2020 FELONY BAIL SCHEDULE - California

Transcription

Superior Court of CaliforniaCOUNTY OF ALAMEDA2020 FELONY BAIL SCHEDULECONTENTS#M-F Felony WobblerPAGE #General Principles of Bail and Pretrial Release.2Penal Codes3Penal Codes Gang Enhancements12Penal Enhancements12Prior Convictions13Health and Safety Codes13Insurance Codes16Vehicle Codes161Effective Date 03/15/2020

General Principles of Bail and Pretrial Release.1. The purpose of this bail schedule is to fix an amount upon which a person who is arrested without a warrant may be released from custody prior to appearance in court.Penal Code Section 1269b requires the Superior Court Judges of every county to prepare, adopt and annually revise a uniform schedule of bail for all felony andmisdemeanor offenses. Section 1269b instructs the judges to consider the seriousness of the offense in adopting the bail schedule. An individual arrested and booked intoSanta Rita jail may be released on his or her own recognizance (OR) prior to appearing in court in one of two ways: the deputies at the jail may release certain eligibleindividuals on their promise to appear on a future court date or a judicial officer may release an individual pursuant to the pre-trial release program administered by theAlameda County Probation Department. Penal Code Section 1270.1 requires a court hearing before anyone arrested for certain offenses can be released on (a) his or herown recognizance, or (b) on bail in an amount that varies from the established county bail schedule. Individuals arrested for the following charges are ineligible for precourtappearance release: A “serious felony” as defined in Penal Code section 1192.7(c).A “violent felony” as defined in Penal Code section 667.5(c), except for a residential burglary under Penal Code section 460(a).Penal Code section 136.1(c) (preventing or dissuading testimony), if a felony.Penal Code section 243(e)(1) (dating-partner battery), if a misdemeanor or felony.Penal Code section 262 (spousal rape), if a misdemeanor or felony.Penal Code section 273.5 (spousal battery) if a misdemeanor or felony.Penal Code section 273.6 (violation of a domestic violence protective order) a misdemeanor.Penal Code section 422 (terrorist threats), if a felony.Penal Code section 646.9 (stalking) if a misdemeanor or felony.2. After a defendant's first appearance in court, the amount of bail or whether to release someone on their own recognizance will lie within the sound discretion of the court.If the court does set bail it may be greater or less than the amount set forth in this bail schedule subject to the provisions of Penal Code Section 1275. In setting bail thejudge is required under Section 1275 to consider the protection of the public, the seriousness of the offense charged, the previous criminal history of the defendant and theprobability of his or her appearing at a future court hearing. Public safety is the primary consideration in setting bail.3. Persons not entitled to be released on bail are those charged with the following crimes: capital offenses (such as murder with special circumstances) and certain violentfelony offenses "when the facts are evident or the presumption great" and the court finds by clear and convincing evidence that there is a substantial likelihood the person'srelease would result in either great bodily harm to others or the person has made a threat to do great bodily harm to another and there is a substantial likelihood that theperson would carry out the threat if released. Individuals who are on felony probation and are charged with violating their probation are not normally eligible for release onbail.4. Where a judicial officer sets bail, and multiple offenses are charged, bail shall not be "stacked" if the provisions of 654(a) would prohibit multiplepunishments for those offenses.#M-F Felony Wobbler2Effective Date 03/15/2020

2020 FELONY BAIL SCHEDULENote: For any offense not listed, bail sentence (midterm) x 5K (minimum 10K)Penal Code 664: Attempts Not Listed One-half the scheduled bail of the completed offense subject to the 10K minimumOFFENSEDESCRIPTIONTYPE #BAILSENTENCEPENAL CODE3237 *6767.5686976859293115118(126)127128 *136.1(c) *137(b)139140148.10(a)149165182182(a)(6)#M-F Felony WobblerAccessory – After the fact to a felonyTreasonBribery of Executive OfficerBribery of Public Officer or Employee (If theft of thing given or offeredwould be grand theft)FFF20KNo bail25K16-2-3Death/life without parole2-3-4#M-F20K16-2-3Taking BribeResisting Arrest/Threatening OfficerThreats to the Life of an Official or JudgeBribery of Government OfficialBribing Judge or JurorAccepting Bribe by Judge or JurorOffering Forged/False Documents for FilingPerjurySubornation of PerjuryPerjury-Capital CasePreventing or dissuading a victim or witness from testifyingInducing false testimonyThreats of force or violence against witness or victimThreats of force or violence because of assistance to prosecutionResisting officer & causing death or serious BIAssault by Officer Under Color of AuthorityBribery of Councilman, Supervisor, K25K25KNo -42-3-416-2-32-3-42-3-4Death/life without cyFSame as targetfelonySame as target felonyConspiracy to commit any crime against President, Vice President, andothersF100K5-7-93Effective Date 03/15/2020

