 1192.7(c)(4), $100,000
duress or threats of great bodily injury 667.5(c)(4)
286(c)(2)(B) If victim is under age 14 with force or duress S, V 1192.7(c)(4), $100,000
667.5(c)(4)
286(c)(2)(C) If victim is a minor age 14 or older with force S, V 1192.7(c)(4), $100,000
or duress 667.5(c)(4)
286(d)(1) If in concert with force or fear S, V 1192.7(c)(4), $250,000
667.5(c)(4)
286(d)(2) If in concert with force or fear upon a victim S, V 1192.7(c)(4), $250,000
under age 14 667.5(c)(4)
286(d)(3) If in concert with force or fear upon a minor S, V 1192.7(c)(4), $250,000
victim age 14 or over 667.5(c)(4)
286(e) If committed in state prison or jail MR
286(f) and (g) If victim unconscious of nature of MR
act/incapable of consent

13
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

287 ORAL COPULATION


287(b)(1) If victim is under age 18 MR
287(b)(2) If victim is under age 16 and defendant is MR
over age 21
287(c)(1) If victim is under age 14 and defendant more S, V 1192.7(c)(5), $100,000
than 10 years older than victim 667.5(c)(5)
287(c)(2)(A) If def endant compelled another by force, S, V 1192.7(c)(5), $100,000
duress or threats of great bodily injury 667.5(c)(5)
287(c)(2)(B) If victim is under age 14 with force or duress S, V 1192.7(c)(5), $100,000
667.5(c)(5)
287(c)(2)(C) If the victim is a minor age 14 or older with S, V 1192.7(c)(5), $100,000
f orce or duress 667.5(c)(5)
287(d)(1) If in concert with force or fear S, V 1192.7(c)(5), $250,000
667.5(c)(5)
287(d)(2) If in concert with force or fear upon a victim S, V 1192.7(c)(5), $250,000
under age 14 667.5(c)(5)
287(d)(3) If in concert with force or fear upon a minor S, V 1192.7(c)(5), $250,000
victim age 14 or over 667.5(c)(5)
287(e) If committed in state prison or jail and BR
arrestee is in custody

If arrestee is out of custody MR


287(f) and (g) If victim unconscious of nature of MR
act/incapable of consent
288 LEWD ACTS
288(a) If victim is under age 14 S, V 1192.7(c)(6) $100,000
288(b)(1) If victim is under age 14 with force S, V 1192.7(c)(6) $100,000
288(b)(2) By caretaker upon a dependent person with V 667.5(c)(6) $100,000
f orce
288(i) If victim is under age 14 with bodily harm $1,000,000
288.2 Distribution of Child Pornography BR
With Prior MR
288.3(a) Contact Minor with Intent to Commit Sexual MR
Of f ense
288.3(c) With Prior MR
288.4(a)(2) Arrange Meeting with Minor for Purpose of MR
Exposing or Procuring Sexual Exposure with
Prior
288.4(b) Attend an Arranged Meeting with Minor for MR
Purpose of Exposing or Procuring Sexual
Exposure or Engaging In Lewd Act
288.5 Continuous Sexual Abuse of a Child S, V 1192.7(c)(35), $350,000
667.5(c)(16)

