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FOR IMMEDIATE RELEASE:
July 18, 2023
NATION’S LARGEST TRIAL COURT UNVEILS SAFE AND
FAIR PRE-ARRAIGNMENT RELEASE PROTOCOLS FOR
NON-VIOLENT, NON-SERIOUS FELONIES AND
MISDEMEANORS
New Pre-Arraignment Release Protocols Prioritize Public Safety by Focusing on
Risk to Community Safety While Reducing Reliance on Money Bail, Set to Take
Effect October 1
Today the Superior Court of Los Angeles County approved a new set of bail schedules that
include safe and fair Pre-Arraignment Release Protocols which determine release status based on
an arrestees’ risk to public or victim safety and their likelihood of returning to court while
reducing reliance on money bail as a condition of release for many of those arrested in Los
Angeles County for non-violent, non-serious felonies and misdemeanors, Presiding Judge
Samantha P. Jessner announced.
“Today the Court approved a shift in the way we approach pre-arraignment release for non-
violent, non-serious felonies and misdemeanors that acknowledges the fundamental inequality of
money bail,” said Presiding Judge Jessner. “A person’s ability to pay a large sum of money
should not be the determining factor in deciding whether that person, who is presumed
innocent, stays in jail before trial or is released. Any determination of an arrestee’s status after
arrest but before being charged should be based on an individualized determination of risk and
likelihood to return to court. A low-risk arrestee should not be held in jail simply because they
cannot post the necessary funds to be released pending arraignment. I applaud the members of
the Court’s Bail Committee and Executive Committee for producing an innovative approach that,
for those arrested for non-violent, non-serious felony offenses and misdemeanors, considers the
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individual’s risk to public and victim safety and likelihood of returning to court while minimizing
reliance on money bail to secure pre-arraignment release. The Court looks forward to working
with County leaders, including our law enforcement and justice partners, to continue to think
broadly about what we can do as a community to facilitate the protection of public safety,
maximize the likelihood that these persons will return to court and ensure that low-level
offenders do not sit behind bars prior to arraignment simply because they cannot afford bail.”
The California Constitution provides that the purpose of bail is to ensure an arrestee appears for
all court appearances and reduce the risk to public or victim safety. Under the Constitution, most
arrestees who are presumed innocent until proven guilty beyond a reasonable doubt are entitled
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. The United States Supreme Court
has stated that “in our society liberty is the norm, and detention prior to trial is the carefully
limited exception,” and the Court’s action today seeks to make this a reality.
“With the implementation of the new Pre-Arraignment Release Protocols, the Court is helping to
develop a robust and dynamic pre-arraignment release system for non-violent, non-serious
felonies and misdemeanors that prioritizes public and victim safety and equal access to justice
for all,” said Executive Officer/Clerk of Court David W. Slayton. “We are hopeful the protocols
announced today will build on our productive and collaborative working relationships with
members of the LA County criminal justice community as we work together to change the
landscape of and thinking around pretrial release for low-level crimes.”
Uniform county bail schedules are established by the Court under the authority granted by Penal
Code Section 1269b(c). Under the traditional bail schedule model, crimes correspond with
specific dollar amounts, which individuals can post as bail to secure release prior to their
arraignment, which is typically held within 48 hours of arrest if the arrestee is detained,
regardless of the arrestee’s risk to public safety and likelihood to return to court.
The newly adopted felony and misdemeanor bail schedules, which include the new Pre-
Arraignment Release Protocols, will replace uniform misdemeanor and felony bail schedules for
arrestees before arraignment. Under the protocols included in the new bail schedules, crimes will
correspond with pre-arraignment release terms based on the arrestee’s risk to public and victim
safety and likelihood of returning to court. Instead of assigning a money bail amount to low-
level, non-violent, non-serious offenses, the majority of these arrestees will be released at the
location of arrest or booked and then released on their own recognizance with a promise to
appear at arraignment. Persons arrested for certain crimes which pose a greater risk to the
public will be referred to a magistrate, available 24 hours a day, seven days a week, who will
exercise discretion by conducting individualized determinations of the appropriate non-financial
pre-arraignment release terms and conditions of the arrestee necessary to reduce the risk to the
public and victim safety and the likelihood of the arrestee returning to court. Examples of
release terms and conditions include prohibitions against engaging in illegal conduct, text
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reminders about court appearances, check-ins with court staff, home supervision and electronic
monitoring.
Pursuant to the law, all release conditions for arrestees may be reconsidered by a judicial officer
at arraignment. At that time, judicial officers will consider the facts presented and the
arguments made by counsel, rely on applicable legal precedent, and exercise their discretion to
determine release conditions and an amount of bail necessary to ensure the safety of the public
and victim and likelihood of the arrestee returning to court.
The newly adopted bail schedules will take effect on October 1 to provide law enforcement and
justice partners the opportunity to design and implement systems, procedures and tools to
accommodate the new pre-arraignment protocols.
Persons charged with capital offenses or certain felonies designated in the California Constitution
and Penal Code 1270.5 will remain ineligible for pre-arraignment release.
As mandated by Penal Code 1270.1, persons arrested for serious or violent offenses under the
law remain eligible to post money bail for pre-arraignment release, but will not be eligible for
cite and release, book and release or magistrate review.
Persons arrested for felonies while on Post-Release Community Supervision or while on Parole
will not be eligible for cite and release or book and release and will be referred to a magistrate
for review.
The new bail schedules reflect the conclusions of the Judicial Council of California’s 2017 Pretrial
Detention Reform Workgroup that pretrial systems that rely exclusively on the financial
resources of the accused are inherently unsafe and unfair. Consistent with these conclusions, for
non-violent, non-serious felonies and misdemeanors, the newly adopted bail schedules will
decrease reliance on money bail as a condition of pre-arraignment release in recognition that
these persons have not yet been convicted of the crime for which they were arrested and that an
individualized determination of risk and tailored conditions are more effective in reducing risk to
the public and victim and failure to appear rates. The schedules are also consistent with
precedent set by other jurisdictions throughout the nation, including New Jersey, Kentucky and
Washington D.C., whose systems have largely removed money bail as a condition of release
while concomitantly reducing crime and failures to appear in court.
The newly adopted bail schedule for misdemeanors is available here. The newly adopted bail
schedule for felonies is available here. A fact sheet is available below.
###
❖It is fundamental to the United States’ criminal justice system that a person charged with a crime is presumed
innocent until proven guilty beyond a reasonable doubt. With some exceptions, under the California
Constitution, a person accused of committing a criminal offense and arrested for that alleged crime is entitled to
be released from jail on bail. Bail is intended to ensure the safety of the public and alleged victim and the
arrestee’s future appearance in court. Bail is not intended to punish a presumed innocent person who does not
have the financial means to post bail.
❖The new Protocols for non-violent and non-serious felonies and misdemeanors consider an arrestee’s risk to
public and victim safety and likelihood of returning to court and base the decision to release eligible arrestees
on that risk rather than on purely financial terms. In doing so, for misdemeanors and non-violent and non-
serious felonies, the bail schedules shift decisions to release an arrestee pending arraignment away from a
system that relies almost exclusively on a person’s financial wherewithal to a system that is tailored to an
individual’s risk to public safety and ensuring future appearances in court.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
FACT SHEET
SAFE, FAIR AND JUST PRE-ARRAIGNMENT
RELEASE PROTOCOLS
PRE-ARRAIGNMENT RELEASE PROTOCOLS
The Court issues Felony and Misdemeanor Bail Schedules annually which are developed by the Court’s Bail Committee and
submitted to the Court’s Executive Committee for approval. Historically, in bail schedules an offense corresponds to a specific
dollar amount of bail. Notwithstanding the fact that law enforcement releases some individuals prior to or at booking based on
their own internal policies, and magistrates release some individuals on their own recognizance, many individuals remain in jail
or are released based on their ability or lack of ability to post the pre-set bail amount, even though they do not present a risk to
the community. Money bail does not involve consideration of whether the defendant poses a threat to public safety because
persons who can afford to post bail are released, regardless of the risk they may pose to the community.
During the COVID-19 pandemic, to address the public health risk associated with jail overcrowding and pursuant to the Judicial
Branch’s Emergency Rules Related to COVID-19, the Court issued an Emergency Bail Schedule (EBS), which reduced bail amounts
to $0 for most non-violent, non-serious felonies and misdemeanors. Emergency Bail Schedules were in place in Los Angeles
County from March 20, 2020, to June 30, 2022, when the Judicial Branch Emergency Rules expired. According to a report issued
by the County of Los Angeles, in the first quarter of 2021, when the EBS was in effect, “rates of failure to appear (FTA) in court
and of rearrest or new offenses remained either below or similar to their historical average.”2
A newly-released Judicial Council of California report shows that risk-based release decisions that are not reliant on money bail
result in increased public safety – a 5.8% decrease in rearrest/rebooking for misdemeanors and a 2.4% decrease in
rearrest/rebooking for felonies.3 In other words, risk-based decision making did not result in more crime committed by those
who were released; nor did it decrease the likelihood that those released would return to court.
As a result of a recent court decision, the EBS was reinstated in Los Angeles County for the Los Angeles Sheriff’s Department and
Los Angeles Police Department and is effective through August 17, 2023. The judge wrote, “enforcing…secured money bail
schedules against poor people who are detained in jail solely for the reason of their poverty is a clear, pervasive and serious
constitutional violation.”4 The only law enforcement agencies named as defendants in the case were the LAPD and LASD. As a
result, the ruling is not applicable to the 50+ remaining law enforcement agencies in Los Angeles County that arrest citizens
every day. Those other law enforcement agencies in the County continue to operate under the Court’s previously adopted 2023
Bail Schedules, resulting in lack of uniformity for arrestees across Los Angeles County, confusion and lack of due process and
fairness in terms of pre-arraignment release status.
Emergency Bail Schedules were never intended to be permanent. While they reduce reliance on money bail, they fail to consider
each arrestee's risk to public and victim safety and the defendant’s likelihood of returning to Court.
The new protocols within the newly adopted bail schedules consider an arrestee’s risk to public and victim safety and likelihood
of returning to court and base the decision to release eligible arrestees on individual risk rather than on purely financial terms.
For misdemeanors and non-violent felonies only, rather than an amount of money bail to secure release, the bail schedule will
list one of three actions – Cite and Release (CR), Book and Release (BR), and Magistrate Review (MR).
“In our society liberty is the norm, and detention prior to trial…is the carefully limited exception.”1
EXAMPLES OF OFFENSES ELIGIBLE FOR CITE AND RELEASE (CR) OR BOOK AND RELEASE
(BR) INCLUDE:
Most theft offenses, vehicle code violations, offenses against property such as
petty theft; vandalism; etc.
1 United States v. Salerno (1984) 481 U.S. 739, 755.
2 FIRST QUARTERLY UPDATE ON DATA COLLECTION TO SUPPORT PRETRIAL REFORM IN LOS ANGELES COUNTY, March 9, 2022
3 Judicial Council of California. Pretrial Pilot Program: Final Report to the Legislature. July 21, 2023. (Available at https://jcc.legistar.com/gateway.aspx?m=l&id=3071).
4 Phillip Urquidi v. City of Los Angeles, Et. Al. (2022)
SAFE, FAIR AND JUST PRE-ARRAIGNMENT RELEASE PROTOCOLS FOR LOW-LEVEL
OFFENSES – HOW THEY WORK:
The newly adopted bail schedules provide for the safe, fair, just and timely pre-arraignment release of those arrested for non-
violent, non-serious felonies and misdemeanors. Consideration of the risk to public safety is a cornerstone of the schedules:
those who pose a significant threat to the public or those who are unlikely to return to court will not be released prior to
arraignment. See below for some examples of types of offenses that fall under each pre-arraignment release category:
OTHER JURISDICTIONS THAT RELY ON INDIVIDUALIZED RISK DETERMINATIONS
INSTEAD OF MONEY BAIL:
Commercial bond was abolished in 1976.
Pretrial Services conducts risk assessments
and interviews with arrestees within 24
hours of arrest. Most defendants are
released on own recognizance and/or
other non-financial means.
Commercial bond was virtually eliminated in
1992, but the law still allows for it in limited
circumstances. The Pretrial Services Agency
interviews arrestees and bring them to court
within 24 hours of arrest. 84% of arrestees
are released on their own recognizance.
A 2017 constitutional
amendment replaced cash
bail with a risk-based
system of pretrial release.
EXAMPLES OF OFFENSES NOT ELIGIBLE FOR PRE-ARRAIGNMENT RELEASE:
Capital offenses such as murder with special circumstances and certain felonies identified
in the State’s Constitution.
EXAMPLES OF OFFENSES SUBJECT TO MAGISTRATE REVIEW (MR):
Offenses involving firearms, such as possession of a loaded firearm, sexual battery, violence against
children or elders, contact with minor with intent to commit a sexual offense, and battery against an
elder or dependent adult.
Persons arrested for a felony while on Parole or on Post-Release Community Supervision are
also subject to Magistrate Review.
EXAMPLES OF OFFENSES NOT ELIGIBLE FOR NON-FINANCIAL TERMS OF RELEASE:
Offenses involving serious or violent felonies and domestic violence offenses are not eligible for non-financial terms of release prior
to arraignment pursuant to Penal Code section 1270.1. Based on existing law, these offenses remain eligible for release only on
monetary bail amounts prior to arraignment.
Washington D.C.
FELONY BAIL SCHEDULE
Rev. July 18, 2023; Eff. October 1, 2023
2023
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Copies or interim amendments can be obtained at
http://www.lacourt.org
TABLE 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
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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).
5
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.
6
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
7
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
8
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.
