Attachment A
Public Safety Committee
May 10, 2022
Local Rules of the Superior Court of California, County of Alameda Title 4. Criminal and Traffic Rules
Chapter 2. Criminal Rules
Rule 4.115 – Emergency Rule Adopting Temporary Emergency Bail Schedule
During the COVID-19 crisis, and as authorized by the Chairperson of the Judicial Council, the Alameda County Superior Court 2021 Bail Schedule is suspended, except as otherwise indicated below, and the emergency bail schedule set forth in this rule is adopted.
(a) Bail for misdemeanor and felony offenses
Bail for all misdemeanor and felony offenses will be set at $0, with the exception of only the offenses listed below, where bail will be set pursuant to the Alameda County Superior Court 2021 Bail Schedule:
:
(1) A serious felony, as defined in Penal Code section 1192.7(c), or a violent felony, as defined in Penal Code section 667.5(c);
(2) A felony violation of Penal Code section 69;
(3) A violation of Penal Code section 166(c)(1);
(4) A violation of Penal Code section 136.1 when punishable under section 136.1(c);
(5) A violation of Penal Code section 236.1;
(6) A violation of Penal Code section 262;
(7) A violation of Penal Code sections 243(e)(1) or 273.5;
(8) A violation of Penal Code section 273.6 if the arrestee made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party;
(9) A violation of Penal Code section 417(c);
(10) A violation of Penal Code section 417.3 where the offense is punishable Attachment A
Public Safety Committee
May 10, 2022
as a felony;
(11) A violation of Penal Code section 422 where the offense is punishable as a felony;
(12) A violation of Penal Code section 626.9;
(13) A violation of Penal Code section 646.9;
(14) A violation of an offense listed in Penal Code section 290(c); (15) A violation of Vehicle Code sections 23152 or 23153; (16) A felony violation of Penal Code section 463;
(17) A felony violation of Penal Code section 25400(c)(1) – (c)(6);
(18) A felony violation of Penal Code section 25850(c)(1) – (c)(6); (19) A violation of Penal Code section 29800;
(20) A felony violation of Penal Code section 29805;
(21) A felony violation of Penal Code section 29815;
(22) A felony violation of Penal Code section 29820;
(23) A felony violation of Penal Code section 29825;
(24) A felony violation of Penal Code section 29900;
(25) A violation of Penal Code section 30305;
(26) A violation of Penal Code section 30600;
(27) A violation of Penal Code section 30605;
(28) A violation of Penal Code section 32625;
(29) A violation of Penal Code section 33215;
(30) A violation of Health and Safety Code section 11370.1; and
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Public Safety Committee
May 10, 2022
(31) A misdemeanor or felony violation alleged to have been committed when the arrestee had been previously released on their own recognizance or pursuant to $0 or other monetary bail.
(b) Bail for infraction offenses
Bail for all infraction offenses will be set at $0.
(c) Bail for violations of post-conviction supervision
(1) Misdemeanors
Bail for all violations of misdemeanor probation, whether the arrest is with or without a bench warrant, will be set at $0.
(2) Felonies
(i) Bail for all violations of felony probation, parole, post-release community supervision, or mandatory supervision, in which the original, underlying conviction was the same as one or more of those listed in exceptions (a)(1) through (a)(31) above, will be set at the amount listed in the Alameda County Superior Court 2021 Bail Schedule for that conviction, including any enhancements.
(ii) Violations for failure to comply with terms of felony supervision, including felony probation, parole, or post release community supervision, that do not include as the basis of the petition the commission of a new offense otherwise provided for above will be set at $5,000 (unless this emergency bail schedule mandates setting bail at $0.00), unless there is a timely bail request pursuant to Penal Code section 1269c per subsection (c)(4) below and emergency Local Rule 4.116.
(iii) Where (i) there is a violation for failure to comply with the terms of felony supervision—including felony probation, parole, or post release community supervision—that is based on the commission of a new offense, and (ii) this emergency bail schedule otherwise mandates setting bail at $0 or $5,000, any peace officer making a related bail request pursuant to Penal Code section 1269c must timely comply with emergency Local Rule 4.116. Only upon timely compliance will the supervision violation based on the Attachment A
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May 10, 2022
commission of a new offense be forwarded to the Probation Department for the completion of a risk assessment.
(d) Ability to deny bail
Nothing in this emergency bail schedule restricts the ability of the Court to set or deny bail as authorized by article I, sections 12 or 28(f)(3) of the California Constitution, including when setting bail on arrest warrants.
(e) Clarification regarding $0 bail
Setting $0 bail is intended to authorize the citation and release of arrestees. It is not the same as declining to set bail or entering a “no bail” order. Accordingly, if necessary for
technical reasons, law enforcement agencies may enter a bail amount of $0.01 in their case management systems for any offense that would otherwise have a bail amount of $0 under this emergency bail schedule.
Rule 4.115 amended effective March 22, 2021; previously amended June 20, May 21, April 22, April 8 and April 3, 2020; adopted effective April 3, 2020.