Felony Bail Schedule
Felony Bail Schedule
Felony Bail Schedule
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
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.
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).
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Zero-Dollar Bail Is Not Available for Serious or Violent Offenses Pre-Arraignment
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.
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.
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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.
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).)
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.
If no charges are filed by the prosecuting agency prior to arraignment, the arrestee will be
released without conditions.
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.
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.
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Felony Bail Computation Worksheet
1 Name of Arrestee:
2 List all offenses:
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
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SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL
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SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL
12
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL
13
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL
14
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL
15
SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL
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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
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SERIOUS
PRE-ARRAIGNMENT
PEN. CODE § OFFENSE OR CITATION
VIOLENT
RELEASE PROTOCOL
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
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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
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II. RELEASE CONSIDERATIONS FOR JUDICIAL OFFICERS
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.
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.
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
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.
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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.
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