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 firearm, causing GBI or death? If yes, add $1,000,000 5a
5b Did the arrestee personally discharge a firearm, not causing GBI/death? If yes, add $200,000 5b
5c Did 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 for a
7a serious or violent felony or enumerated sex
offense?
Is the arrestee charged with a serious or violent
7b felony AND does the arrestee have two or more
If yes, add $50,000 per prior
conviction 7a
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 □ □
Name of Person Completing Form Badge/ID # Oppose O/R Release? Yes No
CRIM‐208 Felony Computation Worksheet [01‐2018]
10
PENAL CODE
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
32 Accessories BR
67 Bribery of State Executive Officer CR
67.5 Bribery of Public Officer or Employee (If theft
or thing given or offered would be grand theft)
CR
68 Bribe, Soliciting by Public Officer or Employee BR
69 Resisting Arrest/Threatening Executive Officer MR
76 Threats to the Life of an Official or Judge MR
92, 93 Bribe, Offering, Accepting by Judge, Juror,
Referee
BR
113 Manufacturing or Selling False Citizenship or
Resident Alien Documents
CR
114 Using False Documents to Conceal True
Citizenship
CR
115 Offering 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
Attendance, Testifying
S 1192.7(c)(37) $100,000
137(a),(b) Influencing Testimony BR
141(b) Filing of False Evidence by Police BR
141(c) Filing of False Evidence by Prosecuting
Attorney
BR
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),
667.5(c)(1)
INELIGIBLE FOR
RELEASE
All other murders S, V 1192.7(c)(1),
667.5(c)(1)
$2,000,000
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),
667.5(c)(1)
$100,000
192(b) Manslaughter – Involuntary $25,000
11
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
192(c)(1) Vehicular Manslaughter – Driving vehicle with
gross negligence
S 1192.8 $50,000
192(c)(3) Vehicular Manslaughter – Accident caused for
financial gain
S 1192.8 $100,000
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),
667.5(c)(2)
$100,000
205 Aggravated Mayhem (Life) S, V 1192.7(c)(2),
667.5(c)(2)
$1,000,000
207 Kidnapping S, V 1192.7(c)(20),
667.5(c)(14)
$100,000
Kidnapping child under age 14 to deprive
custody (P.C. 667.85)
S, V 1192.7(c)(20),
667.5(c)(14)
$150,000
Kidnapping for purpose of felony sexual
offense (P.C. 667.8(a) and (b))
S, V 1192.7(c)(20),
667.5(c)(14)
$1,000,000
209 Kidnapping for Ransom, Robbery, Sex
Offense, Etc. (Life) Including kidnapping child under age 14 to
deprive custody (P.C. 667.85), and
kidnapping for purpose of felony sexual
offense (P.C. 667.8(a) and (b))
S, V 1192.7(c)(20),
667.5(c)(14)
$1,000,000
209.5 Kidnapping During a Carjacking (Life) S, V 1192.7(c)(20),
667.5(c)(14)
$1,000,000
210.5 False Imprisonment – Kidnapping to Evade Arrest MR
211 ROBBERY
First Degree S, V 1192.7(c)(19),
667.5(c)(9)
$100,000
Second Degree S, V 1192.7(c)(19),
667.5(c)(9)
$50,000
215 Carjacking S, V 1192.7(c)(27), 667.5(c)(17) $100,000
219 Trainwrecking (Life) S, V 1192.7(c)(7),
667.5(c)(7)
$1,000,000
220(a) Assault with Intent to Commit Mayhem, Rape,
Sodomy, Oral Copulation, or Any Violation of
P.C. 264.1, 288, or 289
S, V 1192.7(c)(29),
667.5(c)(15)
Same as substantive
offense
220(b) Assault with Intent to Commit Specified Sex
Offenses While in the Commission of First
Degree Burglary
S, V 1192.7(c)(29),
667.5(c)(15)
$1,000,000
222 Administering Drugs to Aid Felony MR
12
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
236 False Imprisonment BR
236.1 Human Trafficking * MR
If victim is under the age of 18 MR
237(b) False Imprisonment – Elder or Dependent
Person
MR
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
performance of duties:
if the arrestee is in custody
If arrestee is not in custody
BR
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
Firearm
S 1192.7(c)(31) $30,000
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
Firearm or Force Likely to Produce G.B.I.
Upon a Peace Officer or Firefighter
S 1192.7(c)(11),(
31)
$50,000
245(d)(1) Assault with A Firearm Upon A Peace Officer
Or Firefighter
S 1192.7(c)(11),
(31)
$100,000
245(d)(2) Assault with a Semiautomatic Firearm Upon a Peace Officer or Firefighter S 1192.7(c)(11), (31) $200,000
246 Shooting at Inhabited Dwelling, Building,
Occupied Motor Vehicle
S 1192.7(c)(33) $250,000
246.3(a) Discharge of Firearm – Gross Negligence S 1192.7(c)(8) $35,000
261 Rape S, V 1192.7(c)(3), 667.5(c)(3) $100,000
If victim is under 18 S, V 1192.7(c)(3), 667.5(c)(3) $200,000
If victim is under 14 S, V 1192.7(c)(3),
667.5(c)(3)
$250,000
261.5(c) Unlawful Sexual Intercourse with Person
Under 18
MR
261.5(d) If defendant is over 21 and minor under 16 MR
264.1 Rape in Concert with Another by Force or Violence S, V 1192.7(c)(34), 667.5(c)(18) $100,000
13
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
If victim is under 18 S, V 1192.7(c)(34),
667.5(c)(18)
$200,000
If victim is under 14 S, V 1192.7(c)(34),
667.5(c)(18)
$250,000
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
14 Years
S 1192.7(c)(3),
(4), (5)
$250,000
273a(a) Willful Harm or Injury to Child Likely to
Produce G.B.I. or Death
MR
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
over age 21
MR
286(c)(1) If victim is under age 14 and defendant more
than 10 years older than victim
S, V 1192.7(c)(4),
667.5(c)(4)
$100,000
286(c)(2)(A) If defendant compelled another by force,
duress or threats of great bodily injury
S, V 1192.7(c)(4),
667.5(c)(4)
$100,000
286(c)(2)(B) If victim is under age 14 with force or duress S, V 1192.7(c)(4),
667.5(c)(4)
$100,000
286(c)(2)(C) If victim is a minor age 14 or older with force
or duress
S, V 1192.7(c)(4),
667.5(c)(4)
$100,000
286(d)(1) If in concert with force or fear S, V 1192.7(c)(4),
667.5(c)(4)
$250,000
286(d)(2) If in concert with force or fear upon a victim
under age 14
S, V 1192.7(c)(4),
667.5(c)(4)
$250,000
286(d)(3) If in concert with force or fear upon a minor
victim age 14 or over
S, V 1192.7(c)(4),
667.5(c)(4)
$250,000
286(e) If committed in state prison or jail MR
286(f) and (g) If victim unconscious of nature of
act/incapable of consent
MR
14
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
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
over age 21
MR
287(c)(1) If victim is under age 14 and defendant more
than 10 years older than victim
S, V 1192.7(c)(5),
667.5(c)(5)
$100,000
287(c)(2)(A) If defendant compelled another by force,
duress or threats of great bodily injury
S, V 1192.7(c)(5),
667.5(c)(5)
$100,000
287(c)(2)(B) If victim is under age 14 with force or duress S, V 1192.7(c)(5),
667.5(c)(5)
$100,000
287(c)(2)(C) If the victim is a minor age 14 or older with
force or duress
S, V 1192.7(c)(5),
667.5(c)(5)
$100,000
287(d)(1) If in concert with force or fear S, V 1192.7(c)(5), 667.5(c)(5) $250,000
287(d)(2) If in concert with force or fear upon a victim
under age 14
S, V 1192.7(c)(5),
667.5(c)(5)
$250,000
287(d)(3) If in concert with force or fear upon a minor
victim age 14 or over
S, V 1192.7(c)(5),
667.5(c)(5)
$250,000
287(e) If committed in state prison or jail and
arrestee is in custody
If arrestee is out of custody
BR
MR
287(f) and (g) If victim unconscious of nature of
act/incapable of consent
MR
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 force V 667.5(c)(6) $100,000
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
Offense
MR
288.3(c) With Prior MR
288.4(a)(2) Arrange Meeting with Minor for Purpose of
Exposing or Procuring Sexual Exposure with
Prior
MR
288.4(b) Attend an Arranged Meeting with Minor for Purpose of Exposing or Procuring Sexual
Exposure or Engaging In Lewd Act
MR
288.5 Continuous Sexual Abuse of a Child S, V 1192.7(c)(35),
667.5(c)(16)
$350,000
15
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
288.7 Engage in Specified Sex Acts with Minor
Under 10
S 1192.7(c)(6) $250,000
289 Sexual Penetration S, V 1192.7(c)(25),
667.5(c)(11)
$100,000
289(a)(1)(B) If victim is under age 14 with force or duress S, V 1192.7(c)(25),
667.5(c)(11)
$100,000
289(a)(1)(C) If victim is a minor age 14 or older with force
or duress
S, V 1192.7(c)(25),
667.5(c)(11)
$100,000
289.6(a)(2)-(3) Engage in Specified Sex Acts with Person Confined in Public or Private Detention
Facility
BR
290 Failure of Convicted Sex Offender to Register MR
290.46(j)(2) Use Information Disclosed on Sex Offender
Internet Web Site to Commit a Felony
BR
311.2 Bring or Distribute Obscene Matter Within
State
BR
311.4 Use of Minor In Bringing or Distributing Obscene Matter Within State MR
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
images involving prepubescent minor)
or images portraying sexual sadism or
masochism
MR
314(1) Indecent Exposure MR
337a Bookmaking CR
Second Offense BR
Third Offense BR
368 Elder Abuse MR
405a Taking Person from Lawful Custody of a
Peace Officer By Means of a Riot
MR
422 Criminal Threats S 1192.7(c)(38) $50,000
424 Embezzlement or Falsification of Accounts by
Public Officers
BR
451(a) Arson Causing Great Bodily Injury S, V 1192.7(c)(14),
667.5(c)(10)
$250,000
451(b) Arson, Inhabited Structure S, V 1192.7(c)(14),
667.5(c)(10)
$250,000
451(c) Arson, Structure or Forest Land S, V 1192.7(c)(14),
667.5(c)(10)
$75,000
451(d) Arson, Other Property S, V 1192.7(c)(14),
667.5(c)(10)
$50,000
451.5 Aggravated Arson S 1192.7(c)(14) $500,000
16
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
452(a) Recklessly Causing Fire with Great Bodily Injury V 667.5(c)(8) $35,000
452(b) Recklessly Causing Fire, Inhabited Structure S 1192.7(c)(14) $25,000
452(c) Recklessly Causing Fire, Structure or Forest
Land
S 1192.7(c)(14) $20,000
453(a) Possession, Etc. of Explosives, Flammable Matter S 1192.7(c)(14) $50,000
454 Arson During State of Emergency S, V 1192.7(c)(14),
667.5(c)(10)
$350,000
455 Attempt or Preparation to Burn Any Structure
or Property
S 1192.7(c)(39) $75,000
459 BURGLARY
Residential
First Degree with Person Present
Inhabited Dwelling, no Person Present
V
667.5(c)(21)
$50,000
MR
All Others BR
463 Looting MR
464 Burglary With Explosives MR
470 Forgery BR
470a Forgery/Counterfeiting Driver’s License or I.D.
Card
BR
470b Displaying or Possessing Forged Driver’s
License or I.D. Card With Intent to
Accomplish a Forgery
BR
471 Forgery, False Entries in Records or Returns CR
472 Forgery or Counterfeiting Any Public or Corporate Seal CR
475 Forged Bills or Notes, Possession or Receipt CR
476 Fictitious Checks, Making, Uttering CR
476a N.S.F. Checks CR
477, 479, 480 Counterfeiting of Coin CR
484b Theft, Diversion of Money Received For
Services, Labor, Material, Etc.
If Amount Diverted Exceeds $2,350
CR
484c Embezzlement Of Funds for Construction CR
484e - 484i Various Felonies Relating to Credit Cards BR
487(a) and
(b)
Grand Theft If Value Exceeds $950, Or with
Qualifying Prior Conviction(s) If Value Does
Not Exceed $950
BR
487(c) Grand Theft Person MR
487(d)(1) Theft of Automobile BR
17
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
When there is evidence of a chop shop operation BR
487(d)(2) Grand Theft – Firearm S 1192.7(c)(26) $50,000
487a Grand Theft of Horse or Other Livestock If
Value Exceeds $950, or with Qualifying Prior
Conviction(s) If Value Does Not Exceed $950
BR
487b Grand Theft – Conversion of Real Property If
Value Exceeds $950, or With Qualifying Prior
Conviction(S) If Value Does Not Exceed $950
BR
487d Grand Theft of Gold Dust, Amalgam or Quicksilver If Value Exceeds $950, or With
Qualifying Prior Conviction(S) If Value Does
Not Exceed $950
BR
487e Grand Theft of Companion Animal If Value Exceeds $950 BR
487g Grand Theft of Animal for Purpose of Sale,
Medical Research, Slaughter or Other
Commercial Use If Value Exceeds $950, or With Qualifying Prior Conviction(s) If Value
Does Not Exceed $950
BR
487h Grand Theft of Cargo If Value Exceeds $950,
or With Qualifying Prior Conviction(s) If Value
Does Not Exceed $950
BR
487i Defraud a Housing Program of a Public
Housing Authority of Value Exceeding $950, or with Qualifying Prior Conviction(s) If Value
Does Not Exceed $950
BR
487j Grand Theft of Copper Materials If Value
Exceeds $950, or With Qualifying Prior Conviction(S) If Value Does Not Exceed $950
CR
487m Grand Theft of Wages If Value Exceeds $950
From One Employee, or If Value Exceeds
$2350 In Aggregate from Two or More
Employees In Any Consecutive 12-Month Period
CR
490.4 Organized Retail Theft BR
496 Receiving Stolen Property If Value More Than
$950, or With Qualifying Priors If Value Does
Not Exceed $950
CR
497 Stolen Property, Bringing into State CR
502 Computer Related Crimes BR
502(c)(1)-(7) Unlawful Access, Data
Usage/Damage/Deletion/Alteration, Non-
permitted Use, Denial of Service
BR
502(c)(8) Introduction of a Contaminant MR
502(c)(10)-Government Computer System or Public MR
18
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
(14) Safety Infrastructure
504 Embezzlement, Misappropriation by Public
Officers
BR
504a Embezzlement, Disposal of Personal Property
Under Lease or Lien
CR
504b Embezzlement of Proceeds of Sale of Secured Property BR
505 Embezzlement By Carrier or Individual
Transporting Property for Hire
CR
506 Embezzlement, Misappropriation by Trustee,
Contractor
CR
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
Obtain Credit, Goods, etc.