OFFENSETYPE #BAILSENTENCEF100K235#M-F25K1-2-3Criminal Street Gang ActivityFNo bail untilset by court.186.26(a)Solicitation or recruiting into a street gangF25K16-2-3186.26 Solicitation or recruiting into a street gang with use of forceF50K345#M-FF50KNo Bail16-2-3Death, life without parole186.11(a)(1)186.22(a)186.22 (b)(4)DESCRIPTIONAggravated White Collar Crime enhancementParticipation in a street gang186.28187 *Transferring control of firearm to gang memberMurder with special circumstances187 *Murder, First or Second DegreeFNo bail untilset by court.15-25 to lifeAttempted MurderFNo bail untilset by court.Life with possibility of parole or 5-7-9190(c)Second Degree Murder of a Peace OfficerFNo BailLife w/o possibility of parole.191.5Gross Vehicular Manslaughter with gross negligenceF200K4-6-10191.5Vehicular Manslaughter while intoxicated w/o gross negligenceF -4-64-6-102-4-8187/664*192(a) *192(b)192(c)(1)192(c)(3)203 *ManslaughterInvoluntary ManslaughterVehicular Manslaughter with gross negligenceVehicular Manslaughter knowingly caused for financial gainMayhem205 *Aggravated MayhemFNo bail untilset by court.Life206 *TortureFNo bail untilset by court.LifeKidnappingKidnapping child under 14 for the purpose of a lewd actFF100K500K3-5-85-8-11Kidnap for ransom, robbery or sex offenseFNo bail untilset by court.Life/life without parole207(a) *207(b) *209 *#M-F Felony Wobbler4Effective Date 03/15/2020

OFFENSEDESCRIPTIONTYPE #209.5 *Kidnap during commission of a carjackingF211 *Robbery (second)Personal use of a firearm (PC 12022.53(b))FDischarge of a firearm (PC 12022.53 )Personal use of a firearm GBI (PC 12022.53(d))Infliction of great bodily injury (PC 12022.7)Use of a deadly weapon (PC 12022(b)(1))Armed with firearm in commission of crime (PC 12022(a)(1))211 * (212.5)(a) Robbery (first)213(b) *Attempted Robbery215 *Carjacking217.1(a)Assault on Government OfficerFFF#M-FBAILSENTENCENo bail untilset by court.50KAdd 100K2-3-510 yearsAdd 200KAdd 500KAdd 50KAdd 50KAdd 25K100K25K100K100K20 years25 to life3 years1 year1year3-4-616-2-33-5-916-2-3LifeAttempted murder of Government OfficerFNo bail untilset by court.15-life218 *Derailing or wrecking a trainFNo bail untilset by court.Life without parole219 *Train wreck with deathFNo bail untilset by court.Death or life without possibility of paroleThrowing missile at common carrier with intent to wreck and without deathF40K2-4-6220 *Assault with rape, rape in concert, sodomy, lewd and lascivious acts, oralcopulation, penetration with foreign objectF100K2-4-6220(b)Assault with Intent of Sexual Assault during 1st Degree BurglaryF217.1(b) *219.1 *222236236.1(a)Administering Drugs to Aid FelonyFalse imprisonmentHuman Trafficking236.1(b)Sex trafficking: deprivation or violation of personal liberty.236.1(c)(1)236.1(c)(2)241243(c)243(d)#M-F Felony WobblerF#M-FFFSex trafficking: causes, induces or persuades.Sex trafficking: force, violence or fear.Assault - Upon Peace OfficerBattery on police officer or firefighter, etc., with injuryBattery against anyone with serious bodily injuryF#M-F#M-F#M-F#M-F5No bail untilset by court.20K20K250kNo bail untilset by court250kNo bail until25K50K50KLife with possibility of 16-2-32-3-4Effective Date 03/15/2020

