Petition for Writ of Mandate — Diamond Bar City Council, October 17, 2023

EXEMPT FROM FILING FEES
PURSUANT TO GOVERNMENT CODE SECTION 6103
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COMPLAINT FOR DECL. AND INJ. RELIEF, FOR TRO, PRELIM. INJ., AND/OR PERM. INJ., ENJOINING ENFCMNT OF L.A. SUP. COURT 2023 FELONY AND MISDEMEANOR BAIL SCHEDULES; WRIT OF MANDATE

JONES MAYER
Gary S. Kranker, Esq. (SBN 146246)
[email protected]
Kimberly Hall Barlow, Esq. (SBN 149902)
[email protected]
Krista MacNevin Jee, Esq. (SBN 198650)
3777 North Harbor Boulevard
Fullerton, CA 92835
Telephone: (714) 446-1400
Facsimile: (714) 446-1448
Attorneys for CITY OF WHITTIER, CITY OF ARTESIA, CITY

OF COVINA, CITY OF DOWNEY, CITY OF GLENDORA,

CITY OF LAKEWOOD, CITY OF SANTA FE SPRINGS, CITY

OF PALMDALE, CITY OF VERNON, CITY OF ARCADIA,

CITY OF INDUSTRY, CITY OF LA VERNE

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF WHITTIER, a Charter City;
CITY OF ARTESIA, a municipal corporation;
CITY OF COVINA, a municipal corporation;
CITY OF DOWNEY, a Charter City;
CITY OF GLENDORA, a municipal corporation;
CITY OF LAKEWOOD, a Charter City; CITY
OF SANTA FE SPRINGS, a municipal
corporation; CITY OF PALMDALE, a Charter
City; CITY OF ARCADIA, a Charter City; CITY
OF INDUSTRY, a Charter City;
CITY OF VERNON, a Charter City; and
CITY OF LA VERNE, a municipal corporation,
Plaintiffs,
v.

SUPERIOR COURT OF THE STATE OF

CALIFORNIA, COUNTY OF LOS ANGELES,
the judicial branch for the County of Los
Angeles, California; EXECUTIVE
COMMITTEE, a Committee of Judges of the Los
Angeles Superior Court; THE HONORABLE
SAMANTHA P. JESSNER, PRESIDING
JUDGE, an individual in her official capacity
only; THE HONORABLE SAM OHTA,
Supervising Judge of the Criminal Division, an
individual in his official capacity only; DAVID
W. SLAYTON, Court Executive Officer/Clerk of
the Court, an individual in his official capacity
only; and DOES 1 - 60, inclusive,
Defendants.

Case No.

Assigned to:

COMPLAINT FOR DECLARATORY

AND INJUNCTIVE RELIEF, FOR A

TEMPORARY RESTRAINING ORDER,

PRELIMINARY INJUNCTION,

AND/OR PERMANENT INJUNCTION

ENJOINING ENFORCEMENT OF,

AND/OR WRIT OF MANDATE, OR

OTHER APPROPRIATE RELIEF, FOR

VACATING ADOPTION OF, LOS
ANGELES SUPERIOR COURT 2023

FELONY AND MISDEMEANOR BAIL

SCHEDULES

EXEMPT FROM FILING FEES
PURSUANT TO GOVERNMENT CODE SECTION 6103
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCITON TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF Plaintiffs, CITY OF WHITTIER, CITY OF ARTESIA, CITY OF COVINA, CITY OF

DOWNEY, CITY OF GLENDORA, CITY OF LAKEWOOD, CITY OF INDUSTRY, CITY OF SANTA FE SPRINGS, CITY OF PALMDALE, CITY OF VERNON, CITY OF ARCADIA, and CITY OF LA VERNE, (collectively, “PLAINTIFFS” or “CITIES”) hereby bring their Complaint against Defendants LOS ANGELES SUPERIOR COURT; EXECUTIVE COMMITTEE, a Committee of Judges of the Los Angeles Superior Court; THE HONORABLE SAMANTHA P.

JESSNER; THE HONORABLE SAM OHTA; DAVID W. SLAYTON; and DOES 1 through 60 (collectively, “DEFENDANTS”), and hereby allege as follows:

PRELIMINARY AND GENERAL ALLEGATIONS

1. Plaintiff CITY OF WHITTIER is a Charter City, located within the County of Los Angeles, organized and existing under the laws of the State of California.

2. CITY OF ARTESIA is a general law municipal corporation, located within the County of Los Angeles, and organized and existing under the laws of the State of California.

3. CITY OF COVINA is a general law municipal corporation, located within the County of Los Angeles, and organized and existing under the laws of the State of California.

4. CITY OF DOWNEY is a Charter City, located within the County of Los Angeles, organized and existing under the laws of the State of California.

5. CITY OF GLENDORA is a general law municipal corporation, located within the County of Los Angeles, and organized and existing under the laws of the State of California.

6. CITY OF LAKEWOOD is a Charter City, located within the County of Los Angeles, and organized and existing under the laws of the State of California.

7. CITY OF INDUSTRY is a Charter City, located within the County of Los Angeles, and organized and existing under the laws of the State of California.

8. CITY OF SANTA FE SPRINGS is a general law municipal corporation, located within the County of Los Angeles, and organized and existing under the laws of the State of California.

9. CITY OF PALMALE is a Charter City, located within the County of Los Angeles, organized and existing under the laws of the State of California. 1 2
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF

10. CITY OF VERNON is a Charter City, located within the County of Los Angeles, organized and existing under the laws of the State of California.

11. CITY OF LA VERNE is a general law municipal corporation, located within the County of Los Angeles, and organized and existing under the laws of the State of California.

12. CITY OF ARCADIA is a Charter City, located within the County of Los Angeles, organized and existing under the laws of the State of California.

13. Defendant LOS ANGELES SUPERIOR COURT is a Superior Court of the State of California, in and for the County of Los Angeles. Defendant LOS ANGELES SUPERIOR COURT, by and through its judicial officers, and/or other officers, officials and/or employees, agents, representatives and/or others acting on its behalf, have formulated, adopted, promulgated and will implement and enforce, effective October 1, 2023, the newly adopted Los Angeles Superior Court Misdemeanor and Felony Bail Schedules, Adopted on July 18, 2023, Revised September 12, 2023, and Effective October 1, 2023 (“BAIL SCHEDULES”), which are at issue herein. The Los Angeles County Superior Court is one of 58 superior courts created by Article VI of the California Constitution. As described by the Court itself, it is the only court for the entire County of Los Angeles, which includes 88 cities, 125 unincorporated areas, more than 90 law enforcement agencies, and 4,084 square miles. The Court describes itself as serving a population of over 10 million, with 36 courthouse locations in 12 judicial districts.