BR
532 False Pretenses CR
532f Mortgage Fraud BR
548 Defrauding 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
Audiovisual Work
BR
664(a) Attempt Where Completed Crime Punishable
by State Prison
Except for attempted murder
Same as substantive
offense
664/187 Attempted Murder S, V 1192.7(c)(9),
667.5(c)(12)
$1,000,000
666 Petty Theft
With qualifying prior conviction(s)
BR
4501 Assault with Deadly Weapon by Prison S 1192.7(c)(13) $25,000
19
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
Inmate
4501.5 Battery on Non-Inmate by Prison Inmate
If arrestee is in custody
If arrestee is not in custody
BR
MR
4502 Possession of Deadly Weapon by Prison
Inmate if arrestee is in custody
If arrestee is out of custody
BR
MR
4503 Holding of Hostages by Prison Inmate S 1192.7(c)(21) $100,000
4530 Escape, Attempted Escape from Prison with
or Without Force or Violence
MR
4532 Escape, Attempted Escape by Felon, Misdemeanant, Inebriate, or Person on Work
Furlough from Jail, Industrial Farm, etc.
MR
4573 Bringing Controlled Substance into Jail or
Prison
CR
4574 Bringing Weapon into Jail or Prison BR
11418(b)
(except
(b)(2))
Possession, Etc. Weapons of Mass
Destruction
S, V 1192.7(c)(41),
667.5(c)(23)
$500,000
11418(b)(2) Employ Weapon of Mass Destruction –
Cause Death (Life)
S, V 1192.7(c)(41),
667.5(c)(23)
$1,000,000
11418.1 Send, Etc. False Weapon of Mass Destruction with Intent to Cause Fear MR
11419 Possession of Biological Agents MR
18715 Possession of Destructive Devices or
Explosives in Public Places
MR
18720 Possession of Materials with Intent to Make Destructive Device or Explosive MR
18725 Carry or Place Explosive on Common Carrier MR
18740 Possession of Exploding or Destructive
Device or Explosive with Intent to Injure
S 1192.7(c)(15) $500,000
18745 Exploding Destructive Device or Explosive
with Intent to Murder (Life)
S, V 1192.7(c)(17),
667.5(c)(13)
$1,000,000
18750 Unlawful Explosion Causing Bodily Injury S, V 1192.7(c)(16)
667.5(c)(13)
$500,000
22810 Unlawful 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
Possession by Felon, Addict; Knowledge of
Outstanding Warrant
MR
20
PEN. CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
30305(a) Unlawful Possession of Ammunition MR
30600 Manufacture, Distribute, Etc. Assault Weapon MR
30605 Possession of Any Assault Weapon MR
31360 Felon with Body Armor MR
VEHICLE CODE
VEHICLE
CODE § OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
2800.2 Attempting to Evade Peace Officer
Reckless driving
MR
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
Driving in opposite direction of lawfully
moving traffic
MR
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
Specified vehicles, P.C. 666.5 prior
BR
20001 Hit And Run: Personal Injury BR
23152 Driving Under The Influence Of Alcohol Or
Drugs If a felony per V.C. 23550 or
23550.5
S 1192.8 $100,000
23153 Driving Under The Influence Of Alcohol or Drugs Causing bodily injury S 1192.8 $100,000
HEALTH & SAFETY CODE
HEALTH &
SAFETY CODE OFFENSE
SERIOUS
OR VIOLENT CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
443.17(a) Knowingly Altering or Forging, or
Concealing or Destroying Withdrawal or
Rescission of, Request For Aid-In-Dying
Drug to End Life
BR
443.17(b) Knowingly Coercing or Exerting Undue
Influence to, or Destroying
Withdrawal or Rescission of, Request For Aid-In-Dying Drug to End Life
BR
11152,
11153
Controlled Substances, Writing,
Dispensing Prescription
CR
11154,
11155
Controlled Substances, Prescribing,
Administering, Furnishing
BR
11156 Controlled Substances, Prescribing,
Administering, Furnishing to Addict
BR
11162.5(a) Counterfeiting Prescription Blank CR
11350 Illegal Possession of Certain Specific or BR
21
HEALTH &
SAFETY CODE OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
Classified
Controlled Substances With Qualifying
Prior Conviction(s)
11350.5 Possession of GHB With Intent to
Commit Sexual Assault
MR
11351 Possession or Purchase For Sale of
Certain Specific or Classified Controlled
Substances
BR
11351.5 Possession or Purchase For Sale of Cocaine Base BR
11352 Illegal Transportation, Sale, Furnishing
of Certain Specific or Classified
Controlled Substances
BR
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
or Narcotics
BR
11354 Person Under 18 Years Using Minor in
Sale, Transportation, or Giving to a
Minor Certain Specific or Classified
Substances
BR
11355 Sale or Furnishing Substance Falsely
Represented as Controlled Substance,
With Respect to Certain Specific or
Classified Controlled Substances
BR
11358 Marijuana: Cultivate, Process BR
11359 Marijuana, Possession For Sale BR
11360(a) Marijuana: Transportation, Sale, Furnishing BR
11361 Marijuana: Person 18 Years or Over
Using Minor Under 14 in Sale,
Transportation, Giving to Minor
BR
11362.3(a)(6) Manufacture Concentrated Cannabis
Using Volatile Solvent Without License
BR
11363 Peyote: Cultivating, Processing BR
11366 Maintain Place For Selling, Giving, Using
of Certain Specific or Classified
Controlled Substance
BR
11366.5(a) Rent, Lease, Etc. Room For
Manufacture, Storage or Distribution of Controlled Substance
BR
11366.5(b) Allowing Location To Be Fortified For
Sale
BR
11366.6 Using Fortified Location For Sale BR
11368 Narcotic Drug: Forging, Altering
Prescription
CR
11370.1 Possession of Specified Controlled MR
22
HEALTH &
SAFETY CODE OFFENSE SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
Substances While Armed With a Loaded
Firearm
11370.4 Conspiracy to Violate Sections 11351,
11351.5, or 11352
BR
11377 Possession of Controlled Substances
With Qualifying Prior Conviction(s)
MR
11377.5 Possession of Controlled Substances
With Intent to Commit Sexual Assault
MR
11378 Possession of Controlled Substances
For Sale
BR
11378.5 Possession or Purchase For Sale Of
PCP
BR
11379 Sale of Controlled Substances BR
11379.5 Sale of PCP BR
11379.6 Manufacture of Any Controlled
Substance
MR
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 Controlled Substance BR
11383 Possession With Intent to Manufacture
PCP
BR
Possession With Intent to Manufacture
Methamphetamine or N-
Ethylamphetamine
BR
Possession With Intent to Sell, Transfer or
Furnish Specified Chemicals to Another
Person Having Intent to Manufacture PCP
BR
Possession With Intent to Sell, Transfer or Furnish Specified Chemicals to Another
Person Having Intent to Manufacture
Methamphetamine or N-
Ethylamphetamine
BR
BUSINESS & PROFESSIONS CODE
BUSINESS &
PROFESSIONS
CODE
OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
22449 Price Gouging in Connection with
Dream Act Applications
BR
23
SENTENCE ENHANCING ALLEGATIONS
PEN. CODE § AMOUNT
GANGS
Any felony for the benefit of a street gang 186.22 $40,000
WEAPONS
Personal Use of a Weapon Other Than
Firearm
Includes §§ 12022(b)(1) and (2) $20,000
Offense Involved Possession/Use/Discharge
of Firearm
Includes §§ 12022(a)(1), (2), 12022(c),
12022(d), 12022.2, 12022.3, 12022.4,
12022.5, and 12022.53(b)
$50,000
Personal Discharge of Firearm Not Causing GBI Includes § 12022.53(c) $200,000
Personal Discharge of Firearm Causing GBI
or Death
Includes §§ 12022.53(d), 12022.55 $1,000,000
MULTIPLE FELONIES INVOLVING FRAUD OR
EMBEZZLEMENT
Aggravated White Collar Crime Enhancement § 186.11 MR
INJURY
Infliction of Great Bodily Injury Includes §§ 236.4, 12022.7, 12022.8,
and 12022.9
$30,000
NARCOTICS
Inducing Another to Commit Large-Scale
Narcotics Offense
Health & Saf. Code, § 11356.5 $30,000
PRIOR CONVICTIONS/SENTENCES
Prior Conviction for Serious/Violent (“Strike”)
or Enumerated Sex Offense
Includes serious/violent offenses listed
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)
$50,000 per prior
Current Serious/Violent (“Strike”) or
Enumerated Sex Offense with Two or More
Prior Convictions for Serious/Violent or Sex
Offenses
Includes serious/violent offenses listed
in §§ 667.5(c), 1192.7(c), and 1192.8,
or circumstances enumerated in §§
667.51(c) and 667.6(b)
$1,000,000
Defendant Served a Prior Prison Term Within the Past Five Years §§ 667.5(a) and (b) $10,000 per prior
OTHER
Felony That is a Hate Crime §§ 422.7, 422.75 $25,000
Specified Offenses Against Victim Over 65,
Under 14, Disabled
Including circumstances enumerated in
§§ 667.9 and 667.10
$25,000
Felony Offense Committed While Any of the
Following Conditions Exist: Felony Charges
Pending Against Defendant, or Defendant on
Parole or Felony Probation, or Probation
Department Supervision
Including but not limited to
circumstances enumerated in §
12022.1
$25,000
Any Enhancement, Not Otherwise Listed in This Schedule, Which Carries a Possible
Term of Life Imprisonment
Includes circumstances enumerated in §§ 667.61, 667.7, 667.71 $1,000,000
24
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 -arraign ment
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 offense 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.
25
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.
2023
MISDEMEANOR 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
TABLE OF CONTENTS
I. PRE-ARRAIGNMENT RELEASE PROTOCOL FOR LAW ENFORCEMENT
Introduction ......................................................................................................................................4
How to Use the Pre-Arraignment Protocol .............................................................................................6
State Codes .......................................................................................................................................9
a. BUSINESS AND PROFESSIONS CODE.........................................................................9
b. FISH AND GAME CODE...............................................................................................9
c. HARBORS AND NAVIGATION CODE ............................................................................9
d. HEALTH & SAFETY CODE ...........................................................................................9
e. PENAL CODE ........................................................................................................... 11
f. PUBLIC RESOURCES CODE ..................................................................................... 23
g. VEHICLE CODE ........................................................................................................ 24
h. WELFARE AND INSTITUTIONS CODE ........................................................................ 33
California Code of Regulations............................................................................................................ 33
Los Angeles County Code................................................................................................................... 33
II. RELEASE CONSIDERATIONS FOR JUDICIAL OFFICERS
How to Use the Schedule................................................................................................................... 34
Arrest Warrants ............................................................................................................................... 34
Determining Financial Conditions of Release at Arraignment or Future Court Proceedings .......................... 34
Penal Code Section 1270.1................................................................................................................. 34
4
I. LOS ANGELES COUNTY MISDEMEANOR 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
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).
5
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.
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
5 Cal. Const., art. I, § 12.
6
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
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
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 5. 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 5. Arrestees must promise to appear in court for arraignment 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
7
in Item 5. 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 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 section 1270.1, persons arrested for designated misdemeanors
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. Financial conditions of release for
those crimes or enhancements are listed as dollar amounts within the protocol.
5. EXCEPTIONS
A. ARRESTEE ON PAROLE OR POST RELEASE COMMUNITY SUPERVISION
(PRCS):
If an arrestee is 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:
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 a non-
financial condition of release 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 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 two or more misdemeanor offenses require financial conditions of release, the
amount shall be set for the offense having the highest amount, except where the
offenses are committed against separate victims or on separate dates, in which
case the financial conditions may be aggregated. Because the arrestee is subject
8
to financial conditions of release, the arrestee will not be referred to a magistrate
for review.
6. 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.
7. GENERAL PROVISIONS
a. Uniform Codes
The following state codes have a single bail amount for all misdemeanor offenses
within that code: Civil Code is $250, Code of Civil Procedure is $250, Education Code
is $250, Election Code is $250, Financial Code is $250, Food and Agriculture Code is
$250, Government Code is $250, Insurance Code is $250, Labor Code is $250, Public
Utilities Code is $1,000, Revenue and Taxation Code is $250, Street and Highways
Code is $100, and Unemployment Insurance Code is $250.
b. Unlisted Misdemeanors
For all offenses chargeable as straight misdemeanors, or as a felony or a
misdemeanor (“wobblers”), under state statutes or municipal or agency ordinances,
for which there is no uniform bail and which are not otherwise provided in this
schedule, including unlisted subdivisions, the bail shall be set at zero dollars ($0) and
the offense designated as CR.