14
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

288.7 Engage in Specified Sex Acts with Minor S 1192.7(c)(6) $250,000


Under 10
289 Sexual Penetration S, V 1192.7(c)(25), $100,000
667.5(c)(11)
289(a)(1)(B) If victim is under age 14 with force or duress S, V 1192.7(c)(25), $100,000
667.5(c)(11)
289(a)(1)(C) If victim is a minor age 14 or older with force S, V 1192.7(c)(25), $100,000
or duress 667.5(c)(11)
289.6(a)(2)- Engage in Specified Sex Acts with Person BR
(3) Conf ined in Public or Private Detention
Facility
290 Failure of Convicted Sex Offender to Register MR
290.46(j)(2) Use Inf ormation Disclosed on Sex Offender BR
Internet Web Site to Commit a Felony
311.2 Bring or Distribute Obscene Matter Within BR
State
311.4 Use of Minor In Bringing or Distributing MR
Obscene Matter Within State
311.11(a) Possession or Control of Child Pornography BR
311.11(b) With Prior MR
311.11(c) More than 600 images (with at least 10 MR
images involving prepubescent minor)
or images portraying sexual sadism or
masochism
314(1) Indecent Exposure MR
337a Bookmaking CR
Second Offense BR
Third Of f ense BR
368 Elder Abuse MR
405a Taking Person from Lawful Custody of a MR
Peace Of ficer By Means of a Riot
422 Criminal Threats S 1192.7(c)(38) $50,000
424 Embezzlement or Falsification of Accounts by BR
Public Officers
451(a) Arson Causing Great Bodily Injury S, V 1192.7(c)(14), $250,000
667.5(c)(10)
451(b) Arson, Inhabited Structure S, V 1192.7(c)(14), $250,000
667.5(c)(10)
451(c) Arson, Structure or Forest Land S, V 1192.7(c)(14), $75,000
667.5(c)(10)
451(d) Arson, Other Property S, V 1192.7(c)(14), $50,000
667.5(c)(10)
451.5 Aggravated Arson S 1192.7(c)(14) $500,000

15
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

452(a) Recklessly Causing Fire with Great Bodily V 667.5(c)(8) $35,000


Injury
452(b) Recklessly Causing Fire, Inhabited Structure S 1192.7(c)(14) $25,000
452(c) Recklessly Causing Fire, Structure or Forest S 1192.7(c)(14) $20,000
Land
453(a) Possession, Etc. of Explosives, Flammable S 1192.7(c)(14) $50,000
Matter
454 Arson During State of Emergency S, V 1192.7(c)(14), $350,000
667.5(c)(10)
455 Attempt or Preparation to Burn Any Structure S 1192.7(c)(39) $75,000
or Property
459 BURGLARY
Residential
First Degree with Person Present V 667.5(c)(21) $50,000

Inhabited Dwelling, no Person Present MR


All Others BR
463 Looting MR
464 Burglary With Explosives MR
470 Forgery BR
470a Forgery/Counterfeiting Driver’s License or I.D. BR
Card
470b Displaying or Possessing Forged Driver’s BR
License or I.D. Card With Intent to
Accomplish a Forgery
471 Forgery, False Entries in Records or Returns CR
472 Forgery or Counterfeiting Any Public or CR
Corporate Seal
475 Forged Bills or Notes, Possession or Receipt CR
476 Fictitious Checks, Making, Uttering CR
476a N.S.F. Checks CR
477, 479, 480 Counterf eiting of Coin CR
484b Thef t, Diversion of Money Received For CR
Services, Labor, Material, Etc.
If Amount Diverted Exceeds $2,350
484c Embezzlement Of Funds for Construction CR
484e - 484i Various Felonies Relating to Credit Cards BR
487(a) and Grand Thef t If Value Exceeds $950, Or with BR
(b) Qualif ying Prior Conviction(s) If Value Does
Not Exceed $950
487(c) Grand Thef t Person MR
487(d)(1) Thef t of Automobile BR

16
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

When there is evidence of a chop shop BR


operation
487(d)(2) Grand Thef t – Firearm S 1192.7(c)(26) $50,000
487a Grand Thef t of Horse or Other Livestock If BR
Value Exceeds $950, or with Qualifying Prior
Conviction(s) If Value Does Not Exceed $950
487b Grand Thef t – Conversion of Real Property If BR
Value Exceeds $950, or With Qualifying Prior
Conviction(S) If Value Does Not Exceed $950

487d Grand Thef t of Gold Dust, Amalgam or BR


Quicksilver If Value Exceeds $950, or With
Qualif ying Prior Conviction(S) If Value Does
Not Exceed $950
487e Grand Thef t of Companion Animal If Value BR
Exceeds $950
487g Grand Thef t of Animal for Purpose of Sale, BR
Medical Research, Slaughter or Other
Commercial Use If Value Exceeds $950, or
With Qualif ying Prior Conviction(s) If Value
Does Not Exceed $950
487h Grand Thef t of Cargo If Value Exceeds $950, BR
or With Qualif ying Prior Conviction(s) If Value
Does Not Exceed $950
487i Def raud a Housing Program of a Public BR
Housing Authority of Value Exceeding $950,
or with Qualif ying Prior Conviction(s) If Value
Does Not Exceed $950
487j Grand Thef t of Copper Materials If Value CR
Exceeds $950, or With Qualifying Prior
Conviction(S) If Value Does Not Exceed $950
487m Grand Thef t of Wages If Value Exceeds $950 CR
From One Employee, or If Value Exceeds
$2350 In Aggregate from Two or More
Employees In Any Consecutive 12-Month
Period
490.4 Organized Retail Thef t BR
496 Receiving Stolen Property If Value More Than CR
$950, or With Qualifying Priors If Value Does
Not Exceed $950
497 Stolen Property, Bringing into State CR
502 Computer Related Crimes BR
502(c)(1)-(7) Unlawf ul Access, Data BR
Usage/Damage/Deletion/Alteration, Non-
permitted Use, Denial of Service
502(c)(8) Introduction of a Contaminant MR
502(c)(10)- Government Computer System or Public MR
17
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