14. Defendant EXECUTIVE COMMITTEE is a Committee of Judges of the Los Angeles Superior Court with authority, pursuant to Local Rule 1.7, “to act for and on behalf of the judges on any matters affecting the court as to which the judges have the power to act.” More specifically, Defendant EXECUTIVE COMMITTEE has the duty and authority, pursuant to Local Rule 8.3 (a), to review, approve, and has final authority to adopt annual Uniform Countywide Misdemeanor/Infraction and Felony Bail Schedules, which are required to be submitted to it by the Bail Committee within the Criminal Division.

15. Defendant THE HONORABLE SAMANTHA P. JESSNER is the Presiding Judge of the Los Angeles Superior Court, with management authority over Defendant LOS ANGELES COUNTY SUPERIOR COURT, and PLAINTIFFS are informed and believe that Presiding Judge 1 2
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF Jessner serves on and/or has supervisory authority over Defendant EXECUTIVE COMMITTEE.

16. Defendant THE HONORABLE SAM OHTA is the Supervising Judge of the Criminal Division of Defendant LOS ANGELES SUPERIOR COURT. PLAINTIFFS are informed and believe that Judge Ohta is the Supervising Judge, pursuant to Local Rule 8.3 (a), who appoints, manages and/or participates in the Bail Committee within the Criminal Division of Defendant LOS ANGELES SUPERIOR COURT, which “Bail Committee must prepare and annually revise a Uniform Countywide Misdemeanor/Infraction Bail Schedule and a Uniform Countywide Felony Bail Schedule.” L.R. 8.3 (a). In performing those duties, “[t]he Bail Committee must consider the factors specified in Penal Code section 1269b(e).” Id.

17. Defendant DAVID W. SLAYTON is the Court Executive Officer/Clerk of the Court for Defendant LOS ANGELES SUPERIOR COURT. PLAINTIFFS are informed and believe that, pursuant to Local Rule 1.6, Defendant SLAYTON has the duty, authority, power and responsibility “[t]o execute, on behalf of the court and subject to the supervision and direction of the Presiding Judge, the administrative supervision and control of the non-judicial activities of the court,” as well as “[t]o take bail and related matters as provided in the Penal Code.”

18. CITIES are all subject to the BAIL SCHEDULES, which are attached hereto, and incorporated herein by reference, as Exhibit A. The BAIL SCHEDULES will be applicable to all criminal suspects, detainees, and defendants throughout the entirety of the County, including the jurisdictions of each and all of PLAINTIFFS.

19. CITIES seek to enjoin DEFENDANTS, and each of them, from implementing the BAIL SCHEDULES, in that they do not fulfill the mandatory obligations of DEFENDANTS relating to the preparation and adoption of uniform countywide bail schedules and/or the setting of bail generally, which actions are required to protect public safety as a primary consideration, and the BAIL SCHEDULES as adopted, revised and to be imminently implemented, fail to fulfill the duties of DEFENDANTS to “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.” Cal. Const. art. I, § 28 (f)(3). See also, Cal. Penal Code § 1275 (a)(1) (same). 1 2
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF

20. This Court has jurisdiction over the subject matter of the dispute at issue herein, namely it can and must provide a declaration of rights as disputed between the parties, and DEFENDANTS are subject to this Court’s authority by way of writ of mandate to compel DEFENDANTS, and each of them, to comply with their mandated duties and constitutional and statutory provisions of law which circumscribe DEFENDANTS exercise of their authority as granted by law. Cal. Const. art. VI, § 10. See also, Cal. Civ. Proc. Code §§ 526, 1060, 1067- 1069, 1085, 1094.5, and/or 1102-1104.

21. DEFENDANTS, and each of them, at all times herein mentioned, are situated in the County of Los Angeles, in the State of California, and the BAIL SCHEDULES will be operative within the County of Los Angeles. Nonetheless, venue is properly transferred to a neutral County, since DEFENDANTS are County or local entities, officers and officials, and the matter is thus properly transferred to another County other than the one in which all parties are situated. Cal. Civ. Proc. Code § 394 (a). In the alternative, venue should be transferred pursuant to other sections of the California Code of Civil Procedure, including section 397 as there is reason to believe that an impartial trial cannot be had in Los Angeles County or there is no judge of the court qualified to act.

22. The true names and capacities of Defendants sued herein as DOES 1 through 60 are unknown to PLAINTIFFS, who therefore sue such Defendants by such fictitious names, and will amend this Complaint to show their true names and capacities at such time as they are ascertained. PLAINTIFFS are informed and believe and thereon allege that each of the Defendants designated herein as DOES, and each of them, are legally responsible in some manner for the events and happenings alleged in this Complaint.

23. Whenever in this Complaint reference is made to any act of DEFENDANTS, such allegation shall be deemed to mean DEFENDANTS, Defendants’ officers, agents, managers, representatives, employees, and/or DOES 1 through 60, who authorized such acts while actively engaged in the operation, management, direction or control of the affairs of DEFENDANTS, at the DEFENDANTS’ direction, and/or while acting within the course and scope of their duties.

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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF of the Defendants, collectively.

24. DEFENDANTS and each of them are directly responsible for the formulation, adoption, implementation and furtherance of the BAIL SCHEDULES, which are imminently set to take effect on October 1, 2023, and which do not comport with mandatory legal duties and obligations of DEFENDANTS. The BAIL SCHEDULES adopted by DEFENDANTS constitute violations of the laws and public policy of the State of California and/or statutes, regulations and/or requirements applicable to DEFENDANTS, and their exercise of authority in adopting, furthering, promulgating and/or enforcing the BAIL SCHEDULES, are inimical to the rights and interests of the general public, and the citizens and residents of PLAINTIFF CITIES, and for which an appropriate Court may issue a declaration of rights as between the parties and/or a writ of mandate compelling the vacating of the adoption of the BAIL SCHEDULES, and/or for which DEFENDANTS may be enjoined.

BACKGROUND FACTUAL ALLEGATIONS

25. Defendants LOS ANGELES SUPERIOR COURT, LOS ANGELES SUPERIOR COURT EXECUTIVE COMMITTEE, Presiding Judge JESSNER, and/or Supervising Judge OHTA developed, furthered and/or adopted the previous Los Angeles Superior Court 2022 Felony and Infraction and Misdemeanor Bail Schedules, which were in effect throughout Los Angeles County until in or about May 2023.

26. On or about May 16, 2023, the Los Angeles Superior Court, through a ruling by The Honorable Lawrence P. Riff in Phillip Urquidi, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 22STCP04044 (the “Urquidi Injunctive Order”), enjoined the Los Angeles Sheriff’s Department and the City of Los Angeles Police Department from using the Los Angeles Superior Court 2022 Felony and Infraction and Misdemeanor Bail Schedules, and specifically from “detaining any person prior to arraignment who would have been released without paying money bail under the Third LA County Emergency Bail Scheduled Modification Effective October 20, 2020,” except that the Court modified the “repeat offender” provision of that Emergency Bail Schedule as follows: “While release on $0 bail, bail for subsequent offense/s during the abeyance period…shall be set pursuant to the applicable bail schedules promulgated by 1 2
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF the Los Angeles Superior Court. This exception does not apply to those persons whose subsequent offense occurs after the original offense is resolved.” This is analogous to the public policy concept reflected in California Penal Code Section 12022.1, as to secondary offenses.