9
BUSINESS AND PROFESSIONS CODE For all violations of the Business and Professions Code, pre-arraignment release protocol is CR
FISH AND GAME CODE For all violations of the Fish and Game Code, pre-arraignment release protocol is CR, except for the following offenses:
SECTION DESCRIPTION PRE-ARRAIGNMENT RELEASE PROTOCOL
2006(a) Loaded Rifle or Shotgun in Vehicle BR
3001 Hunting While Intoxicated BR
3004(a)
(b)
Shooting Near Dwelling
Unlawful Discharge of Firearm, Arrow, or Crossbow Bolt Across a
Public Road
BR
3004.5(a)(1) Use of Unlawful Rifle or Pistol Ammunition
Second or Subsequent Offense BR
4370 Carry Gun During Archery Season BR
HARBORS AND NAVIGATION CODE
(See also Harbors - Title 19, Los Angeles County Code)
For all violations of the Harbors and Navigation Code, pre-arraignment release protocol is CR
HEALTH AND SAFETY CODE
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
7114 Autopsy Without Authorization BR
+
Ct.
7208 Unlawful Use, Sale or Disposal of Body BR
+
Ct.
11100(g) Sale/ Transfer/ Possession of Specified Chemicals Second or
Subsequent Offense BR
11107.1 Sale/ Purchase of Specified Substances Second or Subsequent
Offense BR
11153 Controlled Substance: Unlawful Prescription CR
Ct. 11162.6 Counterfeits/ Possesses/ Obtains Under False Pretenses or
Fraudulently Produces a Controlled Substance Prescription Form CR
11164 Controlled Substance: Unlawful Prescription Execution/ Content CR
CR
Ct.
11215 Unlawful Administration of Narcotics CR
CR
Ct
11350 Illegal Possession of Specified Controlled Substances CR
Ct.
11352.1 Dispense or Provide Dangerous Drug or Device CR
11357.5(b)(1)
(b)(2)
(b)(3)
Use/Possession of Synthetic Cannabinoid Compound/Derivative
Second Offense
Third or Subsequent Offense
CR
11362.81(a)(1)
(a)(2)
Medical Marijuana Program - Violation of Specified Provisions
Second Offense
CR
11364.1 Possession of Opium Pipe, Drug Paraphernalia CR
10
HEALTH AND SAFETY CODE
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
11366 Maintenance of Place for Disposal of Narcotics CR
11375.5(b)(1)
(b)(2)
(b)(3)
Use/Possession of Synthetic Stimulant Compound/Derivative
Second Offense
Third or Subsequent Offense
CR
11377 Possession of Controlled Substance CR
11550 Use or Under the Influence of Controlled Substance CR
12761 Possession of Flamethrowing Device Without Permit CR
13002 Littering of Flaming or Glowing Substance CR
105256 Refuse to Obey Order Regarding Lead Hazard:
Second Offense
CR
108240-108290 Hazardous Substances Act Violations CR
108800-108810 Label Requirements for Containers CR
110390 Disseminate False Advertisement of Food, Drug, Device or
Cosmetic CR
110395 Manuf acture, Sell, Deliver, Hold or Offer for Sale Any Food, Drug,
Device or Cosmetic That Is Falsely Advertised CR
110403(a-an) Advertise Drug/ Device To Have Effect Upon Specified Conditions CR
110423.2 Sale/ Transfer/ Furnish a Dietary Supplement Containing
Ephedrine Group Alkaloids to a Minor CR
110620 Manuf acture, Sell, Deliver, Hold or Offer for Sale Any Adulterated
Food CR
110625 Adulteration of a Food CR
110760 Manuf acture, Sell, Deliver, Hold or Offer for Sale Any
Misbranded Food CR
110765 Misbranding a Food CR
110775 Alter, Mutilate, Destroy, Obliterate or Remove Label or Labeling
Resulting in Misbranded Food CR
110960 Hold or Display Any Potentially Hazardous Food Above 45 Degrees
Fahrenheit CR
111295 Manuf acture, Sell, Deliver, Hold or Offer for Sale Any Drug or
Device That Is Adulterated CR
111300 Adulteration of a Drug or Device CR
111550 Sell, Deliver or Give Away New Drug or Device Without Approval by
Department CR
111615 Manuf acture a Drug or Device Without a License CR
Ct.
111765 Manuf acture or Sell a Misbranded Cosmetic CR
Ct.
111865 Remove, Sell or Dispose of a Detained or Embargoed Food, Drug,
Device or Cosmetic Without Department Permission CR
112075 Clean, Sterilize and Resell Reusable Bottles Without a License CR
Ct.
112400 Operating a Cold Storage or Refrigerating Warehouse Without a
License CR
112505 Operate a Frozen Food Locker Plant Without a License CR
Ct.
112550 Failure to Maintain Legal Temperature Limits in a Frozen Food
Locker Plant CR
115215 Radiation Control Law CR
Ct.
120280 Refusal to Cooperate with Local Health Officer Quarantine MR
Ct. 120290 Willful Exposure to Disease MR
Ct.
PENAL CODE
11
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
69 Obstruct/ Resist Public Official by Threats/ Violence MR
71 Threaten Injury to Public Official MR
76 Threaten Death/ Great Bodily Injury to Public Official or Judge MR
95.1 Threaten Juror MR
96.5 Obstruction of Justice by Judicial Officer, Commissioner, Referee CR
112 Manuf acture False Government Documents to Conceal
Citizenship CR
131 Misrepresentation in Connection with an Investigation into Specified Corporate Misconduct CR
135.5 Alter or Destroy Evidence in a Public Safety Officer Disciplinary
Proceeding CR
136.1(a,b) Witness Intimidation or Tampering MR
139 Felon Threatening Witness CR
140 Threaten Witness, Victim or Informant CR
141(a) Alter, Plant, Modify, etc. Evidence CR
146g(a-b)
(c)
Disclose or Solicit Information for Financial Gain
Disclose or Solicit Unauthorized Photograph or Video
CR
148(a)(1) Interfere With a Police Officer CR
(a)(2) Interfere, etc., With Transmission of Communication Over a Public BR
BR
Safety Radio Frequency (b) Taking Weapon From a Police Officer (Non-Firearm) BR (d) Attempted Taking of Firearm from Police Officer MR
148.1 Make a False Bomb Report CR
148.2 Interfere With Emergency Personnel CR
148.4 Tamper With Fire Alarm, Equipment or False Alarm CR
148.5 Making a False Report CR
148.9 Falsely Representing Self as Another Person to a Peace Officer CR
149 Officer Unnecessarily Assaulting or Beating any Person MR
151(a)(1) Advocate Killing/ Injuring Peace Officer CR
152 Conceal or Attempt to Conceal an Accidental Death CR
152.3 Failure to Notify Peace Officer if Observed Commission of Murder,
Rape or Lewd or Lascivious Act by Force or Menace Against a
Child Victim Under 14 Years of Age
CR
166(a)(4) Willful Disobedience of Terms as Written of Any Process or Court MR Order or Out-of-State Court Order (a)(9) Willful Disobedience of Terms of Any Injunction that Restrains the MR Activities of a Street Gang MR (c)(1) Contempt of Court – Violation of Protective Order MR (c)(2) Contempt of Court – Violation of Protective Order With Injuries MR
171c/ 171d Bring or Possess Loaded Firearms in Specified Offices CR
171.5 Possession of Weapon Within Sterile Area of Airport CR
171.7 Possession of Weapon Within Sterile Area of Public Transit Facility CR
186.22 Participation in Criminal Street Gang Activity MR
186.28 Supply, Sell, Give Firearm Used in Felony by Criminal Street Gang
Member MR
PENAL CODE
12
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
191.5(b) Vehicular Manslaughter While Intoxicated Without Gross
Negligence MR
192(c)(1-2) Vehicular Manslaughter MR
192.5(b-d) Vehicular Manslaughter While Operating a Vessel MR
217.1(a) Assault on Public Official or Immediate Family of Public Official MR
236 False Imprisonment BR
241 Assault BR
241.5 Assault Committed Against Highway Worker BR
241.8 Assault on Member of United States Armed Forces BR
243(a) Battery BR (b) Battery on Peace Officer/ EMT/ Firefighter, etc. MR
(c)(1) Battery on Custodial Officer/ EMT/ Firefighter, etc. With Injury MR (c)(2) Battery on Peace Officer with Injury MR
(d) Simple Battery with Serious Bodily Injury MR
(e) Domestic Battery Without Traumatic Injury $20,000 + Ct.
243.2 Battery on School, Park, Hospital Property BR
243.25 Battery Against Elder or Dependent Adult MR
243.3 Battery on Transit Personnel or Passenger BR
243.4 Sexual Battery MR
243.6 Battery on School Employee BR
243.65 Battery Against Highway Worker BR
243.7 Battery Against a Juror MR
243.9 Aggravated Battery by Gassing Peace Officer or Employee of
Detention Facility MR
243.10 Battery Against Member of United States Armed Forces MR
245(a)(1) Assault With a Deadly Weapon MR
(a)(2) Assault With a Firearm MR
CR
(a)(4) Assault With Force Likely to Produce G.B.I. MR
245.6(c) Hazing Without Serious Bodily Injury BR
(d) Hazing Resulting in Death or Serious Bodily Injury MR
246 Shooting at an Occupied Dwelling/ Vehicle MR
246.3 Grossly Negligent Discharge of Firearm or BB Device MR
247(b) Shooting at an Unoccupied Dwelling/ Vehicle MR
247.5 Malicious Discharge of Laser at Occupied Aircraft MR
248 Interfere With Operation of Aircraft MR
261.5(b)
Unlawful Sexual Intercourse with Minor CR
B (c)
(d) More than three years younger than perpetrator
Unlawful Sexual Intercourse by Defendant Over 21 With Person BR
MR
Under 16 years, perpetrator over 21
270 Willful Failure to Provide for Minor Child CR
270.6 Leave State with Intent to Avoid Spousal Support CR
271/ 271a Fail to Maintain Child Under 14 Years CR
PENAL CODE
13
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
272(a)(1) Contribute to the Delinquency of a Minor CR
(b)(1) Communicate With or Contact Minor for Luring or Transporting CR
Minor Away from Home
273a(a) Child Endangerment with Risk of Great Bodily Injury or
Death MR
(b) Child Endangerment Without Risk of Great
Great Bodily Injury or Death MR
273d Cruel or Inhuman Corporal Punishment or Traumatic Injury Upon a
Child MR
273i Publish Information with Intent that Another Use the Information to
Commit Crime Against a Child MR
273.5 Domestic Battery with Traumatic Injury $30,000
273.6(a) Violation of Protective Order 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
$30,000
(b) Violation of Protective Order with Injuries $30,000 273.65
Violation of Dependency Protective Order
MR
273.7 Malicious Disclosure of Trafficking Shelter or Domestic Violence
Shelter Location MR
278 Child Abduction Without Right of Custody MR
278.5 Child Abduction Depriving Custody or Visitation Right BR
280 Child Concealment BR
286(b)(1) Sodomy With Minor Under 18 Years MR
287(b)(1) Oral Copulation with a Minor MR
288(c)(1) Lewd/ Lascivious Act on Child of 14 or 15 Years MR
(c)(2) Lewd/ Lascivious Act on Dependent Person by Caretaker MR
288.2(a)(1)
(a)(2)
Distributes, etc. Harmful Matter Depicting a Minor Engaging in
Sexual Conduct with Intent to Seduce
Harmful Matter Not Depicting a Minor Engaged in Sexual Conduct
BR
BR
288.4(a)(1) Arrange Meeting With Minor For Purpose of Exposing or Procuring
Sexual Exposure or Engaging in Lewd Act BR
289(c) Penetration With Foreign Object of Mental Patient by Patient BR
(h) Assist Penetration Act Upon Minor with Foreign Object MR 289.5 Flee to California to Avoid Prosecution for Sex Offenses MR
289.6(a)(2-3) Sexual Activity, as Specified, With Person Confined in Public or
Private Detention Facility BR
290 Failure of Convicted Sex Offender to Register BR
290.46(j)(1) Use Information Disclosed on Sex Offender Internet Web Site to BR Commit a Misdemeanor (k) Sex Offender Prohibited from Entering Sex Offender Internet Web MR Site
290.95(a,b) Failure to Disclose Sex Offender Status upon Application or BR Acceptance of Position Involving Minors (c) Prohibition on Registered Sex Offender Working with Minors BR
PENAL CODE
14
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
299.5(1)(A)
(1)(B)
Knowingly Use or Disclose Offender Sample or DNA Profile to an
Unauthorized Person/Agency for Unauthorized Purpose
Knowingly and for Financial Gain Use Offender Sample or DNA
Profile for Unauthorized Purpose or Disclose DNA or Other Forensic Identification Information to Unauthorized Person/ Agency
for Unauthorized Purpose
BR
308.1 Import/ Distribute/ Offer to Sell/ Sell to an Unauthorized Person or
Business a Tobacco Product Known as "Beedies" or "Bidis" BR
311.1 Sale/ Distribution of Obscene Matter Depicting a Minor BR
311.2 (a) Production/ Distribution/ Exhibition of Obscene Matter BR
311.3 Sexual Exploitation of Child MR
311.4 Employment of Minor in Sale/ Distribution of Obscene Matter or
Production of Pornography MR
313.1(a-c) Distribute Harmful Matter to Minor BR
314(1) Indecent Exposure MR
330 Gambling (12 specified games or where there exists a "bank") CR
332 Theft by Trick or Device
CR
337a
(b)
(c)
Bookmaking
Second Offense
Third or Subsequent Offense
CR
BR
BR
337j Controlled Game CR
337u Engage in Acts of Cheating in Gambling Games CR
337v Use or Possess Device that Assists in Gambling CR
337w Use of Counterfeit Wagering Instruments CR
337x Cheat in a Gambling Establishment CR
337y Manuf acture or Sell Prohibited Device / Mark or Alter Gaming
Device / Instruct Another in Cheating
CR
347(b) False Report of Poisoning food, drink, medicine, pharmaceutical
product, or water CR
368(b)(1)
(c)
(d)
(e)
Elder Abuse with Risk of Great Bodily Injury, Inflicting Pain
Elder Abuse without Risk of Great Bodily Injury, Inflicting Pain
Second Offense
Theft/ Embezzlement, etc. of Elder by Non-caretaker
With Value Not Exceeding $950
With Value Exceeding $950
Theft/ Embezzlement, etc. of Elder by Caretaker
with Value Not Exceeding $950
with Value Exceeding $950
BR
CR
MR
CR
CR
CR
CR
CR
PENAL CODE
15
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
369g Drive On or Along Railroad Track or Right of Way CR
369i Trespass on Railroad Property CR
374c Shooting on a Public Highway CR
374.2 Malicious Discharge of Toxic Waste Without Permit CR