(14) Saf ety Inf rastructure


504 Embezzlement, Misappropriation by Public BR
Of f icers
504a Embezzlement, Disposal of Personal Property CR
Under Lease or Lien
504b Embezzlement of Proceeds of Sale of BR
Secured Property
505 Embezzlement By Carrier or Individual CR
Transporting Property for Hire
506 Embezzlement, Misappropriation by Trustee, CR
Contractor
507 Embezzlement by Bailee CR
514 Embezzlement or Defalcation of Public Funds CR
518, 519 Extortion, Not Amounting to Robbery CR
522 Extortion, Obtaining Signature by Threats CR
523(a) Extortion, Threatening Letters CR
523(b) Extortion, Ransomware MR
529 False Personation of Another BR
530.5 Unauthorized Use of Personal Information to BR
Obtain Credit, Goods, etc.
532 False Pretenses CR
532f Mortgage Fraud BR
548 Def rauding Insurer CR
550 False or Fraudulent Insurance Claim S 1192.7(c)(8) $25,000
594.3(b) Church/Cemetery Vandalism BR
597 Cruelty to Animals MR
597.5(a) Dog Fighting BR
646.9(a)-(c) Stalking 1270.1(a)(2) $150,000
647.6 Child Molestation with Specified Prior $150,000
653f(b) Solicit Murder MR
653f(c) Solicit Rape, etc. MR
653w(a) Failure to Disclose Origin of Recording or BR
Audiovisual Work
664(a) Attempt Where Completed Crime Punishable Same as substantive
by State Prison offense
Except for attempted murder
664/187 Attempted Murder S, V 1192.7(c)(9), $1,000,000
667.5(c)(12)
666 Petty Thef t BR
With qualifying prior conviction(s)
4501 Assault with Deadly Weapon by Prison S 1192.7(c)(13) $25,000
18
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

Inmate
4501.5 Battery on Non-Inmate by Prison Inmate
If arrestee is in custody BR

If arrestee is not in custody MR


4502 Possession of Deadly Weapon by Prison
Inmate if arrestee is in custody BR

If arrestee is out of custody MR


4503 Holding of Hostages by Prison Inmate S 1192.7(c)(21) $100,000
4530 Escape, Attempted Escape from Prison with MR
or Without Force or Violence
4532 Escape, Attempted Escape by Felon, MR
Misdemeanant, Inebriate, or Person on Work
Furlough from Jail, Industrial Farm, etc.
4573 Bringing Controlled Substance into Jail or CR
Prison
4574 Bringing Weapon into Jail or Prison BR
11418(b) Possession, Etc. Weapons of Mass S, V 1192.7(c)(41), $500,000
(except Destruction 667.5(c)(23)
(b)(2))
11418(b)(2) Employ Weapon of Mass Destruction – S, V 1192.7(c)(41), $1,000,000
Cause Death (Lif e) 667.5(c)(23)
11418.1 Send, Etc. False Weapon of Mass MR
Destruction with Intent to Cause Fear
11419 Possession of Biological Agents MR
18715 Possession of Destructive Devices or MR
Explosives in Public Places
18720 Possession of Materials with Intent to Make MR
Destructive Device or Explosive
18725 Carry or Place Explosive on Common Carrier MR
18740 Possession of Exploding or Destructive S 1192.7(c)(15) $500,000
Device or Explosive with Intent to Injure
18745 Exploding Destructive Device or Explosive S, V 1192.7(c)(17), $1,000,000
with Intent to Murder (Life) 667.5(c)(13)
18750 Unlawf ul Explosion Causing Bodily Injury S, V 1192.7(c)(16) $500,000
667.5(c)(13)
22810 Unlawf ul Use of Tear Gas MR
25400 Concealed Weapon on Person or in Vehicle MR
25850 Possession of a Loaded Firearm MR
26100(c) Personally Shooting From Motor Vehicle S 1192.7(c)(36) $250,000
29800 Concealable Firearms, Ownership or MR
Possession by Felon, Addict; Knowledge of
Outstanding Warrant