27. As part of its annual obligation to adopt uniform countywide bail schedules, pursuant to California Penal Code Section 1269b (c) and the Local Rules of Defendant LOS ANGELES SUPERIOR COURT, as well as -- at least in part -- in response to the Urquidi Injunction Order, Defendants LOS ANGELES SUPERIOR COURT, EXECUTIVE COMMITTEE, Presiding Judge JESSNER, and/or Supervising Judge OHTA have developed, furthered, adopted and/or revised the BAIL SCHEDULES, which were adopted by Defendant EXECUTIVE COMMITTEE on or about July 18, 2023, revised on September 12, 2023, and which are set to take effect imminently on October 1, 2023. See Exhibit A, hereto.

28. The BAIL SCHEDULES inadequately provide for public safety, and DEFENDANTS have failed in their mandatory duty to account for public safety in setting bail generally and/or in the adoption and enforcement of the BAIL SCHEDULES, specifically. As the California Supreme Court has found, “[a] court making these [pre-trial release] determinations should focus instead on risks to public or victim safety or to the integrity of the judicial process that are reasonably likely to occur.” In re Humphrey, 11 Cal.5th 135, 154 (2021). As to a court’s determination resulting in pretrial detention, it is the “court’s obligation” to “guard against careless or rote decisionmaking.” Id. at 155-156. There must be “a reasoned inquiry, [and] careful consideration of the individual arrestee’s circumstances.” Id. at 156. Generally, “[p]retrial detention on victim and public safety grounds, subject to specific and reliable constitutional constraints, is a key element of our criminal justice system.” Id.

Further, the California Constitution specifically requires “that trial courts fix the amount of bail upon consideration of ‘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.’” In re Kowalczyk, 85 Cal.App.5th 667, 687 (2022) (quoting Cal. Const. art. I, § 12). In addition, the Constitution expressly mandates that the rights of victims and the public safety must be given due regard, to protect the “broader shared collective rights that are held in common with all of the 1 2
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF People of the State of California. . . so that the public safety is protected and encouraged as a goal of highest importance.” Cal. Const. art. I, § 28 (a)(4). This includes, “[i]n setting, reducing or denying bail,” to “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.” Cal. Const. art. I, § 28 (f)(3). See also, Cal. Penal Code § 1275 (a)(1) (same). Indeed, “[p]ublic safety and the safety of the victim” are not merely one of the considerations to be given to bail determinations, but “shall be the primary considerations.” Cal. Const. art. I, § 28 (f)(3); Cal. Penal Code § 1275 (a)(1) (same). Further, “[i]n considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.” Cal. Penal Code § 1275 (a)(2).

29. DEFENDANTS fail to satisfy their mandatory duties as to the setting of bail, by the adoption and implementation of the BAIL SCHEDULES, in that the BAIL SCHEDULES impose a blanket lifting of whole swaths of categories from being bailable offenses, and requires only citation and release, or booking and release, as to blanket categories of offenses -- with no detention or individualized evaluations or assessments of particular crimes or individuals. This removes the process by which law enforcement officers address repeat offenders, or as to particular circumstances of crimes, offenses, victims or other critical considerations, particularly as to those implicating public safety concerns or the seriousness of the offense that may not be reflected merely in the charges; the BAIL SCHEDULES also fail to provide, in wide categories of offenses, any judicial review at all. This is a vast abdication of the judicial obligations relating to bail determinations, and particularly as to the mandatory legal obligation to account for victims’ rights and public safety.

For instance, the BAIL SCHEDULES ignore and/or directly conflict with the statutory authority of law enforcement officers to determine the nonrelease of offenders in a host of circumstances directly affecting public safety, such as “danger to themselves or others,” no 1 2
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF identification, “reasonable likelihood that the offense or offenses would continue or resume,” “reason to believe that the person would not appear,” etc. Cal. Penal Code § 853.6 (i)(1), (5), (7), (9).

30. There is and has been grave public concern regarding public safety in light of reduced enforcement and criminal consequences for various categories of “low-level” offenses that, despite the nomenclature, have profound and significant impacts on the day-to day life of whole communities of PLAINTIFF CITIES and others within the County. Los Angeles County Sheriff Robert Luna expressed concerns this week to the County Board of Supervisors, that confidence in the criminal system is undermined when “offenders [are] immediately released from custody.” See “Debate Over Zero Bail System Intensifies in Los Angeles County Amid Safety Concerns,” West Side Current, Sept. 26, 2023, attached hereto as Exhibit B. Public comments have included “concern[s] about the [new zero bail] system, particularly following a recent wave of mob-style smash-and-grab burglaries and reports of arrestees being quickly released and reoffending.” Id. Regardless of whether criminal suspects are held accountable at some later point in time, the message criminals get from the wide provision of cite-release or booking-release in the BAIL SCHEDULES is that they can immediately continue criminal activity with impunity, and with little actual, imminent consequences. Indeed, even brief detention of criminal suspects – and even for “low-level” crimes, can serve to disrupt and interrupt criminal syndicates, can give brief respite to ongoing and harassing criminal activities in a community, and can otherwise serve to provide a more forceful and serious law enforcement presence to combat or lessen ongoing criminal activities. Even if there are constitutional concerns with the prior 2022 Bail Schedules, the nearly wholesale elimination in the BAIL SCHEDULES of any real or immediate consequences for the majority of crimes is too broad of a sweep, without any valid consideration of victims and public safety, as mandated by law. The adoption and implementation of the BAIL SCHEDULES is at the expense of victims and members of the law-abiding public, who suffer the direct and immediate consequences of DEFENDANTS having failed to give due regard to all mandatory considerations in setting bail.

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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF circumstances, of offenses may be difficult or require more resources of DEFENDANTS is certainly no valid legal basis for simply categorically overriding public safety and statutory compulsion. Further, money bail is not merely a matter of who can pay; “courts have authority to impose reasonable conditions related to public safety on persons released on bail.” In re Webb, 7 Cal.5th 270, 278 (2019). Zero dollars does not have to equal zero consequences; however, the BAIL SCHEDULES make the balance of the rights of offenders so weighty that victims and public safety are given a zero value. The BAIL SCHEDULES’ one-size-fits-all approach fits no one, as to the mandatory balancing considerations required by law.