374.3(a,b)
(h)
Dump or Deposit Waste, Rocks or Dirt on Roads or Highways
Dump or Deposit Waste in Commercial Quantities
CR
CR
374.7 Littering of Waste in Waters CR
375 (a) – (c) Discharge of Noxious/ Injurious Substance CR
379 Sale, etc. Salvia Divinorum or Salvinorin A to a Minor CR
381c Sell or Furnish a Device or Receptacle Containing Nitrous Oxide
to a Minor CR
399(b) Keep Mischievous Animal That Causes Serious Bodily Injury CR
399.5 Owner/ Custodian of Dog Trained to Fight, Attack or Kill That
Inflicts Substantial Physical Injury or Bites a Human Being on Two
Separate Occasions
MR
402 Interfere With Emergency Personnel BR
404.6(a)
(c)
Incitement to Riot
Incitement to Riot in Prison or Jail, With Serious Bodily Injury BR
BR
405 Rioting BR
409 Fail to Disperse from Riot BR
409.5 Authority of Peace Officers to Close Disaster Area BR
416 Assembly for Purpose of Disturbing the Peace CR
417(a)(1) Brandishing a Deadly Weapon MR
(a)(2) Brandishing a Firearm MR
(b) Brandishing a Firearm at a Daycare Center MR (c) Brandishing a Firearm in the Presence of a Peace Officer MR
417.25 Aim or Point a Laser Scope or Pointer at a Person in a
Threatening Manner BR
417.26 Aim or Point a Laser Scope or Pointer at a Peace Officer with
Specific Intent to Cause Apprehension or Fear of Bodily Harm BR
417.4 Brandishing a Fake Firearm BR
417.6 Brandishing A Deadly Weapon or Firearm with Serious Bodily
Injury MR
422 Criminal Threats MR
422.4 Publish Information with Intent that Another Use the Information to
Commit A Violent Crime Against an Academic Researcher BR
422.6 Interference With Civil Rights BR
422.7 Aggravated Interference with Civil Rights BR
422.77 Violate Order for Injunctive Relief for Interference with a Person's
Free Exercise of a Legal Right or Privilege BR
PENAL CODE
16
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
423.2(a) By Force, Threat of Force or Physical Obstruction That Is a Crime
of Violence, Attempt to or Intentionally Injure, Intimidate or Interfere
With a Reproductive Health Services Client, Provider or Assistant
MR
423.2(b) By Force, Threat of Force, or Physical Obstruction That Is a Crime
of Violence, Attempt to or Intentionally Injure, Intimidate or Interfere
With a Person's Lawful Exercise of Religious Freedom at Place of
Religious Worship
Second Offense
MR
MR
423.2(c) By Nonviolent Physical Obstruction, Attempt to or Intentionally
Injure, Intimidate or Interfere With a Reproductive Health Services
Client, Provider or Assistant, or Intimidate Persons/ Entities From
Becoming or Remaining the Same
Second Offense
BR
BR
423.2(d) By Nonviolent Physical Obstruction, Attempt to or Intentionally
Injure Person's Lawful Exercise of Religious Freedom at Place of
Religious Worship
Second Offense
BR
BR
423.2(e) Intentionally Damage/ Destroy Property of a Reproductive
Services Client, Provider, Assistant or Facility
Second Offense
BR
MR
423.2(f) Intentionally Damage/ Destroy the Property of a Place of Religious
Worship
Second Offense
BR
MR
452 (a)
(b)
(c)
Recklessly Causing a Fire with Great Bodily Injury
Recklessly Causing a Fire, Inhabited Structure
Recklessly Causing Fire, Structure or Forest Land
MR
MR
MR
459 Burglary BR
459.5 Shoplifting If Value Does Not Exceed $950 and No Disqualifying
Prior Conviction(s) BR
463 Petty Theft During a State of Emergency or Local Emergency or
Under Evacuation Order MR
468 Knowingly Buy or Sell Sniperscope BR
470(d) Forgery of an Instrument Listed in 473(b) If Value Does Not Exceed
$950 CR
475 Forged Bills or Notes, Possession or Receipt If Value Does Not
Exceed $950 CR
476 Fictitious Checks, Making, Uttering If Value Does Not Exceed $950 CR
476a N.S.F. Checks with Aggregate Total That Does Not Exceed $950 CR
483.5(b) Possess Document-Making Device with Intent to Defraud CR
488 Petty Theft CR
487(a), (b) Petty Theft, Not Qualifying as Shoplifting, If Value Does Not
Exceed $950 and No Disqualifying Prior Conviction(s) CR
487a Petty Theft of Horse or Other Livestock If Value Does Not Exceed
$950 and No Disqualifying Prior Conviction(s) CR
PENAL CODE
17
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
487b & 487c Petty Theft – Conversion of Real Property If Value Does Not
Exceed $950 and No Disqualifying Prior Conviction(s) CR
487d Petty Theft of Gold Dust, Amalgam or Quicksilver If Value Does
Not Exceed $950 and No Disqualifying Prior Conviction(s) CR
487f Petty Theft of Companion Animal If Value Does Not Exceed $950 CR
487g Petty Theft of Animal for Purpose of Sale, Medical Research,
Slaughter or Other Commercial Use If Value Does Not Exceed
$950 and No Disqualifying Prior Conviction(s)
CR
487h Petty Theft of Cargo If Value Does Not Exceed $950 and No
Disqualifying Prior Conviction(s) CR
487i Defraud a Housing Program of a Public Housing Authority If Loss
Does Not Exceed $950 and No Disqualifying Prior Conviction(s) CR
487j Petty Theft of Copper Materials If Value Does Not Exceed $950
and No Disqualifying Prior Conviction(s) CR
490.4(a)(1-3)
(a)(1-3)
(a)(4)
Retail Theft Committed on 2 or More Separate Occasions Within
12-Month Period and Aggregated Value Exceeds $950
Retail Theft Committed in a Manner Not Described Above
Retail Theft Committed by Recruiting, Coordinating etc. Another to
Undertake Specified Acts
CR
CR
CR
496 Receiving Stolen Property with Value Less Than $950 CR
With Value Exceeding $950
496d Purchase, Receive, Sell, Stolen/ Extorted Vehicles, Vessels or
Equipment CR
502(c)(1-5) Unlawful Computer Access, Data Usage, Data Damage, Deletion
or Alteration, Nonpermitted Use of or Disruption/ Denial of
Computer Services
BR
502(c)(8) Unlawful Introduction of Contaminant into Any Computer System/
Network BR
502(c)(10) Disruption of Government Computer System/ Denial/ Causing the
Denial of Services BR
502(c)(11) Add, Alter, Damage, Delete or Destroy Any Data, Computer
Software or Computer Programs Associated with a Public Safety
Infrastructure Computer, System Network
BR
502(c)(12) Disruption of Public Safety Infrastructure Computer or Denial or
Causing the Denial of Services BR
502(c)(14) Introduce Computer Contaminant into Public Safety Infrastructure
Computer/ System/ Network BR
502.6 Possession or Use of Scanning/ Reencoder Device to Access,
etc. Information Encoded on Payment Card with Intent to Defraud CR
528.5 Impersonate Another Person on an Internet Web Site for the
Purpose of Harming Another Person BR
529.7 Obtaining False DMV-Issued Documents CR
530.5 Misuse of Personal Information CR
PENAL CODE
18
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
532b(c)(1)
(c)(2)
Fraudulently Represent Self as Having Been Awarded Military
Decoration with Intent to Obtain Tangible Benefit
Veteran Fraudulently Represent Self as Having Been
Awarded Military Decoration with Intent to Obtain Tangible
Benefit
CR
CR
532d False Statement in Soliciting for Charitable Purpose CR
532f Mortgage Fraud CR
538c Insert Unauthorized Advertisement into Newspaper for
Redistribution CR
538d(a) Fraudulent Use of Uniform, Insignia, Emblem, Device, Label BR
BR
BR
Certificate, Card or Writing of Peace Officer or Impersonation of Peace Officer by Internet or Other Electronic Means
(b)(1-2) Fraudulent Use of Peace Officer's Badge
(c) Unlawful Wearing, Using, Making, Selling, Loaning, Giving or
Transferring of Peace Officer's Badge, etc.
538e Fraudulent Impersonation of a Member of Fire Department or
Officer of the State Fire Marshal or Impersonation of Member or
Officer by Internet or Other Electronic Means
CR
538g Fraudulent Impersonation of Public Officer or Employee or
Impersonation by Internet or Other Electronic Means BR
538h Fraudulent Impersonation of a Government Agency Search and
Rescue Unit/Team Officer/Member BR
591.5 Destruction of Wireless Communication Device to Prevent
Summoning Law Enforcement BR
594(b)(1) Vandalism, Damage of $400 or More BR
CR
BR
(b)(2)(A) Vandalism, Less Than $400 Damage
(b)(2)(B) Vandalism, With a Prior Conviction and Less Than $400 Damage
594.3(a) Vandalism of a Place of Worship or Cemetery CR
594.35 Vandalism of Cemetery Grave Markers and Buildings or Interference with Funerals or Interments CR
594.37 Picketing at a Funeral CR
594.39 Obstructing, Intimidating, or Harassing Persons at Vaccination
Sites CR
597.6 Declaw Exotic or Native Wild Cat CR
597b (a) – (b)
(c)
Animal Fighting or Cockfighting
Second or Subsequent Offense CR
BR
597c Spectator at Animal Fighting Exhibition CR
597i Manuf acture/ Buy/ Sale/ Possess Gaffs or Slashers
BR
597j Own/ Possess/ Train Any Bird or Animal for Fighting Exhibition
CR
597.7 Confine Animal in Unattended Motor Vehicle CR
599f Prohibitions Against Nonambulatory Animals CR
600.2(c) Injury or Death of Guide, Signal or Service Dog Caused by Reckless
Disregard in Exercising Control of Another Dog
CR
PENAL CODE
19
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
600.5(a) Intentionally Cause Injury to or the Death of Guide, Signal or
Service Dog CR
601 Trespass With Credible Threat BR
602(h)
Trespass Upon Land Whereon Animals are Being Raised for Human Consumption BR
602(k) Trespass to Injure Property/ Interfere with Business CR
602(o) Refusal to Leave Private Property CR
602(q) Refusal to Leave Public Building
CR
602(u)(2)(A) Enter Restricted Area of Any Airport Operations Area / Passenger
Vessel Terminal / Public Transit Facility: Second or Subsequent
Offense
:
BR
602(u)(2)(B) Refusal to Leave Restricted Area of any Airport / Passenger
Vessel Terminal / Public Transit Facility After Request BR
602(v)(1) Avoid Inspection When Entering Sterile Area of Airport / Passenger Vessel Terminal / Public Transit Facility: Second or
Subsequent Offense
MR
602(v)(2) Avoid Inspection When Entering Sterile Area of Airport that Causes
Delays / Cancellations of Scheduled Flights BR
602(w) Trespass to Battered Women’s Shelter CR
602(x)(2)(B) Refusal to Leave Neonatal Unit After Request to Leave CR
602(x)(2)(C) Refusal to Leave Neonatal Unit After Request to Leave: Second or
Subsequent Offense BR
602(y) Avoid Inspection When Entering Courthouse or Other
Governmental Building CR
602.1 Intentional Interference with Business CR
602.5(a)
(b)
Unauthorized Entry of Dwelling
Aggravated Trespass CR
602.9 Rent Skimming CR
602.12 Trespass on Residential Property of an Academic Researcher for
Purpose of Chilling Academic Freedom CR
602.13 Unlawful Entry into an Animal Enclosure at a Zoo or Circus CR
626.2 Unauthorized Reentry to School After Suspension or Expulsion with
Prior or 415.5 Conviction
CR
626.6 Entry to Campus to Disrupt with Prior or 415.5 Conviction CR
626.7 Failure to Leave Campus
With Prior or 415.5 Conviction CR
BR
20
PENAL CODE
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
626.8(a)(1-3)
(a)(4)
School Disruption
With Prior or 415.5 Conviction
With Intent to Threaten Physical Safety of a Pupil
CR
BR
626.81 Sex Offender on Campus with Prior BR
626.85 Drug Offender on Campus with Prior or 415.5 Conviction CR
626.9 (f)(2)(B) Possession of a Firearm on Within 1,000 Feet from School
Grounds MR
626.95 Firearm or Deadly Weapon on Playgrounds or Youth Centers MR
626.10 Possession of Dangerous Weapon on School grounds BR
637.7 Unlawful Use of Electronic Tracking Device CR
637.9 Prohibited Activities of List Broker re Personal Information of
Minors CR
638.51(a) Unlawful Use of Pen Register CR
640(c)(1-3) Evade Payment of Fare, Misuse Fare Media, or Misuse of
Discount Fare: Third or Subsequent Offense
CR
640(d)(1-5) Willfully Disturb Others, Carry Explosive or Hazardous Substance,
Urinate / Defecate, Willfully Block Free Movement of Another
Person on or in a System Facility, or Willfully Tamper with or
Destroy Any Part of Any Facility or Vehicle of a Transportation
System
CR
646.9 Stalking $50,000
647(b) Solicit or Engage in Prostitution
With Pending 647(b) Charges
BR
647(c) Accosting Others in Public to Beg/Soliciting Alms CR
647(e) Lodging Without Permission CR
647(f) Public Intoxication CR
647(h) Prowling/ Loitering/ Wandering on Private Property CR
647(i) While Loitering/ Prowling/ Wandering Upon Private Property, Peek
in the Door or Window of an Inhabited Building
Second or Subsequent Offense
BR
MR
647(j)(1) View by Means of an Instrumentality into Private Area
Second or Subsequent Offense
BR
BR
(j)(2) Use Concealed Camcorder or Camera of Any Type to Secretly
Tape, Film, Photograph Under/ Through the Clothing of a Person
with Intent to Arouse
BR
(j)(3) Use Concealed Camcorder or Camera of Any Type to Secretly
Tape, Film, Photograph in the Interior of a Bedroom, etc. With Intent
to Invade Privacy of Another
With Prior Conviction of 647(j)
CR
BR
(j)(4) Distribute Private Image of Intimate Body Part(s) of Another
Second or Subsequent Offense CR
PENAL CODE
21
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
647(l) Solicit or Engage in Prostitution with a Minor
With Pending 647(b) or 647(l) Charges BR
647.6 Child Molestation/ Annoying BR
647.9 Capture of Photographic Image of Deceased Person by First
Responder CR
653b(a)
(b)
(c)
Loitering About School Grounds
Sex Offender Loitering About School Grounds with Prior
Registered Gang Member Loitering About School Grounds
CR
BR
BR
653c Sex Offender Entry onto the Grounds of Day Care or Residential