19
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL

30305(a) Unlawf ul Possession of Ammunition MR


30600 Manuf acture, Distribute, Etc. Assault Weapon MR
30605 Possession of Any Assault Weapon MR
31360 Felon with Body Armor MR

VEHICLE CODE
SERIOUS
VEHICLE PRE-ARRAIGNMENT
OFFENSE OR CITATION
CODE § RELEASE PROTOCOL
VIOLENT
2800.2 Attempting to Evade Peace Officer MR
Reckless driving
2800.3 Attempting to Evade Peace Officer
2800.3(a) Causing serious bodily injury S 1192.8 $100,000
2800.3(b) Causing death S 1192.8 $150,000
2800.4 Attempting to Evade Peace Officer MR
Driving in opposite direction of lawfully
moving traffic
4463 Ownership Certificate, License Forgery BR
10801 Own or Operate a Chop Shop BR
10851(a) Driving Car Without Consent CR
10851(b),(e) Driving Car Without Consent BR
Specified vehicles, P.C. 666.5 prior
20001 Hit And Run: Personal Injury BR
23152 Driving Under The Inf luence Of Alcohol Or S 1192.8 $100,000
Drugs If a felony per V.C. 23550 or
23550.5
23153 Driving Under The Inf luence Of Alcohol or S 1192.8 $100,000
Drugs Causing bodily injury