31. Notably, Plaintiff CITY OF WHITTIER’S experience with even judicial consideration (“Magistrate Review” under the prior Bail Schedule), as to a suspect’s individual risk to public safety after detention, indicates that such review also gives a zero value to victims’ rights or public safety. Based on information and belief, such review is perfunctory, and based on minimal particularized information about the circumstances of a specific offense or offender; the review is merely based on a computer-generated, rote, risk “assessment,” potentially without consideration of critical information regarding an incident/offender, such as repeat offense data, individualized facts, etc. This very type of review resulted in heartbreaking consequences for one of Plaintiff WHITTIER’S own law enforcement officers in October 2020. Following the arrest of an individual in possession of a loaded firearm, a “magistrate review” was conducted within three hours of his arrest, which resulted in an order to release him with a notice to appear in court at a later date. A few hours after his mandated release from WHITTIER’S jail, the individual attacked and injured a Whittier Police Officer, unprovoked, while the officer was on an unrelated call for service.

32. In practice, “Magistrate Review” does little to evaluate bail in particular circumstances or to protect victims or public safety, as mandated by law. Instead, it is a cursory review of electronic records only, by an on-call judge, relying on rote risk assessment factors, based solely on the bare nature of the charges -- without additional facts of the actual crime committed or victims harmed – and based on an arrestee’s criminal history, which does not include repeat offenses that are not convictions. Based on the Judicial Council’s “Pretrial Pilot 1 2
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF Program: Final Report to the Legislature” (July 2023), the risk assessment tool using during pilot programs, and which PLAINTIFFS are informed and believe will continue to be used under the BAIL SCHEDULES, the tool is primarily a static “actuarial algorithm to assess the likelihood that an arrested person will fail to appear in court as required or will commit a new offense during the pretrial period. Actuarial algorithms use data to identify factors associated with the target outcome and assign points based on the strength of the association.” This point system is the basis for decisions by judges under “Magistrate Review.” “Magistrate Review” does not include the detainee appearing before a judge, or any individualized assessment of the person or the specific facts and circumstances of the charged crime(s). Examples of offenses subject to “magistrate review” under the BAIL SCHEDULES include offenses of significant interest and harm to victims, the community and relevant to public safety, such as offenses involving guns, sexual battery, crimes against children/elders and contact with minors with intent to commit a sexual offense.

33. For a widespread number of offenses, there is no judicial review whatsoever – those requiring only cite and release or booking and release under the BAIL SCHEDULES. The “cite and release” and “book and release” requirements of the BAIL SCHEDULES apply to almost all misdemeanor crimes and some non-violent felonies. These include car thefts, car burglaries, thefts of property at any value, retail and commercial thefts and burglaries, possession of stolen property, forgery, drug sales, etc. These are of particular concern and interest to the general public within the jurisdictions of PLAINTIFFS and throughout the County. In fact, there are a few key examples of purportedly “low-level” crimes that directly and profoundly impact public safety, the community, victims, and the general public safety and welfare, such as fentanyl possession, theft from retailers, automobile theft (including both a vehicle or its parts, such as catalytic converters), and driving under the influence.

These are not victimless crimes. Citing and releasing someone in possession of fentanyl can have devastating consequences even to that person, by way of overdose and elimination of opportunities to delay continued possession. Further, immediate release of, for instance, an offender who steals car parts can allow such criminal activity to recommence seamlessly without 1 2
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF interruption. This can embolden both individual criminals and those acting within a syndicate and allows the human capital resources of organizational crime to continue unabated and without immediate consequence whatsoever. And, there is no provision in the BAIL SCHEDULES for any exception for repeat offenders, or those who may be known to law enforcement. The physical interruption of crimes, even if based on a brief detention, can be a valuable law enforcement tool and can save lives or cause a break in the chain of criminal activity.

DEFENDANTS have failed in their fundamental legal duties to value and protect victims and public safety, as the BAIL SCHEDULES do nothing to make a valid assessment of either.

Whatever the constitutional deficiencies are of the current money bail system, it cannot be simply washed away -- and nothing implemented in its place. The lack of any real judicial assessment or review, and complete lack of bail – without any substitute of conditions or other consequences for wide categories of crime, and not taking into account factual circumstances of crimes or individual detainees, does nothing to further public safety. There are less intrusive forms of controlling community risk through use of electronic monitoring, restraining orders preventing contacts with victims, or direction into therapeutic interventions such as drug or alcohol treatments. The BAIL SCHEDULES do not satisfy DEFENDANTS mandatory duties to protect victims’ rights and public safety. Cal. Const. art. I, § 28; Cal. Penal Code § 1275 (a).

FIRST CAUSE OF ACTION

DELCARATORY AND/OR INJUNCTIVE RELIEF
(Cal. Civ. Proc. Code §§ 526, 1060)
(Against All DEFENDANTS and DOES 1-60)

34. PLAINTIFFS re-allege and incorporate herein by reference as if alleged herein the allegations in paragraphs 1 through 33, and makes them a part of this Cause of Action as though fully set forth herein.

35. PLAINTIFFS allege that the actions, activities, conduct and/or omissions of all DEFENDANTS, and each of them, in connection with formulation, adoption, promulgation, implementation, enforcement, etc. of the BAIL SCHEDULES will be, are, and/or will continue to be in violation of law, beyond DEFENDANTS’ valid authority, and detrimental to public 1 2
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF safety and welfare, as alleged herein, and as otherwise to be shown by proof at trial.

36. An actual controversy currently exists between PLAINTIFFS and DEFENDANTS, and each of them, regarding the existence of such violations of law, as alleged herein, and relating to the legal rights and duties of each respective party.

37. At the time of trial, PLAINTIFFS will move the Court to amend this Complaint to include any facts discovered after filing this Complaint.

38. No other adequate remedy exists by which the rights of the parties’ rights may be determined.

39. PLAINTIFFS, their residents and citizens, and the general public will suffer irreparable injury if the nature of DEFENDANTS’ conduct, actions, perpetuation and/or omissions, as alleged, is not determined and declared by this Court invalid as a matter of law and/or fact and/or enjoined, either preliminarily, while this action is pending, and/or permanently.

40. Unless restrained by this Court’s issuance of injunctive relief as requested herein, DEFENDANTS will continue to implement and enforce the BAIL SCHEDULES, which are in violation of law as alleged herein.

41. DEFENDANTS’ wrongful conduct alleged herein constitutes a serious threat to the general health, safety, and welfare of the CITIES and their residents, and their peaceable and safe enjoyment of life and liberty. DEFENDANTS’ wrongful conduct alleged herein, and the operative effect of the mandatory usage throughout the County and by all law enforcement agencies within the County of Los Angeles of the BAIL SCHEDULES, directly interferes with and contradicts duties and authorities of law enforcement officers, including statutory duties and authorities, which permit, allow, and require -- for the protection of public safety, the nonrelease of certain individuals under certain circumstances. This is all the more significant for CITIES, many and/or all of which have Type I facilities that are qualified to detain arrestees prior to arraignment within their own communities.
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF

42. Unless and until these activities are restrained by this Court, they will continue to cause great and irreparable injury to the public, in that their peace and tranquility are being, and have been, disturbed, and the health and safety of the public is jeopardized by the activities of the DEFENDANTS, relating to the mandatory implementation of the BAIL SCHEDULES throughout the County.