OFFENSETYPE #BAILSENTENCEBattery on a custodial officerSexual BatteryF#M-F25K50K16-2-32-3-4Battery against a juror with injury#M-F50K16-2-3F#M-F#M-F#M-F245(a)(2) *245(a)(3) *245(a)(4)245(b) *245(c) *245(d)(1) *245(d)(2) *Assault with caustic chemicalAssault with a stun gun or taserAssault with a stun gun or taser against police officer or firefighterAssault with a deadly weapon or force likelyPersonal Use of a Firearm (12022.5(a))Infliction of great bodily injury (PC 12022.7)Use of a deadly weapon (PC 12022(b)(1))Armed with firearm in commission of crime (PC 12022(a)(1))Assault with a firearmAssault with a machine gunAssault by means of force likely to produce great bodily injuryAssault with a semi-automatic rifleADW on police officer or firefighterAssault on police officer or firefighter with firearmAssault on police officer or firefighter with a semi- automatic rifle#M-FF#M-FFFFF50K30K50K30KAdd 75KAdd 50KAdd 50KAdd -4-103 years1 year1 year2-3-44-8-122-3-43-6-93-4-54-6-85-7-9245(d)(3) *Assault on police officer or firefighter with machine gun or assault -4-63-6-8243.1243.4(a)-(d)243.7244 *244.5(b)244.5(c)245(a)(1) *245.2245.3245.5(b) *245.5(c)246 *246.3261(a)1-(a)7 *261.5(c)261.5(d)262 *264.1 *266h266i266j#M-F Felony WobblerDESCRIPTIONADW on public transit employeeADW on custodial officerAssault with firearm on school employeeAssault on school employee with taser or stun gunShoot inhabited dwelling or inhabited carNegligent Discharge of a FirearmRapeUnlawful Sexual IntercourseUnlawful Sexual Intercourse with a minorSpousal RapeRape in Concert w/Force & ViolencePimpingPanderingProcurement of child6Effective Date 03/15/2020

OFFENSE269 *273a(a)273.5 *278285286(b)(1)286(b)(2)286(c) *286(c)(2)(b)286(d) *286(e) *286(f) *286(g) *286(i)286(j)286(k)287(b)(1)287(b)(2)287(c)(1)287 (2)(A)287 (2)(B)287 (2) 287(d)(2)287(d)(3)287(g)-(k)288(a) *288(b)288(c)(1)288.2288.3#M-F Felony WobblerDESCRIPTIONTYPE #BAILSENTENCEChild abuse or endangermentSpousal Abusewith prior conviction#M-F#M-FNo bail untilset by court.100K50K100KInfliction of GBI in domestic relationship (12022.7)Personal Use of a Firearm (12022.5(a))Personal use of a deadly weapon (12022(b)(1))Child StealingIncestSodomy - If victim under 18Sodomy - If victim under 16 and defendant over 21Sodomy (force) under 14 and 10 years younger than defendantSodomy of minor under with force and violenceSodomy in concert with force, violence or fearSodomy - If committed in S.P. or C.J.Sodomy of unconscious victimSodomy of mentally incapable victimSodomy on intoxicated personSodomy by fraudulent belief was spouseSodomy by threat of authorityOral cop - If victim under 18Oral cop - If victim under 16 and defendant over 21Oral cop - If victim is under 14 and defendant is more than 10 years olderOral cop - with force, fear or duressOral cop - victim under 14 with force, fear and duressOral cop - minor 14 or older with force, fear and duressOral cop - acting in concert and victim is under 14 with forceOral cop - acting in concert and minor victim is 14 or older with forceMiscellaneous acts of oral copulationLewd act with childLewd act with child with forceLewd act with a child between the ages of -53-4-101 ful matter sent to a minorContact communication with minor certain lewd acts#M-FF50k50K2-3-5Aggravated sexual assault of childF715 to life2-4-62-3-4Effective Date 03/15/2020

OFFENSETYPE #BAILSENTENCE288.5 *Continued sexual abuse of childF6-12-16288.7(a)Sexual Intercourse/Sodomy w/child under 10F288.7(b)Oral copulation Sexual Penetration w/child under 10FFFFFM-FFF#M-FF250KNo bail untilset by court.No bail untilset by g) 0311.11(a)DESCRIPTION314(1)337a347(a)Sexual PenetrationSexual Penetration with person under 18 yearsSexual Penetration with person under 16 yearsSexual penetration with minor under 14 and defendant 10 yearsFailure to register per 290-various formsSale of obscene material depicting minorsInvolving minor under 17 in obscene film or performanceAdvertising obscene material depicting minors under 18Possession of matter depicting sexual conduct of child under 18Possession of matter depicting sexual conduct of child under 18 with apriorIndecent Exposure w/prior conviction of P.C. 288 or 314(1)BookmakingWillful contamination of food, etc.368405b417(c)Elder AbuseLynching by means of riotThreatening peace officer with firearm417.3417.6417.8Drawing or exhibiting firearm to person in motor vehicleIntentional weaponinflictionatofseriousbodily injury with weaponExhibitingpoliceofficer311.11(b)422 *422.7424451(a) *451(b) *451(c) *451(d) *452(a)452(b)452(c)453#M-F Felony WobblerTerrorist ThreatsInterference with Civil RightsEmbezzlement or Falsification or Accounts by Public OfficerArson with GBIArson of inhabited structureArson of structure or forestArson, other propertyUnlawful fire with GBIUnlawful fire of inhabited structureRecklessly Causing Fire, Structure or Forest LandPossession of fire bomb825 to life15 to 2-3Effective Date 03/15/2020