Facility for Elders Without Registering with Facility Administrator
With Prior
BR
MR
653f(a)
(d)
Solicitation of Certain Felonies
Solicitation of Drug Offenses
CR
CR
653m Make Annoying Telephonic or Electronic Contact CR
653y(b)
Knowing Misuse of 911 Emergency System for Purpose of
Harassment: Second or Subsequent Offense
BR
653y(c) Knowing Misuse of 911 Emergency System for Purpose of
Harassment as Hate Crime CR
653z Operate Recording Device in Motion Picture Theater CR
653aa Electronically Disseminate a Commercial Recording or Audiovisual
Work CR
653.2 Electronically Distribute Personal Identifying Information to Incite
Unlawful Action CR
653.23 Supervise/ Recruit/ Aid Person in Committing an Act of Prostitution CR
CR 666 Petty Theft with Prior Conviction CR
853.7 Willful Violation of Promise to Appear
CR
1203.2 Warrantless Probation Violation Arrest MR
1299.11 Noncompliance with the Bail Fugitive Recovery Persons Act BR
1320 Willful Failure to Appear After Release on Own Recognizance BR
3003.5 Residing With Another Required to Register as Sex Offender CR
3003.6 Sex Offender Residing, Working or Volunteering in Facility/Home
that Provides Foster Care or is a Placement for a Dependent Child CR
3010.10 Removal of Electronic, GPS or Other Monitoring Device by One
Required to Register as Sex Offender CR
4501.1 Aggravated Battery by Gassing Officer or Employee of Prison BR
4532 Escape From Jail, Prison, Industrial Farm, Alternative Custody
Program, etc. MR
4550 (b) Rescue of Prisoner CR
4570 Communication With Prisoner CR
4570.5 Fraudulent Entry into Correctional Institute CR
22
PENAL CODE
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
4575 (d) Possession of Handcuff Key by Inmate CR
4576 Possession of a Wireless Communication Device w/ Intent to
Deliver to an Inmate CR
11166.01(b) Willful Failure of Mandated Reporter to Report Abuse Where
Abuse Results in Death or Great Bodily Injury CR
11411 Burn or Desecrate Religious Symbol or Hang Noose at School or
on Private Property of Another CR
17510(a)(1) Carrying Concealed Firearm on Person or in Vehicle While CR
MR
MR
Picketing
(a)(2) Carrying Loaded Firearm on Person or in Vehicle While Picketing
(a)(3) Carrying Deadly Weapon While Picketing
18205 Possession of Firearm or Ammunition in Knowing Violation of TRO CR
18710 Possession of Destructive Device CR
18735 Sale, Possession or Transport of Fixed Ammunition - Caliber
Greater Than .60 Caliber CR
19200 Manuf acture, Sale, Possession, etc., Metal Military Practice Hand
grenade: Second Offense or Gang-Member
CR
19910 Sale of BB Device, Air or Gas-operated Gun to Minor BR
19915 Furnishing BB Device, Air or Gas-operated Gun to Minor CR
20310 Manuf acture, Sale, Possession, etc., Air Gauge Knife CR
20410 Manuf acture, Sale, Possession, etc., Belt Buckle Knife CR
20510 Manuf acture, Sale, Possession, etc., Cane Sword CR
20610 Manuf acture, Sale, Possession, etc., Lipstick Case Knife CR
20710 Manuf acture, Sale, Possession, etc., Shobi-zue CR
20810 Commercially Manufacture/ Import/ Export/ Sale Knives Not
Detectable by a Metal Detector CR
20910 Manuf acture, Sale, Possession, etc., Writing Pen Knife CR
21110 Manuf acture, Sale, Possession, etc., Ballistic Knife CR
21710 Commercially Manufacture/ Import/ Sale Composite Knuckles or
Hard Wooden Knuckles CR
21810 Manuf acture, Sale, Possession, etc., Metal Knuckles CR
22010 Manuf acture, Sale, Possession, etc., Nunchaku CR
22210 Manuf acture, Sale, Possession, etc., Leaded Cane, Billy,
Blackjack, Sandbag, Sandclub, Sap or Slungshot CR
22410 Manuf acture, Sale, Possession, etc., Shuriken CR
22900 Sale, Possession, etc. Tear Gas Weapon CR
23920 Purchase/Sale/Possession/Transfer Unmarked Firearm CR
24310 Manuf acture, Sale, Possession, etc., Camouflaging Firearm
Container CR
24410 Manuf acture, Sale, Possession, etc., Cane Gun CR
24510 Manuf acture, Sale, Possession, etc., Firearm Not Readily
Recognizable as a Firearm CR
24610 Manuf acture, Sale, Possession, etc., Undetectable Firearm CR
24710 Manuf acture, Sale, Possession, etc., Wallet Gun CR
25850 Carrying a Loaded Firearm in Public MR
PENAL CODE
23
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
25100(a) Criminal Storage of Firearm of First Degree CR
CR
CR
(b)
(c)
Criminal Storage of Firearm of Second Degree
Criminal Storage of Firearm of Third Degree
25200(a) Keep Concealable Firearm, Loaded or Not, Within Premises BR
BR
Under Custody/ Control, With Knowledge That Child Under 18 Is
Likely to Access, and Child Carries It Off Premises
(b) Concealable Firearm Kept on Any Premises Under Custody/
Control With Knowledge That Child Is Likely to Access, and Child
Carries It to School or School-sponsored Activity, as Specified
25400 Carrying a Concealed or Concealable Firearm BR
26350 Openly Carrying an Unloaded Handgun in a Public Place, Street,
or Vehicle BR
26400 Carrying Unloaded Firearm on Person Outside of Vehicle BR
27535 Application to Purchase Within Any 30-day Period More Than One
Pistol, Revolver, or Firearm Capable of Being Concealed Upon the
Person Prohibited: Third or Subsequent Offense
MR
28215 Falsify Firearm Purchaser Information BR
29010 License Requirements for Firearm Manufacturer CR
29525 Falsify Information on An Entertainment Firearms Permit CR
29805 Possession of a Firearm by Person Convicted of Specified
Misdemeanor or Has Knowledge of an Outstanding Warrant
MR
29815 Possession of a Firearm by Person Prohibited by Probation
Condition MR
29820 Possession of a Firearm by Person Adjudged Ward of Court for
Specified Offense MR
29825 Purchase/Receipt/Ownership/Possession of Firearm by Person
Prohibited by TRO, Injunction, or Protective Order MR
30105(h) Require Firearms Eligibility Check CR
30210 Manuf acture, Sale, Possession, etc., Ammunition with Flechette
Dart or Bullet With Explosive Agent CR
31500 Manuf acture, Sale, Possession, etc., Unconventional Pistol BR
32310(a) Manuf acture, Sale, , etc., Large Capacity Magazines BR
32311 Manufacture, Sale, , etc., Large Capacity Magazine Conversion Kits BR
32900 Manuf acture, Sale, Possession, etc., Multiburst Trigger Activator CR
33215 Manuf acture, Sale, Possession, etc., Short-barreled Shotgun or
Rifle CR
33600 Manuf acture, Sale, Possession, etc., Zip Gun CR
33850 Furnish Fictitious Name or Information to Obtain Possession of
Firearm in Control of Court or Law Enforcement Agency CR
PUBLIC RESOURCES CODE For all violations of the Public Resources Code, pre-arraignment release protocol is CR
24
VEHICLE CODE
GENERAL PROVISIONS
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
20 False Statements CR
31 False Statements to Peace Officer CR
DIVISION 2 – ADMINISTRATION
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
1808.45 Unauthorized Disclosure of DMV Records CR
Ct. 2468(a) Failure of Licensed Renderer to Keep Written Records of
Ct. Inedible Kitchen Grease CR
(b) Refusal of Licensed Renderer or Registered Transporter to
Exhibit Required Record or Destruction of Required Record
2800(a) Refusal to Obey Peace Officer BR
(b) Refusal to Comply With Peace Officer’s Out-of-Service Order
(c) Refusal to Comply With U.S. Secretary of Department of Transportation's Out-of-Service Order
2800.1(a,b) Fleeing Peace Officer Prohibited MR
2800.2(a) Evade Peace Officer - Disregard for Safety MR
2800.3 Evade Peace Officer - Causing Death or Great Bodily Injury MR
2800.4 Driving Opposite to Direction of Lawfully Moving Traffic While
Fleeing Peace Officer MR
2801 Refusal to Obey Firefighter Prohibited CR
2803(a) Refusal to Adjust Unsafe or Unlawful Load BR
(b) Failure to Submit Weight Certificate or Bill of Lading to Officer 2813 Commercial Vehicle Inspection CR
2813.5 (b) Use or Issuance of Unauthorized Inspection Stickers CR
DIVISION 3 – REGISTRATION
SECTION DESCRIPTION PRE-ARRAIGNMENT RELEASE PROTOCOL
4461(b) Unlawful Lending/Use of Disabled Person Placard CR
(c) Unlawful Display of Disabled Person Placard (d) Unlawful Use of Special Identification Plate
4462.5 Unlawful Display of Evidence of Registration With Intent to
Avoid Compliance CR
4463(b)(1-3),(c)
Unlawful Forgery, Passing, Possession, Sale or Display of
Disabled Person Placard With Fraudulent Intent
CR
5506 Resell/ Transfer of Total Loss Salvage Vehicle CR
5753(a-d)
(f)
Failure of Commercial Dealer to Deliver Certificate of
Ownership and Registration Card to Transferee
Failure of Licensed Dealer Upon Written Request to Disclose
Pertinent Information
CR
VEHICLE CODE
25
DIVISION 3 – REGISTRATION
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
5901 Notice by Dealer, etc. of Transfer or Mileage CR
8802 Failure to Return Evidence of Registration to DMV Upon
Cancellation, Suspension, or Revocation When Committed With Intent to Defraud
CR
8804 Resident Registering Vehicle in Foreign Jurisdiction CR
DIVISION 3.5 – VESSELS
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
9872 Defacing, Destroying or Altering Hull Identification Number CR
+ Ct. 9872.1(a) Knowingly Buy, Sell or Possess Altered/ Destroyed Hull
Identification Number CR
DIVISIONS 4 AND 5 - ANTITHEFT LAWS AND OCCUPATIONAL LICENSING
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
10501(a) False Report of Vehicle Theft With Intent to Deceive CR
+ t CR. 10750(a) Unauthorized Alteration of Vehicle Numbers or Id entification
Marks CR
10751(a) Knowing Purchase, Sale, or Possession of Vehicle With
Removed, Defaced, Altered, or Destroyed Registration or Identification Numbers
CR
10851(a) Taking or Driving Vehicle Without Consent CR
10851.5 Theft of Binder Chains CR
10852 Injuring or Tampering With Vehicle or Contents Without Consent
of Owner CR
10853 Climbing Onto, Attempting to Manipulate, or Tampering With
Unattended Vehicle With Intent to Commit Malicious Injury,
Mischief, or Crime
CR
10854 Tampering With, Driving, or Removing any Part of Vehicle by
Bailee CR
11500 Conducting Business as Automobile Dismantler Without Valid
Permit/License and Official Place of Business CR
11515(a,b,d,e) Salvage Vehicle Notice and Certificate Requirements CR
11520(a) Failure of Licensed Auto Dismantler to Provide Required Notice
to DMV and DOJ Within Required Time CR
11700 Acting as Dealer, Remanufacturer, Manufacturer, Transporter,
or Distributor Without A Valid License CR
11713(a-t) Engage in Prescribed Unlawful Acts by a Licensed
Manufacturer, Transporter or Dealer CR
26
VEHICLE CODE
DIVISIONS 4 AND 5 - ANTITHEFT LAWS AND OCCUPATIONAL LICENSING
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
11713.17(a,b) Violation by Dealer, Manufacturer, or Distributor of Requirements
for Securing Front License on Vehicle CR
11725(a) Removal of Vehicle to Foreign Jurisdiction for Registration CR
(b) Failure to Remove License Plates From Vehicle if Known That
Vehicle Is to be Exported to Foreign Jurisdiction
11800 Conduct of Business as Vehicle Salesperson Without Valid License CR
12110(a) Providing or Requesting a Commission, Gift or Compensation
in Consideration of Arranging or Requesting the Services of a
Tow Truck
CR
CR
(c) Exchange of Valuable Consideration Between Towing Service or Employee of Towing Service and Repair Shop or Employee
of Repair Shop for the Delivery or Arranging of Delivery of a
Vehicle for Storage or Repair
DIVISION 6 - DRIVERS’ LICENSES
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
12500(a) Unlawful to Drive Unless Licensed (No License) CR
12515(b)
Minor Under 21 Employed to Drive in Interstate Commerce or Carry
Hazardous Materials CR
12517(a)(2) Operation of School Bus Without Certificate in Possession While Transporting Pupils CR (b) Operation of School Pupil Activity Bus Without Certificate in Possession While Transporting Pupils
12517.45(a) Unlawful Operation of Specified Vehicle Transporting Pupils CR
12519(a) Farm Labor Vehicle License CR
12951(b)
Refusal to Present License to Officer CR
13004(a-g) Identification Card - Unlawful Use CR
13004.1(a) Manufacture or Sale of Fraudulent I.D. CR
14601(a) Driving When Privilege Suspended or Revoked
CR
14601.1(a) Driving When Privilege Suspended or Revoked for Offenses Not
Relating to Driving Ability
CR
14601.2(a,b) Driving When Privilege Suspended or Revoked for Driving Under Influence of Alcohol/Drugs
CR
VEHICLE CODE
27
DIVISION 6 - DRIVERS’ LICENSES
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
14601.3(a) Accumulation of Driver Record History by Habitual Traffic
Offender During Period of License Suspension or After
Revocation
CR
14601.4(a) Causing Bodily Injury While Driving with Suspended or Revoked
License BR
14601.5(a,b) Driving When Privilege Suspended or Revoked for Refusing
Chemical Test or Driving with Excessive Blood Alcohol Second
Offense (Section 14601, 14601.2, 14601.3,
14601.5 Within 5 Years)
CR
CR
14604(a) Knowingly Allow Another to Drive Vehicle Without Valid Driver's
License CR
14610(a)(1-8) Unlawful Use of License CR
14610.1(a) Manufacture or Sale of Fraudulent I.D./Driver’s License Prohibited CR
15501 Presentation of False Driver's License by Minor CR
DIVISION 7 - FINANCIAL RESPONSIBILITY
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
16030(a) Knowingly Provide False Evidence of Financial Responsibility CR
+ Ct.16560(a,b) Violation of Interstate Highway Carrier Requirements CR
+ Ct.