43. PLAINTIFFS have no plain, adequate, or speedy remedy at law in that the BAIL SCHEDULES will be imminently effective and mandatory from and after October 1, 2023, and further, they eliminate the exemption of “repeat offenders” from zero-bail requirements currently in place temporarily due to the Urquidi Injunction Order. Immediate injunctive relief from a Court is both necessary and proper, in that the BAIL SCHEDULES will create an immediate, and perpetual risk of the health and welfare of the public and of residents of CITIES, and other members of the public throughout the entire County of Los Angeles. The ability of law enforcement officers to protect the public safety is directly hampered by the BAIL SCHEDULES and their enjoinment is necessary and warranted under the circumstances, based on the alleged failures of DEFENDANTS herein to comply with and fulfill their mandatory legal obligations in setting bail generally, and in adopting the provisions of the BAIL SCHEDULES, in particular.

SECOND CAUSE OF ACTION

WRIT OF MANDATE, MANDAMUS, PROHIBITION, CERTIORI OR OTHER

APPROPRIATE RELIEF
(Cal. Civ. Proc. Code §§ 1067-1069, 1085, 1094.5, and/or 1102-1104) (All Defendants and Does 1-60)

44. Plaintiffs re-allege and incorporate herein by reference as if alleged herein the allegations in paragraphs 1 through 43, and makes them a part of this Cause of Action as though fully set forth herein.

45. This action is brought pursuant to California Code of Civil Procedure Section 1085, or for other appropriate writ relief as may be determined by the Court, pursuant to e.g., Cal.

Civ. Proc. Code §§ 1067-69, 10945. And/or 1102-1104.
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF

46. DEFENDANTS, and each of them, as alleged here, have mandatory legal duties in the setting of bail, and in particular, as to the development, furtherance, implementation, enforcement and adoption of the BAIL SCHEDULES, and which duties and obligations they have failed to satisfy as a matter of law, severely and negatively affecting PLAINTIFFS, their residents, communities, and the public at large throughout the County of Los Angeles.

47. DEFENDANTS’ actions and/or omissions as alleged herein, or according to proof, fundamentally and fatally fail to account for the rights of victims or the public safety, as required by law; DEFENDANTS were, and are, under a duty to comply with mandatory constitutional and statutory obligations directly applicable to the BAIL SCHEDULES. See, e.g., Cal. Const. art. I, § 28 (f)(3); Cal. Penal Code § 1275 (a)(1).

48. At the time of trial, PLAINTIFFS will move the Court to amend this Complaint to include any matter discovered after filing this Complaint.

49. PLAINTIFFS have no plain, speedy and adequate remedy in the ordinary course of law save this action, and PLAINTIFFS are beneficially interested in the matters set forth herein, in that all PLAINTIFFS’ law enforcement agencies, or those law enforcement agencies acting on PLAINTIFFS’ behalf, are and will be subject to the BAIL SCHEDULES, to the sever detriment of their residents, communities, and the public at large.

50. Based on the foregoing, PLAINTIFFS seek a writ of mandate, or other appropriate relief, to set aside and vacate the BAIL SCHEDULES, to enjoin and mandate no further enforcement or effect as to the BAIL SCHEDULES, preclude their enforcement or use, and a finding and determination that they fail to comply with the law or DEFENDANTS’ mandatory duties under the law.
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF PRAYER
WHEREFORE, PLAINTIFFS pray for judgment against DEFENDANTS, and each of them, as follows:

1. For an order requiring DEFENDANTS to show cause, if any, why they should not be immediately, preliminarily and/or permanently enjoined as set forth in this Complaint during the pendency of this action and/or thereafter, as to the furtherance, implementation and/or enforcement of the Los Angeles Superior Court Misdemeanor and Felony Bail Schedules, Adopted on July 18, 2023, Revised September 12, 2023, and Effective October 1, 2023 (“BAIL SCHEDULES”).

2. That DEFENDANTS, and each of them, their agents, officers, employees, and anyone acting on their behalf, and their successors and assignees, be enjoined, temporarily, preliminarily and/or permanently, as set forth in this Complaint, during the pendency of this action and/or thereafter in the furtherance, implementation and/or enforcement of the BAIL SCHEDULES.

3. That this Court issue alternative and/or peremptory writs of mandate, mandamus, prohibition, certiorari, or other appropriate relief commanding DEFENDANTS, and each of them, to vacate the adoption of, or otherwise rescind enforcement of, the BAIL SCHEDULES throughout the County of Los Angeles.

4. That this Court issue alternative and/or peremptory writs of mandate, mandamus, prohibition, certiorari, or other appropriate relief commanding DEFENDANTS, and each of them, to set aside adoption of the BAIL SCHEDULES.

5. That this Court issue a temporary, preliminary and/or permanent injunction enjoining all DEFENDANTS, and each of them, their agents, officers, employees, and anyone acting on their behalf, and their successors and assignees, representatives, servants and all persons acting under their control, in concert with, or participating with DEFENDANTS, from enforcing, implementing, using or relying on the BAIL SCHEDULES.

6. That this Court issue and Order declaring that the BAIL SCHEDULES are invalid as a matter of law, and unenforceable, and inapplicable to law enforcement agencies within and 1 2
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COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF throughout the County of Los Angeles.

7. That PLAINTIFFS are entitled to costs of suit, and any and all such other relief as the Court deems proper, necessary or just.

Dated: September 29, 2023 JONES MAYER
By: ______________________________
Gary S. Kranker,
Kimberly Hall Barlow and
Krista MacNevin Jee,
Attorneys for Plaintiffs,
City of Whittier, City of Artesia, City of
Covina, City of Downey, City of Glendora,
City of Lakewood, City of Industry, City of
Santa Fe Springs, City of Palmdale, City of
Arcadia, City of La Verne, City of Vernon

EXHIBIT A
2023

MISDEMEANOR BAIL SCHEDULE
Rev. September 12, 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.......................................................................................................................................................... 10 a. BUSINESS AND PROFESSIONS CODE ................................................................................. 10 b. FISH AND GAME CODE........................................................................................................... 10 c. HARBORS AND NAVIGATION CODE ..................................................................................... 10 d. HEALTH & SAFETY CODE....................................................................................................... 10 e. PENAL CODE............................................................................................................................ 12 f. PUBLIC RESOURCES CODE .................................................................................................. 24 g. VEHICLE CODE........................................................................................................................ 25 h. WELFARE AND INSTITUTIONS CODE................................................................................... 34 California Code of Regulations............................................................................................................................ 34 Los Angeles County Code .................................................................................................................................... 34 II. RELEASE CONSIDERATIONS FOR JUDICIAL OFFICERS
How to Use the Schedule .................................................................................................................................... 35 Arrest Warrants................................................................................................................................................... 35 Determining Financial Conditions of Release at Arraignment or Future Court Proceeding ............................... 35 Penal Code Section 1270.1.................................................................................................................................. 35 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 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.

