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How to Use This Bail Schedule

A. Determining Felony Bail: 1. Felony Bail Schedule shall be applicable throughout Orange County and is applicable to all arrests without a warrant for bailable felony offenses.

B. Persons not entitled to be released on bail are those charged with:

1. Capital crimes (i.e. murder with special circumstance), when the facts are evident or the presumption great. Penal Code section 1270.5 & California Constitution, Article 1, Section 12(a);
2. Felony offenses involving act of violence on another person when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others; or
3. Felony offenses when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. California Constitution, Article 1, Section 12(c).
C. Bail for offenses involving larceny under the Penal Code, as listed in this schedule (e.g. P.C. 487, 496, 504, etc.), is the scheduled amount or the amount of [loss], whichever is higher. This policy is also to apply to fraud type offenses of other Codes (e.g. Insurance Code, Revenue and Taxation Code, etc) for which no presumptive bail is specified in this schedule, at the presumptive bail for top term potential, below, or the amount of loss, whichever is higher.

D. For all offenses and enhancements for which no presumptive bail is specified in this schedule, the presumptive bail shall be set according potential for the offense plus enhancement:

Top term 3 years – 20,000
Top term 4 years – 25,000
Top term 5 years – 30,000
Top term 6 years – 35,000
Top term 7 years – 40,000
Top term 8 years – 45,000
Top term 9 years – 50,000
Top term 10 years – 55,000
Top term 11 years – 65,000
Top term 12 years – 70,000
Top term 13 years – 75,000
Top term 14 years – 80,000
Top term 15 years – 90,000
Top term 16 years – 100,000
All life sentences – 1,000,000
One Strike Prior – 100,000

E. Penal Code section 1270.1 prohibits the release of an arrestee on bail in an amount OTHER THAN THAT SET FORTH ON THE BAIL SCHEDULE prior to a hearing in open court for:

1. Violent felonies as described in Penal Code section 667.5(c), but not 460(a);
2. Serious felonies as described in Penal Code section 1192.7(c) (including those listed in Penal Code section 1192.8); and
3. Violations of Penal Code sections 136.1(c), 243(e)(1), 262, 273.5, 273.6, 422 (as a felony, and 646.9).
F. Bail Limit for Multiple Offenses – A bail limit for a case with multiple charges will be established as follows:

1. Felony only. The highest bail amount for any one felony offense, plus enhancement, will apply.
2. Felony with misdemeanor or infraction violations. The highest bail amount for any one felony offense, plus enhancement, will apply. Misdemeanor and infraction bails will not be considered.
G. Holds for Out-of-County Charges – The Felony Bail Schedule will apply to holds placed for out-of-county charges when no amount has been previously established or shown on a warrant.

H. Violation of Probation –

1. Arrest without a warrant shall have NO BAIL if offense is for violating the terms of felony probation.
2. BAIL will be set at $15,000.00 if offense is for violating the terms of misdemeanor probation.
I. All references to a code section shall include all subsections thereof unless a specific bail is set forth for a particular subsection.

J. Revisions/Additions to the Felony Bail Schedule The following procedure is established to make interim changes to the bail schedule without a formal meeting of the bail committee:

1. The staff will present to the chairperson of the Uniform Bail Procedures Committee all proposed interim changes to the approved bail schedule.
2. When the changes have been approved, a revised page for the bail schedule will distributed to all agencies holding authorized copies.