DIVISION 10 - ACCIDENTS AND ACCIDENT REPORTS
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
20001(a) Duty to Stop When Involved in Accident With Injury or Death CR
20002(a,b) Hit and Run - Property Damage CR
20003 Failure to Provide Required Information or Render Necessary
Assistance to Occupants of Struck Vehicle With Accident Resulting
in Injury or Death
CR
DIVISION 11 - RULES OF THE ROAD
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
21200.5 Bicyclist Riding Under the Influence CR
21464(d) Willful Interference With Traffic Device or Willful Use,
Possession, or Distribution of Traffic Interference Device
That Results in Injury or Death
CR
28
VEHICLE CODE
DIVISION 11 - RULES OF THE ROAD
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
21651(b)
(c)
Wrong Way Driving
Wrong Way Driving With Injury or Death CR
21655.9(c) Operate or Own Vehicle That Displays Low-Emission Decal Not
Issued for the Vehicle CR
21702(a,b) Limitation on Driving Hours CR
21713 Armored Car Without License CR
21963 Blind Pedestrians - Right of Way CR
22406.1 Maximum Speed for Commercial Vehicles
- In Excess of Speed Limit by 15 MPH or More CR
22513(b)
(c)
Stop to Solicit Towing Services Towing Without
Authorization BR
22520.5(a) Vending on Freeway Right-of-Way (Second Offense) CR
22658 Failure of Tow Company or Driver on Request by Owner
or Owner’s Agent to Release Vehicle Removed from Private
Property Not Yet in Transit
CR
23103(a,b) Reckless Driving CR
23104(a,b) Reckless Driving – Bodily Injury BR
23105(a) Reckless Driving – Specific Injury BR
23109(a) Engaging in Speed Contests CR (b) Abetting Speed Contests CR
(c) Engaging in or Abetting Exhibition of Speed CR
(d) Placing Barricades or Obstructions CR
(e)(2) Engaging in Speed Contest and Causing Bodily Injury BR (f)(1) Engaging in Speed Contest With Prior BR
(f)(2) Engaging in Speed Contest and Causing Bodily Injury MR With Prior
23109.1 Engaging in Speed Contest – Specific Injury BR
23110(a) Throwing Substance at Vehicle Prohibited CR
23112.5(a) Hazardous Materials - Notification of Agency CR
23114(a,b,e,f) Spilling Load on Highway Prohibited (Second or Subsequent
Offense Within 2 Years) BR
23127 Unauthorized Motor Vehicle on Riding/ Hiking Trails CR
VEHICLE CODE
29
DIVISION 11 - RULES OF THE ROAD
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
23152(a-g)* Driving Under Influence of Alcohol and/or Drugs
One Prior Conviction Within 10 Years
Two or More Prior Convictions Within 10 Years
Add for Traffic Collision, BAC Greater Than .15% or
Refusal
Add for Both Traffic Collision and BAC Greater Than .15% or
Refusal
BR
BR
MR
BR
BR
MR
23153(a-g) Driving Under Influence Causing Injury
One Prior Conviction
Add for BAC Greater Than .15%
MR
MR
MR 23224(a,b) Possession of Alcohol by Minor In a Vehicle Prohibited CR
23247(a)
(b-e)
Unlawful to Rent/ Loan Vehicle to Person With License Restriction
Requiring Ignition Interlock Device
Unlawful to Request/ Solicit Someone to Blow Into Device/ Start
Motor Vehicle With Device; to Drive Unequipped Vehicle; Tamper
With Vehicle Requiring Interlock Device
CR
23253 Failure to Obey CHP or DOT Officers at Vehicular Crossing CR
23332 Trespass on Vehicular Crossing CR
DIVISION 11.5 – DUI
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
23573(i) Willful Failure to Install Ignition Interlock Device Within Required 30 Days BR
CHAPTER 1 OF DIVISION 12 - GENERAL PROVISIONS
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
24002.5(a) Unlawful Operation of a Farm Labor Vehicle CR
24011.3(c)(1) Passenger Vehicle Manufacturer - Willful Failure to Affix CR
Bumper Strength Notice or Willful Misstatement of Information in the Notice (c)(2) Willful Defacement, Alteration or Removal of New Vehicle CR
Bumper Strength Notice Prior to Delivery of the Vehicle
30
VEHICLE CODE
CHAPTER 5 OF DIVISION 12 - OTHER EQUIPMENT
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
27150.1 Sale of Exhaust Systems Restricted CR
27362(a) Sale or Installation of Non-Conforming Child Restraint System CR
28050 Advertisement, Sale, Use or Installation of Device Causing Motor
Vehicle Odometer to Register Mileage Other Than True Mileage
Driven
CR
28050.5 Operation of Motor Vehicle Knowing the Odometer Is
Disconnected or Nonfunctional with Intent to Defraud CR
28051 Disconnecting, Turning Back or Resetting Odometer of Motor Vehicle CR
28051.5 Advertisement, Sale or Use of Device Designed for Purpose
of Turning Back or Resetting Odometer to Reduce Mileage
Indicated
CR
28150(d) Possession of Four or More Radar Jamming Devices CR
CHAPTER 5 OF DIVISION 13 - TRANSPORTING OTHER LOADS
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
31303(b-e) Violating Requirements for Transportation of Hazardous
Waste CR
31401(b) Farm Labor Buses and Trucks - Inspection Required CR
(d) Willful Rental or Use of Farm Labor Vehicle by Owner or
Contractor Without CHP Inspection per VC 31401(b) 31402(a) Operation of Unsafe Farm Labor Vehicle CR
31403 Mechanic Certification of Farm Labor Vehicle CR
DIVISION 14 - TRANSPORTATION OF EXPLOSIVES
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
31602(a-c) License, Routes to Be Used, Stopping Specified CR
Ct. 31607(a) Inspection Required CR
Ct. 31609 Record of Inspection CR
Ct. 31610(a-e) Improper Equipment, Maintenance CR
Ct. 31611 Improper/ Lack of Maps of Route CR
Ct. 31612 Carry and Display Shipping Instructions CR
+
Ct.
31613 Prohibited Cargoes CR
Ct. 31614(a,b,d,e,h) Transport Explosives Through Local Routes; Congested
CR
Areas; With Enclosed, Uncovered Loads; While Smoking or
Open Flame
(c,g) Loading Explosives Without Motor Stopped, Brakes Set; Vehicle Transporting Explosives Left Unattended
(f,i) Driving Near or Through Fires; Transportation of Explosives in a
Passenger Vehicle
32000.5(a) Hazardous Materials Transportation - Company Not CR
Licensed
(d) Fireworks Transportation - Failure to Carry License or Present
VEHICLE CODE
31
DIVISION 14 - TRANSPORTATION OF EXPLOSIVES
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
32001(c) Hazardous Material - Motor Carrier Directing Transportation
Unlawfully CR
32002(a)
(b)
Violations of Division 14.1 or Regulations
Unlicensed Transportation
Second or Subsequent Offense
CR
33000 Violation of Shipment Regulations for the Transportation of
Radioactive Materials CR
34100 Illegal Operation of Tank Vehicle Transporting Hazardous
Waste or Flammable and Combustible Liquids on a Public
Highway
CR
34501(e) Operation of Bus Without Current Inspection by CHP CR
34501.3(a)(2) Motor Carriers - Unlawful Schedule Exceeding Maximum Hours
of Service CR
34505(a-c) Violation of Tour Bus Inspection and Repair Requirements CR
34505.5(a-c) Violation of Motor Carrier Vehicle Inspection and Repair
Requirements CR
34505.9(a)(4)(D) Violation of Intermodal Roadability Inspection Program CR
34506(a) Failure to Comply with Specified Regulation of Hours of
Service of Drivers
(b) Failure to Comply with Specified Regulation of Hazardous CRMaterial Transportation
(c) Failure to Comply with Specified Regulation of School
Buses
(d) Failure to Comply with Specified Regulation of Youth Buses
(e) Failure to Comply with Specified Regulation of Tour Buses
(f) Failure to Comply with Specified Regulation of Described
Vehicles
(g) Failure to Comply with Specified Regulation of School Pupil
Activity Buses
34623(h) Motor Carrier of Property Operating Vehicle While Permit
Suspended
(i)(1) Motor Carrier of Property with Suspended Permit Allowing Any
Vehicles Subject to Suspension Based on Failure to Maintain to
be Operated by Another Carrier
CR
(i)(2) Motor Carrier of Property Knowingly Utilizing a Vehicle From a Motor Carrier Whose Permit Is Suspended Based on a Failure
to Maintain Any Vehicle
DIVISION 15 - SIZE, WEIGHT AND LOAD
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
35784(b) Violation of Special Permit Requirements CR
35784.5(a) Transportation of Extra-legal Load Without Permit CR
35785(b) Violation of Single Saw Log Hauling Speed Limit of 15 MPH
Over Bridge or Causeway or 25 MPH on Highway CR
32
VEHICLE CODE
DIVISION 15 - SIZE, WEIGHT AND LOAD
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
35786(b) Operation of Truck Booster Power Unit in Noncompliance with
Route Specifications CR
35790(g)
(h)
Failure to Carry Appropriate Permits, Certificates, and Notices
Required for Movement of Manufactured Homes
Violation of Terms, Conditions, or Limitations Specified in Manufactured-Home Transportation Permits
CR
DIVISION 16.5 - OFF HIGHWAY VEHICLES
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
38316(a) Reckless Driving of Off-Highway Motor Vehicle CR
38317 Reckless Driving of Off-Highway Motor Vehicle Causing Injury CR
38318(a) Throwing Substance at Off-Highway Motor Vehicle CR
38318.5 Malicious Removal or Alteration of Markers or Signs CR
38319 Operation of Off-Highway Motor Vehicle Likely to Cause Damage CR
38320(a,b) Throwing, Depositing or Dumping Matter CR
DIVISION 17 - OFFENSES AND PROSECUTION
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
40001(c)
(d)
Violation by Employer of Out-of-Service Order
Employer Allows, Permits, Requires, or Authorizes Driver to
Operate Commercial Motor Vehicle in Violation of Railroad-
Highway Grade Crossing Statute or Regulation
CR
40005 Employer Undertakes Responding to Employee Driver's Citation
and Inaction By Employer Results in Issuance of Warrant For
Employee
CR
40008(a) Violation of VC 21701, 21703, or 23103 with Intent to Capture Physical Impression of Another Person for Commercial Purpose (b) Violation of VC 21701, 21703, or 23103 with Intent to Capture CR Physical Impression of Another Person and Causing
Endangerment of Minor
40504(b) Signing Written Promise to Appear With False Name CR
40508(a-c) Violation of Promise to Appear, Promise to Pay [In
Addition to the Bail on Original Offense.] CR
40519(c) Failure to Appear at Time of Trial After Pleading Not Guilty in
Writing CR
40614 Use of Fictitious Name CR
40616 Violation of Promise to Correct CR
42005(e) Failure to Attend Traffic Violator School CR
VEHICLE CODE
33
SPEED VIOLATIONS
DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
1 to 15 Miles Over Limit CR
16 to 25 Miles Over Limit CR
26 and Above (Miles Over Limit) CR
Speed Violations in Highway Construction Zones (Section 42009)
DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
1 to 15 Miles Over Limit CR
16 to 25 Miles Over Limit CR
26 and Above (Miles Over Limit) CR
WELFARE AND INSTITUTIONS CODE
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
5150
Certification to Mental Health Courts
CR
CALIFORNIA CODE OF REGULATIONS, TITLE 14: NATURAL RESOURCES
For all violations of Title 14 of the California Regulations (Natural Resources), pre-arraignment release protocol is CR.