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).
5 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.

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 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). Nothing in this protocol should be construed to alter the authority of law enforcement to cite-and-release or book-and-release as authorized by state law. 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) bail 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 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. As set forth further below, magistrates will consider the available information to determine whether to 5 Cal. Const., art. I, § 12.
6 release an arrestee on their own recognizance with no conditions, release them on their own recognizance with the least restrictive non-financial conditions, or defer consideration of release until arraignment under limited circumstances. 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, the facts of the case, and any information the prosecutor and the defense attorney may offer.

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 notwithstanding Penal Code section 977.

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. Applying the factors set forth in Penal Code section 1275, and Article I, sections 12 and 28, the magistrate will consider known facts about the offense and the arrestee as well as a risk assessment report in deciding to (1) release the arrestee on their own recognizance; (2) release the arrestee upon $0 money bail and non-financial conditions of release that are the least restrictive conditions reasonably related to the crime that are necessary to assure their appearance at court and the safety of the public and victim; or (3) defer until arraignment consideration of the arrestee’s release, if the magistrate finds by clear and convincing evidence based on the available information that "public or victim safety, or the arrestee's appearance in court, cannot be reasonably assured” if they are released with nonfinancial conditions. (In re Humphrey (2021) 11 Cal.5th 135, 154.) 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, further consideration of the arrestee’s release will be deferred until arraignment.

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 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 nonfinancial 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 8 offenses are committed against separate victims or on separate dates, in which case the financial conditions may be aggregated. Because the arrestee is subject 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
For all misdemeanor offenses within the following codes, the bail shall be set at zero dollars ($0) and the offense designated as CR: Civil Code, Code of Civil Procedure, Education Code, Election Code, Financial Code, Food and Agriculture Code, Government Code, Insurance Code, Labor Code, Public Utilities Code, Revenue and Taxation Code, Street and Highways Code, and Unemployment Insurance Code. 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.

8. BAIL DEVIATION
Pursuant to Penal Code section 1269c, bail deviation is available to process all bail increase and decrease requests for persons who have been arrested (other than pursuant to an arrest warrant) but not arraigned.

Law Enforcement requests to increase bail shall be made within two hours of booking and must comply with Penal Code section 1269c. That section sets forth the procedures and instances when upward bail deviation is appropriate. It is available:
a. As to those individuals arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order, and;
b.
c. When 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.

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 . . . requesting an order setting a higher bail.” (Penal Code, §1269c.) If applicable, Law Enforcement shall also communicate to the Probation Department 9 within two hours of booking: (1) Whether an enhancement to an offense is being sought; and/or (2) whether the arrestee, booked on an offense designated as CR or BR, is an exception from the release protocol due to their being on a grant of Parole, or Post Release Community Supervision (PRCS) requiring magistrate review for the booked offense.

All requests to increase or decrease bail should be called in, within two hours of booking, at (213) 351-0373 or (800) 773-5151. Hours of operation are 6:30 a.m. to 1:30 a.m.

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 a magistrate for review. 10 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
11162.6 Coun Ct. terfeits/ 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 11366 Maintenance of Place for Disposal of Narcotics CR 11 HEALTH AND SAFETY CODE

SECTION DESCRIPTION

PRE-ARRAIGNMENT

RELEASE PROTOCOL
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 Manufacture, 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 Manufacture, Sell, Deliver, Hold or Offer for Sale Any Adulterated Food
CR
110625 Adulteration of a Food CR
110760 Manufacture, 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 Manufacture, 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 Manufacture a Drug or Device Without a License CR Ct.
111765 Manufacture 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 120290 Willful Exposure to Disease Ct. MR
Ct.

PENAL CODE
12 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 Manufacture 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
146(a) Arrest or Detain a Person Against His or Her Will MR 146a(a) Impersonating an Officer MR
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

PENAL CODE
13 SECTION DESCRIPTION

PRE-ARRAIGNMENT

RELEASE PROTOCOL
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
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 244.5(b), (c) Use of Stun Gun or Taser on Any Person MR 245(a)(1) Assault With a Deadly Weapon MR
(a)(2) Assault With a Firearm MR
(a)(4) Assault With Force Likely to Produce G.B.I. CRMR 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
(c) B
(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

PENAL CODE
14 SECTION DESCRIPTION

PRE-ARRAIGNMENT

RELEASE PROTOCOL
270.6 Leave State with Intent to Avoid Spousal Support CR 271/ 271a Fail to Maintain Child Under 14 Years CR
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
MR
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
15 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 Manufacture 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
16 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
17 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
18 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
19 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
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 Manufacture/ 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 Non-ambulatory 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
20 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

PENAL CODE
21 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
(j)(2) Use Concealed Camcorder or Camera of Any Type to Secretly BR 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
22 PENAL CODE

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 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

PENAL CODE
23 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
17500 Possession of Deadly Weapon with Intent to Assault MR 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 Manufacture, 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 Manufacture, Sale, Possession, etc., Air Gauge Knife CR 20410 Manufacture, Sale, Possession, etc., Belt Buckle Knife CR 20510 Manufacture, Sale, Possession, etc., Cane Sword CR 20610 Manufacture, Sale, Possession, etc., Lipstick Case Knife CR 20710 Manufacture, Sale, Possession, etc., Shobi-zue CR 20810 Commercially Manufacture/ Import/ Export/ Sale Knives Not Detectable by a Metal Detector
CR
20910 Manufacture, Sale, Possession, etc., Writing Pen Knife CR 21110 Manufacture, Sale, Possession, etc., Ballistic Knife CR 21710 Commercially Manufacture/ Import/ Sale Composite Knuckles or Hard Wooden Knuckles
CR
21810 Manufacture, Sale, Possession, etc., Metal Knuckles CR 22010 Manufacture, Sale, Possession, etc., Nunchaku CR
22210 Manufacture, Sale, Possession, etc., Leaded Cane, Billy, Blackjack, Sandbag, Sandclub, Sap or Slungshot
CR
22410 Manufacture, Sale, Possession, etc., Shuriken CR
22900 Sale, Possession, etc. Tear Gas Weapon CR
23920 Purchase/Sale/Possession/Transfer Unmarked Firearm CR 24310 Manufacture, Sale, Possession, etc., Camouflaging Firearm Container
CR
24410 Manufacture, Sale, Possession, etc., Cane Gun CR
24510 Manufacture, Sale, Possession, etc., Firearm Not Readily Recognizable as a Firearm
CR
24610 Manufacture, Sale, Possession, etc., Undetectable Firearm CR 24710 Manufacture, Sale, Possession, etc., Wallet Gun CR 25850 Carrying a Loaded Firearm in Public MR
24 PENAL CODE