OFFENSE454459 *DESCRIPTIONBurning within area of insurrection, disaster, etc.Burglary – 1st degree459Burglary - 2nd degree463464LootingOpening vault with ry, Intent, Documents of Value, Counterfeiting Seal, UtteringFalsification of RecordsForgery or Counterfeiting Driver’s License or I.D. CardDisplaying or possessing forged Driver’s License or I.D. Card w/Intent toAccomplisha ForgeryForgery, FalseEntries in Records ReturnsForgery or Counterfeiting of Seals, Possession and ConcealmentForged Bills or Notes, Possession or ReceiptFictitious ChecksChecks/Draft/Orders on BanksCounterfeiting of Coin484 / 666Petty theft and defendant is 290 reg or has certain strike prior sex 84i(b)487496502503504514520#M-F Felony WobblerTheft, Diversion of money received for services, labor, material, etc.; Ifamount diverted exceeds 1,000.Embezzlement of funds for constructionCredit cards, 4 or more acquired in violation of P.C. 484(c) in 12-monthperiodCredit card, make card purporting to beCredit Card, sign false nameCredit Card obtained in violation of P.C. 484(e) or forged card, used forobtaining anything of value - If value of goods, etc. received exceeds 400in consecutive 6-month periodsCredit card, fraudulent - merchant furnishing goods with knowledge of - Ifpayment received exceeds 400 in consecutive 6-month periodsCredit card equipment, possession without consent of issuerGrand Theft if value of property is more than 950Receiving stolen property if value more than 950Computer FraudEmbezzlementEmbezzlement, misappropriation by public officersEmbezzlement or defalcation of public fundsExtortion9TYPE -2-316-2-316-2-32-3-4FFFEffective Date 03/15/2020

3626.9(a)646.9(a)*(**)646.9(b)*(**)Identity TheftIdentity theft of 10 or more individualsFiling Fraudulent Insurance ClaimVandalism of 50,000 or moreVandalism of place of worshipBring or possess loaded firearm on school zoneStalkingStalking in violation of restraining orderTYPE 4646.9(c)*(**)Stalking with prior felony 3Same as target felony3-6-92-3-43-5-7Habitual Sexual OffenderFNo bail untilset by court.25 to life667.8(a)Kidnapping to commit sex offenseF100K9 years667.8(b)Kidnapping to commit sex offense of minor under the age of 14 yearsF250K15 yearsMandatory Supervision violationsFViolation of Felony ProbationFExtraditionFParole ViolationsFPost Release Community Supervision violationsFADW--liferF4501Assault with deadly weapon by prison inmateF50K2-3-44501.54502Battery on non-inmate by prison inmatePossession of deadly weapon by prison (c)653j666667.711170(h)(5)1203.215543056 / 3000.0834554500 *#M-F Felony WobblerAnnoying/Molesting a child with a prior convictionSolicitation to commit felony crimeSolicitation to commit murderSolicitation to commit sex crimeSolicitation of minor to commit felony(See 484)10No bail untilset by court.No bail untilset by court.No bail untilset by courtNo Bail untilset by courtNo Bail untilset by courtNo bail untilset by court.9-lifeEffective Date 03/15/2020

187201872518730187401874518750Escape by force or violence[Convicted]Bringing contraband into custodial facilityPossession of drugs in custodySmuggling weapon into jail or prisonTerrorizing by arsonPossession of destructive devicePossession in/near public placesPossess material with intent to make explosivesCarrying or placement in vehicleSale or transportationPossession with intent to injure or destroy propertyExploding destructive device with intent to murderWillfully & maliciously explodes causing bodily injury18755(a)Willfully & maliciously explodes causing 2585026100(b)26100(c)29800(a)(1)Possession firearm - ex-con/narcotic addict2980530305306003060531360(a)32625(a)#M-F Felony -3-42-3-43-5-716-2-32-4-62-3-42-4-62-3-43-5-7Life w/ poss of 50K250K150K250K100k250K1,000,000500KNo bail untilset by courtNo bail untilset by -2-316-2-3FExplosion of destructive device which causes mayhem or great bodilyinjuryPossession of dirk or daggerPossession of metal knucklesPossession of NunchakuPossession of certain weaponsPossession of ShurikenUse of teargas not in self-defenseCarrying a Concealed WeaponCarrying a Loaded FirearmDriver who knowingly allows discharge from vehiclePersonally shooting from motor vehicle18755(b)TYPE #Possession of firearm after conviction of certain misdemeanorsPossession of ammunitionManufacture/transport/sale of assault weaponPossession of assault weaponFelon with body armorPoss

Mar 15, 2020 · The purpose of this bail schedule is to fix an amount upon which a person who is arrested without a warrant may be released from custody prior to appearance in File Size: 334KBPage Count: 16