HEALTH & SAFETY CODE


SERIOUS
HEALTH & PRE-ARRAIGNMENT
OFFENSE OR CITATION
SAFETY CODE RELEASE PROTOCOL
VIOLENT
443.17(a) Knowingly Altering or Forging, or BR
Concealing or Destroying Withdrawal or
Rescission of, Request For Aid-In-Dying
Drug to End Life
443.17(b) Knowingly Coercing or Exerting Undue BR
Inf luence to, or Destroying
Withdrawal or Rescission of, Request
For Aid-In-Dying Drug to End Life
11152, Controlled Substances, Writing, CR
11153 Dispensing Prescription
11154, Controlled Substances, Prescribing, BR
11155 Administering, Furnishing
11156 Controlled Substances, Prescribing, BR
Administering, Furnishing to Addict
11162.5(a) Counterf eiting Prescription Blank CR
11350 Illegal Possession of Certain Specific or BR
20
SERIOUS
HEALTH & PRE-ARRAIGNMENT
OFFENSE OR CITATION
SAFETY CODE RELEASE PROTOCOL
VIOLENT
Classif ied
Controlled Substances With Qualifying
Prior Conviction(s)
11350.5 Possession of GHB With Intent to MR
Commit Sexual Assault
11351 Possession or Purchase For Sale of BR
Certain Specific or Classified Controlled
Substances
11351.5 Possession or Purchase For Sale of BR
Cocaine Base
11352 Illegal Transportation, Sale, Furnishing BR
of Certain Specific or Classified
Controlled Substances
11353 Person 18 Years or Over Using Minor in
Sale, Transportation, or Giving to a
Minor Certain Specific or Classified
Controlled Substances
Up to 1 kilogram S 1192.7(c)(24) $50,000
If over 1 kilogram S 1192.7(c)(24) $100,000
If over 4 kilograms S 1192.7(c)(24) $250,000
If over 10 kilograms S 1192.7(c)(24) $500,000
If over 20 kilograms S 1192.7(c)(24) $1,000,000
If over 40 kilograms S 1192.7(c)(24) $2,000,000
If over 80 kilograms S 1192.7(c)(24) $5,000,000
11353.5 Adult Preparing to Sell to Minor Drugs BR
or Narcotics
11354 Person Under 18 Years Using Minor in BR
Sale, Transportation, or Giving to a
Minor Certain Specific or Classified
Substances
11355 Sale or Furnishing Substance Falsely BR
Represented as Controlled Substance,
With Respect to Certain Specific or
Classif ied Controlled Substances
11358 Marijuana: Cultivate, Process BR
11359 Marijuana, Possession For Sale BR
11360(a) Marijuana: Transportation, Sale, BR
Furnishing
11361 Marijuana: Person 18 Years or Over BR
Using Minor Under 14 in Sale,
Transportation, Giving to Minor
11362.3(a)(6) Manuf acture Concentrated Cannabis BR
Using Volatile Solvent Without License
11363 Peyote: Cultivating, Processing BR
11366 Maintain Place For Selling, Giving, Using BR
of Certain Specific or Classified
Controlled Substance
11366.5(a) Rent, Lease, Etc. Room For BR
Manuf acture, Storage or Distribution of
Controlled Substance
11366.5(b) Allowing Location To Be Fortified For BR
Sale
11366.6 Using Fortified Location For Sale BR
11368 Narcotic Drug: Forging, Altering CR
Prescription
11370.1 Possession of Specified Controlled MR
21
SERIOUS
HEALTH & PRE-ARRAIGNMENT
OFFENSE OR CITATION
SAFETY CODE RELEASE PROTOCOL
VIOLENT
Substances While Armed With a Loaded
Firearm
11370.4 Conspiracy to Violate Sections 11351, BR
11351.5, or 11352
11377 Possession of Controlled Substances MR
With Qualif ying Prior Conviction(s)
11377.5 Possession of Controlled Substances MR
With Intent to Commit Sexual Assault
11378 Possession of Controlled Substances BR
For Sale
11378.5 Possession or Purchase For Sale Of BR
PCP
11379 Sale of Controlled Substances BR
11379.5 Sale of PCP BR
11379.6 Manuf acture of Any Controlled MR
Substance
11380 Soliciting Minor Re Controlled
Substances
If 2,000 pills or less S 1192.7(c)(24) $50,000
If 2,001 - 5,000 pills S 1192.7(c)(24) $75,000
If 5,001 - more pills S 1192.7(c)(24) $100,000
11382 Sale Substance Represented to Be BR
Controlled Substance
11383 Possession With Intent to Manufacture BR
PCP
Possession With Intent to Manufacture BR
Methamphetamine or N-
Ethylamphetamine
Possession With Intent to Sell, Transfer or BR
Furnish Specified Chemicals to Another
Person Having Intent to Manufacture PCP
Possession With Intent to Sell, Transfer or BR
Furnish Specified Chemicals to Another
Person Having Intent to Manufacture
Methamphetamine or N-
Ethylamphetamine

BUSINESS & PROFESSIONS CODE


BUSINESS & SERIOUS
PRE-ARRAIGNMENT
PROFESSIONS OFFENSE OR CITATION
RELEASE PROTOCOL
CODE VIOLENT
22449 Price Gouging in Connection with BR
Dream Act Applications

22
SENTENCE ENHANCING ALLEGATIONS
PEN. CODE § AMOUNT
GANGS
Any f elony for the benefit of a street gang 186.22 $40,000

WEAPONS
Personal Use of a Weapon Other Than Includes §§ 12022(b)(1) and (2) $20,000
Firearm
Of f ense Involved Possession/Use/Discharge Includes §§ 12022(a)(1), (2), 12022(c), $50,000
of Firearm 12022(d), 12022.2, 12022.3, 12022.4,
12022.5, and 12022.53(b)
Personal Discharge of Firearm Not Causing Includes § 12022.53(c) $200,000
GBI
Personal Discharge of Firearm Causing GBI Includes §§ 12022.53(d), 12022.55 $1,000,000
or Death
MULTIPLE FELONIES INVOLVING FRAUD OR
EMBEZZLEMENT
Aggravated White Collar Crime Enhancement § 186.11 MR