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
29180(g) Possession of Firearm Without Serial Number MR 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 Manufacture, Sale, Possession, etc., Ammunition with Flechette Dart or Bullet With Explosive Agent
CR
31500 Manufacture, Sale, Possession, etc., Unconventional Pistol BR 32310(a) Manufacture, Sale, , etc., Large Capacity Magazines BR 32311 Manufacture, Sale, , etc., Large Capacity Magazine Conversion Kits BR 32900 Manufacture, Sale, Possession, etc., Multiburst Trigger Activator CR 33215 Manufacture, Sale, Possession, etc., Short-barreled Shotgun or Rifle
CR
33600 Manufacture, 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

VEHICLE CODE
25 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
2468 Ct. (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
26 VEHICLE CODE
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 9872.1 + Ct. (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 10750(a + t CR. ) Unauthorized Alteration of Vehicle Numbers or Identification 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

VEHICLE CODE
27 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
28 VEHICLE CODE
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 16560(a,b + Ct. ) 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

VEHICLE CODE
29 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 30 VEHICLE CODE
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

VEHICLE CODE
31 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 31607(a Ct. ) Inspection Required CR
31609 Reco Ct. rd of Inspection CR
31610(a Ct. -e) Improper Equipment, Maintenance CR
31611 Ct. Improper/ Lack of Maps of Route CR
31612 Carry and Display Shipping Ct. Instructions CR
+
Ct.
31613 Prohibited Cargoes CR
31614 Ct. (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
32 VEHICLE CODE
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 CR Material 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

VEHICLE CODE
33 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 RailroadHighway 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
34 VEHICLE CODE

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. 35 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:
36 • Violent felonies as described in Penal Code section 667.5(c), but not 460(a); • Serious felonies as described in Penal Code section 1192.7(c) (including those listed in Penal Code section 1192.8);
• Violations of Penal Code sections 136.1(c), 243(e)(1), 273.5, 422 (as a felony), and 646.9; and
• Violation of Penal Code 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.

FELONY BAIL SCHEDULE
Rev. September 12, 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____________________10 D. STATE CODES
a. PENAL CODE ______________________________________________11 b. VEHICLE CODE ____________________________________________21 c. HEALTH AND SAFETY CODE _________________________________21 d. BUSINESS AND PROFESSIONS CODE _________________________23 E. SENTENCE ENHANCING ALLEGATIONS ______________________________24 II. RELEASE CONSIDERATIONS FOR JUDICIAL OFFICERS
A. How to Use the Schedule ____________________________________________25 B. Arrest Warrants ___________________________________________________25 C. Determining Financial Conditions of Release at Arraignment or Future Court Proceedings ______________________________________________________25 D. Penal Code Section 1270.1 __________________________________________25 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 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 nonfinancial 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 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).
5 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:

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) bail 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. As set forth further below, magistrates will consider the available information to determine whether to release an arrestee on their own recognizance with no conditions, release them on their own recognizance with the least restrictive non-financial conditions, or defer consideration of release until arraignment under limited circumstances. 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 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 “PreArraignment 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.

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. Applying the factors set forth in Penal Code section 1275, and Article I, sections 12 and 28, the magistrate will consider known facts about the offense and the arrestee as well as a risk assessment report in deciding to (1) release the arrestee on their own recognizance; (2) release the arrestee upon $0 money bail and non-financial conditions of release that are the least restrictive conditions reasonably related to the crime that are necessary to assure their appearance at court and the safety of the public and victim; or (3) defer until arraignment consideration of the arrestee’s release, if the magistrate finds by clear and convincing evidence based on the available information that "public or victim safety, or the arrestee's appearance in court, cannot be reasonably 7 assured” if they are released with nonfinancial conditions. (In re Humphrey (2021) 11 Cal.5th 135, 154.)
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, further consideration of the arrestee’s release will be deferred until arraignment.

Pre-arraignment orders pertaining to release and conditions are not binding upon the court at arraignment. The judicial officer presiding over the arraignment 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 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, prearraignment 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 8 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 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.

8. UNLISTED FELONIES
For all offenses charged as felonies under state statutes, for which there is no protocol provided in this schedule, including unlisted subdivisions, the bail shall be set at zero dollars ($0) and the offense designated as BR. This section does not include crimes listed in Penal Code section 1270.1(a). Crimes chargeable as either a felony or misdemeanor (“wobblers”) under state statutes or municipal or agency ordinances are provided for in the Misdemeanor Bail Schedule.

9. BAIL DEVIATION
Pursuant to Penal Code section 1269c, bail deviation is available to process all bail increase and decrease requests for persons who have been arrested (other than pursuant to an arrest warrant) but not arraigned.

Law Enforcement requests to increase bail shall be made within two hours of booking and must comply with Penal Code section 1269c. That section sets forth the procedures and instances when upward bail deviation is appropriate. It is available:
a. As to those individuals arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order, and; b. When 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.

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 9 a magistrate . . . requesting an order setting a higher bail.” (Penal Code, §1269c.) If applicable, Law Enforcement shall also communicate to the Probation Department within two hours of booking: (1) Whether an enhancement to an offense is being sought; and/or (2) whether the arrestee, booked on an offense designated as CR or BR, is an exception from the release protocol due to their being on a grant of Parole, or Post Release Community Supervision (PRCS) requiring magistrate review for the booked offense.

All requests to increase or decrease bail shall be called in, within two hours of booking, at (213) 351-0373 or (800) 773-5151. Hours of operation are 6:30 a.m. to 1:30 a.m.

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 a magistrate for review.