LOS ANGELES COUNTY CODE
For all violations of the Los Angeles County Code, pre-arraignment release protocol is CR.
34
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,
subdivision (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-arraignment 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 offense 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 factors
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 guideline:
CR……$1,000-$5,000
BR……$15,000
MR……$30,000
D. Penal Code Section 1270.1
This section 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:
35
• Violent felonies as described in P.C. Section 667.5(c), but not 460(a);
• Serious felonies as described in P.C. Section 1192.7(c) (including those listed in P.C.
Section 1192.8);
• Violations of P.C. Sections 136.1(c), 243(e)(1), 273.5, 422 (as a felony), and 646.9; and
• 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.
Enhancement bail amounts should be added to the dollar amount of bail for the
underlying offense. Offenses designated as CR, BR, or MR in the bail schedules are
$0 bail offenses. If an enhancement is alleged, that amount should be added to the
$0 bail amount to obtain the enhanced bail amount.[1] If the offense is designated in
the bail schedule as MR and an enhancement is alleged, the offense will not be
reviewed by a magistrate prior to arraignment if the law enforcement agency (LEA)
notifies the magistrate by contacting the Los Angeles County Probation
Department’s Bail Deviation Unit at 213-351-0373 or 800-773-5151 within 2 hours
of the booking. The Bail Deviation Unit will notify the magistrate of the
enhancement, and the arrest will not be referred to the magistrate for review. If the
offense is designated in the bail schedule as CR or BR and an enhancement is alleged,
the offense will not be reviewed by a magistrate prior to arraignment, and there is no
need for the law enforcement agency to notify the magistrate of the enhancement.
Enhancement amounts are listed on page 24 of the Felony Bail Schedule and in other
places throughout the schedule where applicable. As stated in the bail schedules, no
additional financial conditions of release other than those listed in the enhancements
section may be added to the bail amounts for offenses designated as CR, BR, or MR.
Example: An individual is arrested for grand theft auto (PC § 487(d)(1)) and is alleged
to be stealing cars for the benefit of a criminal street gang within the meaning of
THERE ARE SEVERAL ENHANCEMENTS LISTED IN THE NEW BAIL SCHEDULES.
EXAMPLES INCLUDE AN OFFENSE COMMITTED FOR THE BENEFIT OF A
GANG ($40,000), ARRESTEE SERVED PRIOR PRISON TERM WITHIN THE PAST
5 YEARS ($10,000 PER PRIOR), AND FELONY OFFENSE COMMITTED WHILE
FELONY CHARGES ARE PENDING AGAINST THE ARRESTEE ($25,000). IF AN
ARRESTEE IS BOOKED FOR AN OFFENSE DESIGNATED IN THE BAIL
SCHEDULE AS CR, BR, OR MR AND THERE IS AN APPLICABLE
ENHANCEMENT, WHAT IS THE BAIL AMOUNT?
PARP FAQS
EnhancementsEnhancements
Issued September 14, 2023 Pg. 1
Q:
A:
PC § 186.22. There is an applicable enhancement as a result of the alleged felony
offense being committed for the benefit of a criminal street gang. The bail amount
for the underlying offense of grand theft auto is $0 and BR, but because the alleged
enhancement requires bail in the amount of $40,000, the bail would be $40,000. ($0
for the underlying offense + $40,000 for the enhancement = $40,000 money bail).
The person is not eligible for a non-financial condition of release because a financial
condition of release (money bail amount) is required for the enhancement. The
Felony Bail Computation Worksheet on page 10 can be used to calculate the final
bail amount when enhancements are included.
PARP FAQS
1] Cal. Crim. Practice: Motions, Jury Instr. & Sent. § 5:1 (4th ed.) [“Under the schedule, bail must be the sum of the amount listed for the
offense, plus the amount listed for all applicable enhancements and prior convictions.”]; see Kiperman v. Klenshetyn (2005) 133
Cal.App.4th 934, 939 [stating “a person may not be released on bond for an amount less than the amount of the bail ordered by the
court.”]; see generally Dant v. Superior Court (1998) 61 Cal.App.4th 380, 386 [stating that bail schedules usually specify “additional
amounts for cases in which sentence enhancing allegations or other extraordinary facts are present.”].
If a LEA alleges that there is an enhancement to an underlying offense that is
designated as CR or BR, the LEA does not need to notify the magistrate. Instead the
LEA should apply the appropriate bail amount calculated pursuant to the Felony Bail
Computation Worksheet. (See question above)
If a LEA alleges that there is an enhancement to an underlying offense that is
designated as MR, the LEA will need to notify the magistrate by contacting the Los
Angeles County Probation Department’s Bail Deviation Unit at 213-351-0373 or
800-773-5151 within 2 hours of the booking. The Bail Deviation Unit will notify the
magistrate of the enhancement, and the arrest will not be referred to the magistrate
for review.
If a LEA alleges that there is an enhancement to an underlying offense that is
designated with a money bail amount, the LEA does not need to notify the
magistrate because Penal Code section 1270.1 offenses are not eligible for release
under the Pre-Arraignment Release Protocol. Because these offenses are not
referred to a magistrate for review, there is no need to notify the magistrate.
Instead, the LEA should apply the appropriate bail amount calculated pursuant to
the Felony Bail Computation Worksheet.
HOW DO WE NOTIFY THE MAGISTRATE THAT THERE IS AN ENHANCEMENT
WHEN THE UNDERLYING OFFENSE IS DESIGNATED AS CR, BR, OR MR?
Issued September 14, 2023 Pg. 2
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PARP FAQS
The bail schedules provide that if an arrestee is on parole or post-release community
supervision when the arrestee is booked for an offense designated as CR or BR, the
arrestee should be referred to a magistrate for review. If a law enforcement agency
finds that an arrestee is on parole or PRCS, the agency should indicate this
information to the magistrate by contacting the Los Angeles County Probation’s Bail
Deviation Unit at 213-351-0373 or 800-773-5151 within 2 hours of the booking.
The Bail Deviation Unit will notify the magistrate of the exception, and the arrest
will be referred to the magistrate for review. If the law enforcement agency does not
notify the magistrate of the fact that the arrestee is on parole or PRCS in that
timeframe, the arrestee will be released because the LEA failed to provide this
information to the Magistrate Unit via Probation personnel.
THE NEW BAIL SCHEDULES PROVIDE FOR CERTAIN EXCEPTIONS THAT
ELEVATE THE BOOKING TO A MAGISTRATE REVIEW (MR) CATEGORY. HOW
WILL THE MAGISTRATE KNOW THAT AN OFFENSE DESIGNATED AS CR OR
BR IN THE SCHEDULE SHOULD BE REVIEWED BECAUSE IT FALLS INTO AN
EXCEPTION (E.G ASSAULT OFFENSE ALLEGED TO HAVE BEEN COMMITTED
WHILE THE ARRESTEE IS ON PAROLE)?
Nothing in the bail schedules changes a LEA’s statutory authority to hold an arrestee
pursuant to Penal Code §§ 853.6 or 849(b). Similarly, nothing in the bail schedules
changes a LEA’s responsibility to release an arrestee entitled to release on bail. An
arrestee booked for an offense designated as CR or BR is presumed to have a money
bail amount of $0.
HOW LONG CAN A LEA LEGALLY HOLD SOMEONE WHO HAS BEEN
ARRESTED AND BOOKED AT OUR FACILITY FOR MULTIPLE CR CHARGES
(E.G., PENAL CODE § 484, HEALTH & SAFETY CODE §§ 11377 AND 11364)
AND/OR BR CHARGES? ONCE THE PERSON IS IDENTIFIED VIA LIVESCAN, IS
LAW ENFORCEMENT REQUIRED TO CITE THEM OUT?
ExceptionsExceptions
DetentionDetention
Issued September 14, 2023 Pg. 3
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PARP FAQS
Yes. Nothing in the bail schedules changes the authority of LEAs to temporarily
detain arrestees pursuant to applicable statutory authority. As has always been the
case with bail schedules, they do not override or supplant Penal Code §§ 853.6 or
849. Similarly, the new bail schedules do not impede with LEA’s discretion to cite
and release or detain individuals pursuant to existing statutory authority.
SOME LEAS ISSUE A DETENTION CERTIFICATE PURSUANT TO PENAL CODE §
849(B)(2) FOR CERTAIN OFFENSES (E.G. § 647(F) – PUBLIC INTOXICATION)
AFTER THE ARRESTEE HAS BEEN BOOKED AND HELD IN CUSTODY TO SOBER
UP. WILL THIS STILL BE AN OPTION WITH THE NEW BAIL SCHEDULES?
Yes. To request a bail deviation, the requestor should contact the Los Angeles
County Probation Department’s Bail Deviation Unit at 213-351-0373 or 800-773-
5151 within 2 hours of booking.
Nothing in the bail schedules changes the authority of a LEA under Penal Code §
1269c to request an upward bail deviation. Penal Code § 1269c sets forth the
procedures and instances when upward bail deviation is appropriate. It is available
for the following arrestees:
1. Those defendants arrested without a warrant for a bailable felony offense or
for the misdemeanor offense of violating a domestic violence restraining order; and
2. A peace officer has reasonable cause to believe that the amount of bail set
forth in the schedule of bail for that offense is insufficient to ensure the defendant’s
appearance or to ensure the protection of a victim, or family member of a victim, of
domestic violence.
PURSUANT TO PENAL CODE § 1269C, AN ARRESTEE MAY REQUEST A BAIL
DEVIATION DOWNWARD AND, A LAW ENFORCEMENT OFFICER, UNDER
CERTAIN CIRCUMSTANCES, MAY REQUEST A BAIL DEVIATION UPWARDS.
WILL THE COURT MAINTAIN A PROCEDURE FOR APPLICATION FOR BAIL
DEVIATIONS AFTER OCTOBER 1, 2023?
Bail DeviationBail Deviation
Issued September 14, 2023 Pg. 4
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PARP FAQS
Under these circumstances, “the peace officer shall prepare a declaration under
penalty of perjury setting forth the facts and circumstances in support of his or her
belief and file it with a magistrate.” (Pen. Code, § 1269c.) This can be done through
the Probation Department’s Bail Deviation Unit.
A request for upward bail deviation of an offense designated in the bail schedule as
CR or BR ($0 bail) may cause the arrest to be referred to the magistrate for review.
No. Penal Code § 1269c does not provide for bail deviation for enhancement bail
amounts.
IF AN ARRESTING CHARGE INCLUDES AN ENHANCEMENT FOR WHICH
MONEY BAIL APPLIES UNDER THE ENHANCEMENTS SECTION OF THE BAIL
SCHEDULE, CAN THE LEA REQUEST AN UPWARD BAIL DEVIATION ON THE
ENHANCEMENT AMOUNT?
Releasing MR ArresteesReleasing MR Arrestees
The booking agency where the arrestee is jailed will receive the release notice. In
the new PREP portal, the jailer and the arresting officer will be able to view a copy of
the release, regardless of what agency effected the arrest or booked the arrestee.
Magistrates will begin the review process 2 hours after the arrestee completes a
livescan. A decision by the magistrate should then be completed within 2-4 hours.
The jailer must then print the Release Order and have the arrestee sign it. If an
arrestee refuses to sign the Release Order, the jailer has the authority to continue to
hold the arrestee per PC 853.6(i)(8).
HOW WILL A BOOKING AGENCY KNOW THE DECISION OF THE
MAGISTRATE WHEN AN OFFENSE IS DESIGNATED IN THE BAIL SCHEDULE AS
MR OR THE ARREST IS OTHERWISE REFERRED TO THE MAGISTRATE FOR
REVIEW?
Issued September 14, 2023 Pg. 5
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PARP FAQS
Offenses designated in the bail schedules as CR, BR, and MR are $0 bail offenses,
meaning that only non-financial conditions of release are available for individuals
arrested on these offenses. When a magistrate reviews an individual’s suitability for
release, they will determine and assess the most appropriate non-financial
conditions of release for the individual arrestee. Pursuant to In re Humphrey (2021)
11 Cal.5th 135, 156, and based upon the facts and circumstances known to the
magistrate at the time, if a magistrate finds by clear and convincing evidence based
on available information that there are no non-financial conditions of release
available prior to arraignment that assure public or victim safety or the arrestee’s
appearance in court, then the magistrate may defer until arraignment consideration
of the arrestee’s release. If no charges are filed by the prosecuting agency prior to
arraignment, the arrestee will be released without conditions. The judicial officer
presiding over the arraignment is not bound by pre-arraignment orders made by a
magistrate and will determine the arrestee's suitability for all conditions of release,
financial and non-financial, within the timing outlined in Penal Code section 825 and
within the meaning of current statutory and case authority.
IF AN OFFENSE IS DESIGNATED IN THE BAIL SCHEDULE OR IS REFERRED FOR
MAGISTRATE REVIEW, WOULD ONE OF THE CONDITIONS OF RELEASE BE A
FINANCIAL BAIL AMOUNT?
Issued September 14, 2023 Pg. 6
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