AGENDA
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
5000 CLARK AVENUE
LAKEWOOD, CALIFORNIA
October 10, 2023, 7:30 p.m.
ADJOURNED MEETING 6:00 p.m.
CLOSED SESSION: EXECUTIVE BOARD ROOM
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code §54957 Title: City Manager
CALL TO ORDER
INVOCATION: Father John Woolway, Saint Pancratius Catholic Church PLEDGE OF ALLEGIANCE: Troop 140
ROLL CALL: Mayor Ariel Pe
Vice Mayor Todd Rogers
Council Member Cassandra Chase
Council Member Steve Croft
Council Member Jeff Wood
ANNOUNCEMENTS AND PRESENTATIONS:
Presentation by Mario Vargas, President-elect, Lakewood Rotary Club Regarding Project Shepherd ROUTINE ITEMS:
All items listed within this section of the agenda are considered to be routine and will be enacted by one motion without separate discussion. Any Member of Council may request an item be removed for individual discussion or further explanation. All items removed shall be considered immediately following action on the remaining items.
RI-1 PERSONNEL TRANSACTIONS - Staff recommends City Council approve report of personnel transactions.
RI-2 REGISTERS OF DEMANDS - Staff recommends City Council approve registers of demands.
RI-3 AMENDMENT NO. 2 TO FUNDING AGREEMENT WITH METRO - LAKEWOOD BLVD REGIONAL CORRIDOR CAPACITY ENHANCEMENT PROJECT - Staff recommends City Council approve Amendment No. 2 to the Funding Agreement with Los Angeles County Metropolitan Transportation Authority dated April 22, 2016, that extends the lapsing date of the project funds to June 30, 2025, and authorize the Mayor to sign the agreement subject to approval of form by the City Attorney.
In compliance with the Americans with Disabilities Act, if you are a qualified individual with a disability and need an accommodation to participate in the City Council meeting, please contact the City Clerk’s Office, 5050 Clark Avenue, Lakewood, CA, at 562/866-9771, ext. 2200; or at [email protected] at least 48 hours in advance to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
Agenda items are on file in the Office of the City Clerk, 5050 Clark Avenue, Lakewood, and are available for public review during regular business hours. Any supplemental material distributed after the posting of the agenda will be made available for public inspection during normal business hours in the City Clerk’s Office. For your convenience, the agenda and the supporting documents are available in an alternate format by request and are also posted on the City’s website at www.lakewoodcity.org City Council Agenda
October 10, 2023
ROUTINE ITEMS: - Continued
RI-4 RESOLUTION NO. 2023-65; RESCINDING A RESOLUTION ESTABLISHING A PHYSICALLY HANDICAPPED PERSONS DESIGNATED PARKING SPACE - Community Safety Commission recommends City Council adopt the proposed resolution authorizing removal of the disabled person designated parking space at 4329 Conquista Avenue.
RI-5 NOTICE OF COMPLETION - CARPET REPLACEMENT IMPROVEMENTS TO THE EXISTING CENTRE PW PROJECT 23-06 - Staff recommends City Council accept the work by Lawrence W. Rosine Co. for “Carpet Replacement to the Existing Centre - PW Project 23-06” in the amount of $32,700 and authorize the City Clerk to file the Notice of Completion for the project.
RI-6 APPROVAL OF SPECIAL EVENT PERMIT FOR PUBLIC DISPLAY OF FIREWORKS - LAKEWOOD HIGH SCHOOL - Staff recommends City Council grant special event permit authorizing Lakewood High School to hold public display of fireworks in accordance with Lakewood Municipal Code Section 3106.
LEGISLATION:
2.1 SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-7; REGARDING BIRD FEEDERS - Staff recommends City Council adopt the proposed ordinance.
REPORTS:
3.1 UPDATE ON LEGAL ACTION REGARDING ZERO BAIL POLICY (PRE-ARRAIGNMENT RELEASE PROTOCOLS) - Staff recommends City Council receive and file the report.
3.2 AUTHORIZATION OF PURCHASE OF SUPER ULTRA-LOW EMISSION AND SERVICE BODY VEHICLES - Staff recommends City Council authorize the City Manager to approve the purchase of eleven (11) Chevy Equinoxes in the amount of $350,000; the purchase of five (5) service body trucks in the amount of $353,000; and an additional 15% to the replacement cost of each vehicle on the equipment replacement list for FY 2023-2024 in view of inflation and the volatility of material prices.
3.3 MEASURE L CITIZENS OVERSIGHT COMMITTEE MEETING #7 UPDATE - Staff recommends City Council receive and file the report.
AGENDA
LAKEWOOD HOUSING SUCCESSOR AGENCY
1. REGISTER OF DEMANDS - Staff recommends Housing Successor Agency approve registers of demands.
ORAL COMMUNICATIONS:
ADJOURNMENT
RESOLUTION NO. 2023-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKEWOOD RESCINDING A RESOLUTION ESTABLISHING
A PHYSICALLY HANDICAPPED PERSONS DESIGNATED
PARKING SPACE WITHIN THE CITY OF LAKEWOOD
THE CITY COUNCIL OF THE CITY OF LAKEWOOD DOES RESOLVE AS FOLLOWS:
SECTION 1. Resolution No. 2005-9 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKEWOOD ESTABLISHING A PHYSICALLY
HANDICAPPED PERSONS DESIGNATED PARKING SPACE
ON THE WEST SIDE OF CONQUISTA AVENUE WITHIN
THE CITY OF LAKEWOOD
is hereby rescinded.