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]
11 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
146a(b) Impersonating an Officer MR
148(b) Taking a Weapon from a Peace Officer MR
148(c) Taking a Firearm from a Peace Officer MR
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
12 PEN. CODE § OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
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
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
13 PEN. CODE § OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
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
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
244.5(b), (c) Use of Stun Gun or Taser on Any Person MR 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
14 PEN. CODE § OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
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
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
15 PEN. CODE § OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
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
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
16 PEN. CODE § OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
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
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
17 PEN. CODE § OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
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
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 (A Non-1270.1(a)(1) crime)
First Degree with Person Present
Inhabited Dwelling, no Person Present
V
S
667.5(c)(21)
1192.7(c)(18)
MR $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 18 PEN. CODE § OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
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
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
19 PEN. CODE § OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
502(c)(1)-(7) Unlawful Access, Data
Usage/Damage/Deletion/Alteration, Nonpermitted Use, Denial of Service BR
502(c)(8) Introduction of a Contaminant MR
502(c)(10)-
(14)
Government Computer System or Public
Safety Infrastructure
MR
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(b)(1) Vandalism, Damage of $400 or More BR
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 Same as substantive 20 PEN. CODE § OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
by State Prison
Except for attempted murder
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
Inmate
S 1192.7(c)(13) $25,000
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
21 PEN. CODE § OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
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
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
33410 Possession of Silencer 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
BR
22 HEALTH &

SAFETY CODE OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
Withdrawal or Rescission of, Request
For Aid-In-Dying Drug to End Life
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
Classified
Controlled Substances With Qualifying
Prior Conviction(s)
BR
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
BR
23 HEALTH &

SAFETY CODE OFFENSE

SERIOUS
OR

VIOLENT

CITATION PRE-ARRAIGNMENT

RELEASE PROTOCOL
Controlled Substance
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
Substances While Armed With a Loaded
Firearm
MR
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 NEthylamphetamine
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 NEthylamphetamine
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
24 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
25 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-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.

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.

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 Penal Code section 667.5(c), but not 460(a); 26 2. Serious felonies as described in Penal Code section 1192.7(c) (including those listed in Penal Code section 1192.8);

3. Violations of Penal Code sections 136.1(c), 243(e)(1), 273.5, 422 (as a felony), and 646.9; and

4. Violation of Penal Code 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.

EXHIBIT B
https://www.westsidecurrent.com/news/debate-over-zero-bail-system-intensifies-in-los-angeles-county-amidsafety-concerns/article_3a287b2c-5cc2-11ee-ad40-d3fca2991b37.html

FEATURED
Debate Over Zero Bail System Intensifies in Los Angeles County Amid Safety Concerns
CNS
Sep 26, 2023
Photo: Wiki Commons
LOS ANGELES - Law enforcement officials and some residents continued to express safety concerns Tuesday about the imminent implementation of zero bail in Los Angeles County, but backers of the plan told the Board of Supervisors that misinformation about the system is leading to unfounded perceptions that crime will increase and criminals won't be held accountable. "Our communities have not been shy about telling us how nervous they are about this change," Sheriff Robert Luna told the board, saying crime victims who see offenders immediately released from custody are left with little confidence in the criminal justice system. He said he respects the need to respect constitutional rights of arrestees, but zero-bail can demoralize deputies and police officers who work hard to make arrests, only to "watch the offender walk away with a citation as the victim looks on in disbelief." But Supervisor Holly Mitchell said the zero-bail system taking effect Sunday does not mean criminals are escaping punishment for their offenses.
"It's really dangerous for us to conflate bail with accountability," Mitchell said, adding later: "Bail means I have the resources to pay my way out of jail."
The zero-bail system, officially dubbed by the Los Angeles Superior Court as Pre-Arraignment Release Protocols, or PARP, will take effect Sunday. The system will largely eliminate the existing cash bail system for all but the most serious of crimes. Most people arrested on suspicion on non-violent or non- serious offenses will be either cited and released in the field or booked and released at a police or sheriff's station with orders to appear in court on a specific date for arraignment once they are actually charged with a crime. Arrestees in such cases who are believed to present a heightened threat to the public or flight risk will be referred to a magistrate judge, who will review the case and determine if the person should be held in custody pending arraignment or released under non-financial restrictions or monitoring.

Once a person is charged and appears in court for arraignment, a judge could then change the defendant's release conditions.

The new system is borne from long-held criticism that cash bail favored the rich, meaning well-heeled people arrested for even the most serious of crimes could pay their way out of jail, while low-income people languished behind bars for far lesser offenses. The new system is based not on cash, but on the risk an offender presents to public safety or the possibility the person might fail to appear in court.

The county implemented a zero-bail system during the COVID-19 pandemic in an effort to prevent crowding in jails. Then in May, a Los Angeles judge issued a preliminary injunction essentially reinstating the system by ordering an end to cash bail by the Los Angeles police and sheriff's departments.

The Los Angeles Superior Court in July announced plans for the PARP system, with Presiding Judge Samantha Jessner saying, "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." But the idea of zero-bail has generated public safety questions -- with some county supervisors noting Tuesday their offices have been swamped with calls from residents concerned about the system, particularly following a recent wave of mob-style smash-and-grab burglaries and reports of arrestees being quickly released and reoffending.

Some residents spoke at Tuesday's meeting in opposition to the zero- bail system, saying the county should "think this through before implementing" it. Another claimed the system implemented during the pandemic "didn't work" and that other jurisdictions that have tried it saw jumps in crime.

But others spoke in favor, calling suggestions that crime will increase "fear mongering" and accusing opponents of manufacturing statistics in an effort to "sustain the current policies that do not work." A report prepared by the county last year analyzing the impacts of the pandemic-era zero-bail policy concluded that "rates of failure to appear in court and of rearrest or new offenses remained either below or similar to their historical average."
The Judicial Council of California also released a recent report finding that a risk-based zero-bail system actually led to increased public safety, with a 5.8% drop in people being rearrested for misdemeanors and a

2.4% decrease in people being rearrested for felonies.

David Slayton, the CEO of Los Angeles Superior Court, told the Board of Supervisors those percentages may seem small, but they represent an "impactful reduction in re-arrest rate." Echoing Mitchell's comments, Slayton flatly denied that the new system means there are no consequences for crime, noting that people who fail to appear in court, re-offend while on release or violate their release conditions will be subject to arrest and jail.
"There are consequences for illegal behavior," he said, noting that the idea of bail has always been to ensure people show up in court, not to punish people, and a risk-based decision on pre-arraignment detention serves the same goal.

Mitchell noted that while it might be upsetting if a person released on zero bail commits a new crime, its equally upsetting when that crime is committed by a person who posted cash bail solely because they had the money to do so.

Supervisor Janice Hahn conceded the concern circulating among the public about the new system. "This new bail schedule certainly is an attempt at justice reform, which I think we've all been pushing for, but it is so different and it is certainly causing a concern and anxiety out there, not only with law enforcement ... but also from our communities," she said. " ... And I can't be the only one whose having my office inundated with calls and when I'm out publicly I have people approaching me who are very concerned about this."
Supervisor Kathryn Barger also said her office is hearing from concerned constituents. "Residents don't feel safe. One only has to turn on the TV each morning and hear what happened the day before, whether it be a smash-and-grab, a carjacking, a burglary, an armed robbery ... and people what to know how this is going to impact crime on the street."
Barger said she fully understands the problems with cash bail, but it's a matter about how to explain to the public what the new system is working to accomplish, and "how are we going to make sure that criminals out there don't feel there are no consequences."
The board asked court officials to return in about six months to report on the impacts of the program.

Diamond Bar City CouncilOctober 17, 2023

Diamond Bar City Council
October 17, 2023