INJURY
Inf liction of Great Bodily Injury Includes §§ 236.4, 12022.7, 12022.8, $30,000
and 12022.9
NARCOTICS
Inducing Another to Commit Large-Scale Health & Saf . Code, § 11356.5 $30,000
Narcotics Offense
PRIOR CONVICTIONS /SENTENCES
Prior Conviction for Serious/Violent (“Strike”) Includes serious/violent offenses listed $50,000 per prior
or Enumerated Sex Offense in §§ 667.5(c), 1192.7(c), and 1192.8,
or circumstances enumerated in §§
667(a)(1), 667.51(a), 667.6(a), and
667.10(a)
Current Serious/Violent (“Strike”) or Includes serious/violent offenses listed $1,000,000
Enumerated Sex Offense with Two or More in §§ 667.5(c), 1192.7(c), and 1192.8,
Prior Convictions for Serious/Violent or Sex or circumstances enumerated in §§
Of f enses 667.51(c) and 667.6(b)
Def endant Served a Prior Prison Term Within §§ 667.5(a) and (b) $10,000 per prior
the Past Five Years
OTHER
Felony That is a Hate Crime §§ 422.7, 422.75 $25,000
Specified Offenses Against Victim Over 65, Including circumstances enumerated in $25,000
Under 14, Disabled §§ 667.9 and 667.10
Felony Offense Committed While Any of the Including but not limited to $25,000
Following Conditions Exist: Felony Charges circumstances enumerated in §
Pending Against Defendant, or Defendant on 12022.1
Parole or Felony Probation, or Probation
Department Supervision
Any Enhancement, Not Otherwise Listed in Includes circumstances enumerated in $1,000,000
This Schedule, Which Carries a Possible §§ 667.61, 667.7, 667.71
Term of Life Imprisonment

23
II. RELEASE CONSIDERATIONS FOR JUDICIAL OFFICERS

A. How to Use the Schedule

At and after a defendant's first appearance on any crime, pursuant to Penal Code section 1269b(b),
the amount of bail or conditions of release, if any are allowed, shall lie with the sound discretion of
the judicial officer before whom the defendant appears, and may be greater or less than the amount
set forth in this schedule, or may be more or less restrictive than the pre -arraig n m e n t
release order, subject to the provisions of Penal Code section 1275.

A court's consideration of release conditions in an individual case is governed by mandatory factors


identified in the California Constitution: “In setting, reducing or denying bail, the judge or magistrate
shall take into consideration the protection of the public, the safety of the victim, the seriousness of
the offense charged, the previous criminal record of the defendant, and the probability of his or her
appearing at the trial or hearing of the case. Public safety and the safety of the victim shall be the
primary considerations.” (Cal. Const., art. 1, § 28, subd. (f)(3).) Furthermore, the Penal Code states:
“In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection
of the public, the seriousness of the of fense charged, the previous criminal record of the defendant,
and the probability of his or her appearing at trial or at a hearing of the case. The public safety shall
be the primary consideration. In setting bail, a judge or magistrate may consider factor s such as the
information included in a report prepared in accordance with Section 1318.1.” (Pen. Code, § 1275,
subd. (a)(1).) In addition, the Court must consider the legal principles set forth in In re Humphrey
(2021) 11 Cal.5th 135.

B. Arrest Warrants

When issuing an arrest warrant pursuant to Penal Code section 815a, a judicial officer may use this
protocol in setting a financial condition of release (i.e., money bail). The financial condition fixed to the
arrest warrant lies within the sound discretion of the judicial officer who may use the amounts listed
in the protocol or in subdivision C, below.

C. Determining Financial Conditions of Release at Arraignment or Future Court


Proceedings

A judicial officer may also use the protocol in setting financial conditions of release at arraignment
or future court proceedings when there is a change in circumstance or as permitted by statute.
Release conditions lie within the sound discretion of the judicial officer and are subject to the
considerations summarized in subdivision A, above. Financial conditions of release for offenses
designated CR, BR, or MR may be set according to the following guidelines:

CR……$25,000
BR……$50,000
MR……$75,000

D. Penal Code Section 1270.1

This statute prohibits the release of an arrestee on bail in an amount other than that set forth in
this bail schedule prior to a hearing in open court for:
1. Violent felonies as described in P.C. Section 667.5(c), but not 460(a);
2. Serious felonies as described in P.C. Section 1192.7(c) (including those listed in P.C.
24
Section 1192.8);
3. Violations of P.C. Sections 136.1(c), 243(e)(1), 273.5, 422 (as a felony), and 646.9; and
4. Violation of P.C. Section 273.6 if the detained person made threats to kill or harm, has
engaged in violence against, or has gone to the residence or workplace of the protected
party.

25

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