SECTION 5. This resolution has been adopted pursuant to a Community Safety Commission recommendation.
ADOPTED AND APPROVED this 10th day of October, 2023.
______________________________
Mayor
ATTEST:
___________________________________
City Clerk
ORDINANCE NO. 2023-7
AN ORDINANCE OF THE CITY OF LAKEWOOD AMENDING
SECTION 4328 OF THE LAKEWOOD MUNICIPAL CODE
REGARDING BIRD FEEDERS.
THE CITY COUNCIL OF THE CITY OF LAKEWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. The following new language is hereby added at the end of Section 4328 of the Lakewood Municipal Code, which language is declarative of the City’s interpretation and policy that has been in place since the inception of such section:
“This section shall not be construed to prohibit bird feeders, including but not limited to hummingbird feeders, except where the use of such feeders constitutes a nuisance.” SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent authority, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. CONTINUITY. To the extent the provisions of the Lakewood Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.
SECTION 4. CERTIFICATION. The City Clerk shall certify the adoption of this Ordinance and shall post a certified copy of this Ordinance, including the vote for and against same, in the Office of the City Clerk, in accordance with Government Code Section 36933. The City Council hereby finds and determines there are no newspapers of general circulation both published and circulated within the City and, in compliance with Section 36933 of the Government Code, directs the City Clerk to cause the ordinance within 15 days after its passage to be posted in at least three (3) public places within the City as established by Ordinance.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be posted or published as required by law and shall take effect thirty (30) days after its adoption.
2.1 Ordinance No. 2023-7
ADOPTED AND APPROVED this 10th day of October, 2023, by the following roll call vote:
AYES NAYS ABSENT
Mayor Pe
Council Member Chase
Council Member Croft
Council Member Rogers
Council Member Wood
_____________________________
Mayor
ATTEST:
_____________________________
City Clerk
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.
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. 1 Cal. Const., art. I, § 28, subd. (f)(3).
2 Id.
3 United States v. Salerno (1984) 481 U.S. 739, 755 (Salerno). 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 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.
Arrest Warrants – Bail Amounts
At and after the defendant's first appearance, the judicial officer before whom the defendant appears will determine release conditions, if any. (See section II (A) and (C).) A magistrate fixing financial conditions of release pursuant to Penal Code section 815a which requires that a magistrate fix the amount of bail which in their judgment is in accordance with the provisions of section 1275 will be reasonable and sufficient for the appearance of the defendant following his arrest, if the offense is bailable, may use this schedule at the time an arrest warrant is issued.
The amount of bail is within the sound discretion of the magistrate. (See section II (B).) B. How to Use the Pre-Arraignment Release Protocol
The purpose of this protocol is to designate pre-arraignment release orders upon which a person arrested without a warrant may be assessed for release before their appearance in court.
Arrestees booked on crimes listed in Penal Code section 1270.1 are not eligible for non-financial conditions of release pre-arraignment.
Prior to arraignment, the release protocol for each crime will be designated in the column titled “Pre-Arraignment Release Protocol.” Within that designated column, the following abbreviations will refer to the appropriate pre-arraignment protocol for arrestees booked for the referenced crime.
1. CITE AND RELEASE (CR)
People arrested for crimes designated as CR are subject to $0 bail and are not required to provide financial conditions of release unless a designated exception applies as stated in Item 5. Arrestees must promise to appear in court for arraignment 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.
Authorization of Purchase of Super Ultra-Low Emission and Service Body Vehicles October 10, 2023
Attachment A
Unit# Vehicle Tank
Expiration Cost to Replace Funding Source Account #
6 2007 Toyota Prius - $ 35,000 AQMD 30006900-58200
8 2012 Honda Civic 27-Feb $ 35,000 AQMD 30006900-58200
51 2012 Honda Civic 27-Feb $ 35,000 AQMD 30006900-58200 52 2012 Honda Civic 27-Feb $ 35,000 AQMD 30006900-58200 53 2012 Honda Civic 27-Apr $ 35,000 AQMD 30006900-58200 54 2012 Honda Civic 27-Apr $ 35,000 AQMD 30006900-58200 55 2012 Honda Civic 27-May $ 35,000 AQMD 30006900-58200 56 2012 Honda Civic 27-May $ 35,000 AQMD 30006900-58200 502 2012 Honda Civic 27-Dec $ 35,000 AQMD 30006900-58200 586 2006 Dodge Grand Caravan - $ 35,000 AQMD 30006900-58200 702 2015 Honda Civic 29-Aug $ 35,000 AQMD 30006900-58200 248 2013 Chevrolet K2500 26-Jan $ 70,000 GF 101077400-58200 591 1995 Ford F-150 - $ 70,000 GF 10106300-58200
596 1995 Ford F-150 - $ 70,000 GF 10106300-58200
508 2004 Ford F-250 Feb-36 $ 73,000 GF 10106300-58200
523 2011 Chevrolet K2500 26-Jun $ 70,000 GF 10106300-58200