Statewide Emergency Bail Schedule Announced by Judicial Council in Response to COVID-19 – Emergency Rule 4 Adopted!

A statewide temporary Emergency Bail Schedule was adopted by the Judicial Council on April 6, 2020 to create uniformity in the handling of certain criminal offenses during the current state of emergency related to the COVID-19 pandemic.

Superior courts have until April 13, 2020 at 5 p.m. to apply the statewide Emergency Bail Schedule to: (1) every accused person arrested and in pretrial custody and (2) to every person held in pretrial custody.

Under this Emergency Bail Schedule, bail for all misdemeanors and felony offenses MUST be set at $0, except for the following 13 offenses:

1.   Serious and/or violent felonies as defined in Penal Code § 667.5(c) and Penal Code § 1192.7(c);

2.   A felony violation of Penal Code § 69 (“Resisting Executive Officer”);

3.   A violation of Penal Code § 166(c)(1) (“Violation of a Protective/Stay Away Order”);

4.   A violation of Penal Code § 136.1 when punishment is imposed under § 136.1(c) (“Dissuading a Witness by Threat”);

5.   A violation of Penal Code § 262 (“Spousal Rape”);

6.   A violation of Penal Code § 243(e)(1) or 273.5 (“Spousal Battery” or “Corporal Injury on a Spouse, etc.”);

7.   A violation of Penal Code § 273.6 (“Disobeying Domestic Violence Court 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;

8.   A violation of Penal Code § 422 where the offense is punished as a felony (“Criminal Threats”);

9.   A violation of Penal Code § 646.9 (“Stalking”);

10.  A violation of an offense listed in Penal Code § 290(c) (Relating to Sex Offenses);

11.  A violation of Vehicle Code § 23152 or 23153 (“DUI” or “DUI Causing Injury”);

12.  A felony violation of Penal Code § 463 (“Looting”); and

13.  A violation of Penal Code section 29800 (“Possession of a Firearm by a Felon”).

Nothing in the Emergency Bail Schedule restricts the court’s ability to deny bail as authorized by Article I, Section 12, or 28(f)(3) of the California Constitution.

For offenses listed in the exceptions (1) through (13) of the Emergency Bail Schedule, the pre-existing countywide bail schedule for each superior court remains in effect and should be used to determine the bail amount. However, each superior court retains the ability to reduce the amount of bail in its current countywide bail schedule for the exceptions listed in (1) through (13).

Under the Emergency Bail Schedule, bail for violations of misdemeanor probation MUST be set at $0, whether the arrest is with or without a bench warrant. Bail for all violations of felony probation, parole, post-release community supervision, or mandatory supervision, must be set in accordance with the Emergency Bail Schedule, or if the underlying conviction is for an offense listed in exceptions (1) through (13), bail must be set at the court’s pre-existing countywide schedule of bail.

The Emergency Bail Schedule will remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council.


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