1269b.
(a) The officer in charge of a jail in which an arrested person is held in custody, an officer of a sheriff’s department or police department of a city who is in charge of a jail or is employed at a fixed police or sheriff’s facility and is acting under an agreement with the agency that keeps the jail in which an arrested person is held in custody, an employee of a sheriff’s department or police department of a city who is assigned by the department to collect bail, the clerk of the superior court of the county in which the offense was alleged to have been committed, and the clerk of the superior court in which the case against the defendant is pending shall
may approve and accept bail in the amount fixed pursuant
to this section by the warrant of arrest, schedule of bail, or order admitting to bail in cash or surety bond executed by a certified, admitted surety insurer as provided in the Insurance Code, to issue and sign an order for the release of the arrested person, and to set a time and place for the appearance of the arrested person before the appropriate court and give notice thereof.(b) If a defendant has appeared before a judge of the court on the charge contained in the complaint, indictment, or information, the bail shall be in the amount fixed by the judge at the time of the appearance, in accordance with subdivisions (c) and (d).
appearance. If that appearance has not been made, the amount of bail shall be fixed pursuant to subdivisions (c) and (d). the bail shall be in the amount fixed in the warrant of arrest or, if no warrant of arrest has been issued, the amount of bail shall be pursuant to the uniform countywide schedule of bail for the county in which the defendant is required to appear until the statewide bail schedule is prepared and adopted by the Judicial Council pursuant to subdivision (c), at which point it shall be set pursuant to that statewide bail schedule.
(c)Bail shall be set at zero dollars ($0) for all misdemeanor and felony offenses except the following:
(1)A serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5.
(2)A felony violation of Section 69.
(3)A violation of paragraph (1) of subdivision (c) of Section 166.
(4)A violation of Section 136.1 when punishment is imposed under
subdivision (c) of Section 136.1.
(5)A violation of Section 262.
(6)A violation of paragraph (1) of subdivision (e) of Section 243 or Section 273.5.
(7)A violation of 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.
(8)A violation of Section 422 where the offense is charged as a felony.
(9)A violation of Section 646.9.
(10)A violation of an offense listed in subdivision (c) of Section 290.
(11)A violation of Section 23152 or 23153 of the Vehicle Code.
(12)A felony violation of Section 463.
(13)A violation of Section 29800.
(14)A violation of Section 422.6 or Section 422.7.
(15)A violation of Section 236.1.
(16)A violation of Section 273a or Section 273d.
(17)A violation of Section 368.
(18)A violation of paragraph (4) of subdivision (a) of Section 245.
(d)For all offenses listed in paragraphs (1) to (18), inclusive, of subdivision (c), and for the purposes of subdivision (e), the Judicial Council shall prepare, adopt, and annually revise a schedule of bail amounts, which shall apply statewide.
(e)While released on bail for zero dollars ($0), bail for subsequent separate offenses shall be set pursuant to the statewide bail schedule established by Judicial Council pursuant to subdivision (d), and subject to the provisions in subdivision (f). This subdivision does not apply to those subsequent and separate offenses that occur after the original offense is resolved.
(c) On or before January 1, 2023, and in each subsequent year, the Judicial Council shall prepare, adopt, and annually revise a statewide schedule of bail amounts for all felony, misdemeanor, and infraction offenses except Vehicle Code infractions. On January 1, 2023, each county’s uniform countywide bail schedule shall be deemed inoperative and shall not be used in fixing the amount of bail for any felony, misdemeanor, or infraction offense except Vehicle Code infractions and local municipal code and county ordinance violations.
(f)
(d) (1) Prior to
setting bail for an offense listed in paragraphs (1) to (18), inclusive, of subdivision (c), or for an offense pursuant to subdivision (e),
bail,
the court shall first consider whether nonfinancial conditions will reasonably protect the public and the victim and reasonably assure the arrestee’s presence at trial.
(2) If the court concludes that money bail is reasonably necessary to protect the public and the victim or reasonably assure the arrestee’s presence at trial, the court shall consider the arrestee’s ability to pay, and set bail at a level the arrestee can reasonably afford.
conduct an inquiry into the arrestee’s ability to pay and shall make a finding that the arrestee has the present ability to pay the amount of monetary bail without substantial hardship.
(3) For purposes of this subdivision, the following definitions apply:
(A) “Ability to pay” means the payer’s present ability with income or assets available to them to pay the specified amount without borrowing money, selling personal property, obtaining a loan, taking money from family or friends, accessing a means-tested public benefit in which they are enrolled, or paying a bond premium.
(B) “Substantial hardship” means a significant infringement on a payer’s ability to meet the basic necessities of life
for themselves or their dependents. These basic necessities include, but are not limited to, reasonable expenses for food, shelter, communication, clothing, transportation, utilities, medical and dental care, childcare, and education.
(g)
(e) The penalty schedule for infraction violations of the Vehicle Code shall be established by the Judicial Council in accordance with Section 40310 of the Vehicle Code.
(h)
(f) In adopting a uniform statewide schedule of bail for all offenses listed in paragraphs (1) to (18),
inclusive, of pursuant to subdivision (c), the Judicial Council shall consider the seriousness of the offense charged. In considering the seriousness of the offense charged the judges shall assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, including, but not limited to, additional bail for charges alleging facts that would bring a person within any of the following sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9, 667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.7, 12022.8, or 12022.9 of this code, or Section 11356.5, 11370.2, or 11370.4 of the Health and Safety Code.
charged and input from stakeholders, experts, and other interested parties.
(i)
(g) The statewide bail schedule shall contain a list of the offenses and the amounts of bail applicable for each offense. The Judicial Council shall send a copy of the statewide bail schedule to the
presiding judge of each superior court, and the presiding judge shall provide a copy of the statewide bail schedule to the officer in charge of the county jail, to the officer in charge of each city jail within the county, and to each superior court judge and commissioner in the county.
(j)
(h) (1) Upon posting bail, the defendant or arrested person shall be discharged from custody as to the offense on which the bail is posted.
(2) All money and surety bonds so deposited with an officer authorized
to receive bail shall be transmitted immediately to the judge or clerk of the court by which the order was made or warrant issued or bail schedule fixed. with jurisdiction. If, in the case of felonies, an indictment is filed, the judge or clerk of the court shall transmit all of the money and surety bonds to the clerk of the court.
(k)
(i) If a defendant or arrested person so released fails to appear at the time and in the
court so ordered upon their release from custody, Sections 1305 and 1306 apply.
(j) Nothing in this section restricts the ability of the court to deny bail in accordance with Section 12 of Article I of the California Constitution, or to set, reduce, or deny bail in accordance with paragraph (3) of subdivision (f) of Section 28 of Article I of the California Constitution.