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PSC - Item 3E - Attachment C www.lacourt.org | publicinfo@lacourt.org | @LASuperiorCourt Media Relations publicinfo@lacourt.org 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 -MORE- PRE-ARRAIGNMENT RELEASE PROTOCOLS 2-2-2-2 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 -MORE- PRE-ARRAIGNMENT RELEASE PROTOCOLS 3-3-3-3 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 4 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 Q: A: 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 Q: A: Q: A: 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 Q: A: Q: A: 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 Q: A: Q: A: 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 Q: A: