2021 Bail Schedule - California

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Superior Court of CaliforniaCounty of VenturaHall of Justice800 South Victoria AvenueVentura, California 93009Bruce A. Young, Presiding JudgeKevin G. DeNoce, Assistant Presiding JudgeMichael D. PlanetExecutive Officer/Clerkand Jury Commissioner2021Bail ScheduleFor questions regarding the bail schedule, call Court Administration at (805) 289-8521Mailing Address: P.O. Box 6489, Ventura, California 93006-6489

SUPERIOR COURT OF CALIFORNIACOUNTY OF VENTURABAIL SCHEDULECONTENTSPageRULES OF APPLICATION. 2FELONIESPenal Code . 5Harbors and Navigational Code. 15Health and Safety Code . 15Vehicle Code . 16Welfare and Institutions Code . 17FELONY ENHANCEMENTSPenal Code . 18Health and Safety Code . 23Insurance Code . 25Vehicle Code . 26MISDEMEANORSPenal Code . 27Business and Professions Code . 29Health and Safety Code . 29Vehicle Code . 301

RULES OF APPLICATIONIntroduction: The Ventura Superior Court has adopted the attached uniform countywide bailschedule pursuant to Penal Code §1269b. It sets the presumptive bail amount, which isapplicable to warrantless arrestees until such time as a judge reviews the issue. When anarrest occurs pursuant to a warrant and the suspect is only booked on the warrant, bail shall beset in the amount of the warrant, unless otherwise ordered by a judge. The following rulesprovide guidance and establish procedures for implementation of the schedule.1.Check felony bail schedule first. Some offenses listed on the misdemeanor schedulehave subdivisions, which are felonies. The felony schedule applies to arrests under afelony subdivision. Example: Penal Code §273.6(d) is a felony listed on the felony bailschedule ( 20,000); all other subdivisions of Penal Code §273.6 fall under that listing onthe misdemeanor schedule ( 10,000).2.Listed section numbers include unlisted subdivisions. Examples: (1) On thefelony schedule Penal Code §261; 2) On the misdemeanor schedule Penal Code §422.6.3.Bail amount for unlisted offenses: Felonies– 10,000 17(b) misdemeanors*– one-half the felony bail Other misdemeanors– 2,500 *NOTE:Penal Code §17(b) provides that the District Attorney or court candeclare “wobbler” offenses to be misdemeanors. At the booking stage, the Felony BailSchedule applies to all wobbler offenses.4.Bail amount when suspect booked for violation of probation: Felony probations– No Bail Misdemeanor probations – 5,0005.Attempts, accessories, conspiracies and solicitations: The schedule shall be thesame as the target offense, but no less than the amount listed in the bail schedule. SeePenal Code §§32, 182, 653f, 653j, 664. Example: The bail for conspiracy to commit amisdemeanor would be no less than 20,000.6.Crimes committed while on bail, OR, and stays of jail time:Double standard bail for new offense, whether felony or misdemeanor.7.Crimes committed while on probation or diversion (including juvenile cases),suspect not booked on VOP: Add 5,000 for each misdemeanor probation or diversion Add 10,000 for each felony probation or diversionNOTE: This bail increase applies whenever booking officer has reasonable cause tobelieve probation exists, including by admission of the arrestee. Example: Suspectbooked for felony DUI is still on probation for two prior misdemeanor DUIs; the 20,000bail for felony DUI would be increased to 30,000 by adding 5,000 for each probation.2RULES

8.Multiple offenses: Normal rule: highest amount for most serious offense Exception for multiple victims of violent crimes: sum of highest amount for mostserious offense against each victim, not to exceed 500,000. Exception for multiple acts of violent crimes committed on separate occasions: sum ofthe highest for each occasion, not to exceed 500,000.9.Felony enhancements: Where any of the listed enhancements are present, the bailshall be set at the sum of the amount for the most serious offense and the amount of theenhancement. When the classification deputy is aware of facts, which appear to qualifyas an enhancement, the bail amount should be set accordingly and the facts andapplicable bail should be explained to the on-call magistrate. Examples: (1) Suspectbooked for second-degree robbery during which he personally shot and wounded thevictim; bail schedule is 300,000 [ 50,000 for Penal Code §211 plus 250,000 for PenalCode §12022.53(d)]. (2) Suspect booked for petty theft with a prior (Penal Code §666)has two prior convictions for offenses listed in Penal Code §667.5(c) or §1192.7(c); bailschedule is 260,000 [ 10,000 for the section 666 violation, plus 250,000 for the PenalCode §667(e)(2)(A) third strike enhancement].10.Bail increase declarations: Penal Code §§810(b) and 1269c require that informationrelated to requests for own recognizance release or bail less than the schedule beforwarded to the on-call magistrate. All law enforcement agencies are requested to makeavailable on request to arrestees and their attorneys, relatives, or friends Superior CourtForm 3000, “Declaration in Support of Motion to Set Bail Below Schedule or for OwnRecognizance Release.” Completed forms should be forwarded to the classification deputyat the Ventura County Jail, who will relay the information to the on-call magistrate.Requests to speak directly with the magistrate should be relayed to the magistrate by theclassification deputy. The individual magistrate will decide how to proceed from there, butthe purpose of the form is to make most such contacts unnecessary.11.Challenges to source of bail: Effective January 1, 1999, a peace officer or prosecutormay challenge the source of bail in any case rather than only in drug cases. When such adeclaration is filed, or when the classification deputy is aware of facts suggesting afelonious source, bail should not be accepted until the on-call magistrate is contacted.This contact must occur within 24 hours of the filing of the declaration. If the magistratefinds probable cause that bail has been feloniously obtained, bail must not be accepteduntil the arrestee proves a legitimate source of bail to the magistrate or in court. If noprobable cause is found, normal release procedures apply. See Penal Code §1275.1.12.Special rule for serious and violent felonies, stalking, and misdemeanordomestic violence: For any offense listed in Penal Code §1270.1(a), release beforearraignment on bail either more or less than the bail schedule amount is forbidden. Thiscode section is confusing, but appears to allow pre-arraignment release if the on-callmagistrate sets bail at the schedule amount. If a higher or lower amount is set or if3RULES

Own Recognizance (O.R.) release is granted, the arrestee cannot be released beforearraignment even if bail is posted. If a dangerous situation presents itself, the on-callmagistrate should be contacted immediately. Example: Shortly after magistrate sets bailon “routine” spousal battery (Penal Code §273.5) at the schedule of 20,000, the frightenedvictim calls and reveals that earlier this same day she testified against this same defendantin a felony stalking prosecution in Los Angeles for which the current battery was aretaliation. Before 20,000 bail is accepted, this new information should be revealed to theon-call magistrate. If the magistrate increases bail, the suspect cannot be released prior toarraignment. If the magistrate leaves bail at 20,000, the arrestee would be released if thatamount is posted. Note: For purposes of this rule, the bail schedule amount is the listedfigure without regard to any increases provided for in these rules. Accordingly, when bail isincreased pursuant to these rules for an offense listed in Penal Code §1270.1, the arresteemay not be released before arraignment. Example: A spousal battery arrestee (Penal Code§273.5) is currently on probation for a misdemeanor violation of the same offense. VenturaCounty Bail Schedule Rules 7 and 14 will increase the bail substantially from the scheduleamount of 20,000. Consequently, that arrestee cannot be released prior to a hearing inopen court, pursuant to Penal Code §1270.1.13.Special rule for domestic violence with similar priors: Double standard bail forfelony or misdemeanor domestic violence (Penal Code §§243(e), 245 if domestic, 262,273.5, 273.6, 273.65, 422) where there is reasonable cause to believe arrestee has a priorconviction for an offense on the Domestic Violence Enhancement List, except that the 100,000 bail for felony stalking would not be doubled by such a prior. The DomesticViolence Enhancement List includes the following offenses and their out-of-stateequivalents, both felonies and misdemeanors: Penal Code §§187, 192(a), 203, 207, 209,210.5, 211, 215, 220, 243(d), 243(e), 243.4, 244, 244.5, 245, 261, 273.5, 273.6, 273.65,286, 288, 288.5, 288a, 289, 417, 422, 451, and any felony in which an allegation thatdefendant inflicted great bodily injury or used or was armed with a firearm or deadlyweapon was found true. Note: Rule 14 should apply before other increases required byother rules are applied. Example: A misdemeanor domestic battery arrestee (Penal Code§243(e)) is on probation for a felony drug offense and has a prior misdemeanor 273.5conviction. The 273.5 prior will double the normal bail from 5,000 to 10,000; the felonyprobation then adds 10,000 for a total bail of 20,000.14.Special rule regarding ineligibility for OR release: Effective in 1999, Penal Code§1319.5 requires a hearing in open court before any of the following can be released onown recognizance: Anyone currently on felony probation or felony parole. Anyone with three or more failure to appear warrants in the last three years notinvolving the Vehicle Code currently arrested for any felony or certain misdemeanorsspecified in section 1319.5.15.Out-of-county holds: The Felony Bail Schedule applies (minimum 10,000) to out-ofcounty holds when no amount has been previously established or shown on a warrant.4RULES

Felony Bail ScheduleSectionDescriptionPresumptiveBailPENAL CODE67BRIBE EXECUTIVE OFFICER20,00067.5BRIBE MINISTERIAL OFFICER20,00068OFFICER SOLICIT BRIBE20,00076THREATS TO LIFE ON AN OFFICIAL OR JUDGE20,000107ESCAPE20,000109AID ESCAPE20,000110FACILITATE ESCAPE20,000113MANUFACTURE/SELL FALSE CITIZENSHIP DOCUMENTS20,000118PERJURY20,000127SUBORNATION OF PERJURY20,000128PERJURY – DEATH PENALTYNO BAIL136.1(a)&(b)DISSUADING WITNESS20,000136.1(c)DISSUADING WITNESS, AGGRAVATED50,000136.5ARMED WITH INTENT TO DISSUADE WITNESS50,000139THREATEN WITNESS50,000140THREATEN WITNESS50,000141(b)PEACE OFFICER FALSIFYING EVIDENCE50,000148.10RESISTING OFFICER WITH SERIOUS INJURY20,000151(a)(2)ADVOCATE KILLING OR INJURY TO POLICEOFFICER – RESULTS IN DEATH/INJURY250,000171bWEAPON INTO COURTHOUSE20,000171cFIREARM PUBLIC FACILITY20,000171dFIREARM OTHER PROHIBITED PLACES20,000182. (a)(1)CONSPIRACY TO COMMIT ANY CRIMESame as substantiveoffense but no lessthan 20,000PENALCODE5

Felony Bail CONSPIRACY TO COMMIT ANY CRIME AGAINSTPRESIDENT, GOVERNOR, ETC.182.5GANG CONSPIRACY100,000186.22(a)GANG ACTIVITY100,000186.26SOLICITING/COERCING GANG ACTIVITY100,000186.28SUPPLY FIREARM USED IN GANG FELONY100,000187MURDER500,000187WITH SPECIAL CIRCUMSTANCES(190.2, 190.25, 190.26)191.5GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATED50,000191.5(b)MANSLAUGHTER – VEHICULAR – DRIVING UNDERINFLUENCE – WITHOUT GROSS NEGLIGENCE50,000191.5(d)GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATEDWITH PRIOR250,000192(a)MANSLAUGHTER – VOLUNTARY100,000192(b)MANSLAUGHTER – INVOLUNTARY50,000192(c)(1)MANSLAUGHTER – VEHICLE WITH GROSS R – VEHICULAR CAUSED FOR FINANCIALGAINMANSLAUGHTER – VEHICULAR INVOLVING VESSEL203MAYHEM100,000205AGGRAVATED ,000209KIDNAPPING FOR RANSOM OR EXTORTION250,000209.5KIDNAPPING DURING A CARJACKING250,000210POSE AS KIDNAPPER50,000210.5HOSTAGE TAKING100,000211ROBBERY 1ST DEGREE100,000211ROBBERY 2ND DEGREE50,000214TRAIN ROBBERY50,000Same as substantiveoffense but no lessthan 20,000NO BAILPENALCODE50,0006

Felony Bail KING100,000217.1(a)ASSAULT ON EXECUTIVE OFFICER, JUDGE, JUROR, PEACEOFFICER, DISTRICT ATTORNEY, PUBLIC DEFENDER, ETC.20,000217.1(b)ATTEMPT MURDER ON EXECUTIVE OFFICER, JUDGE,JUROR, PEACE OFFICER, DISTRICT ATTORNEY, PUBLICDEFENDER, ETC.500,000218DERAILING OR WRECKING TRAIN250,000218.1OBSTRUCTION ON OR NEAR RAILROAD TRACKS100,000219TRAIN WRECKING250,000219.1THROW MISSILE AT COMMON CARRIER WITH INJURY20,000220ASSAULT WITH INTENT TO COMMIT CERTAIN FELONIES100,000222ASSAULT WITH DRUG IN AID OF FELONY50,000236/237FALSE IMPRISONMENT WITH FORCE OR VIOLENCE20,000236.1HUMAN TRAFFICKING DEFINED100,000241.1ASSAULT ON CUSTODIAL OFFICER20,000241.4ASSAULT ON SCHOOL POLICE20,000243(c)BATTERY ON PEACE OFFICER, ETC., WITH INJURY20,000243(d)BATTERY WITH SERIOUS INJURY20,000243.1BATTERY ON CUSTODIAL OFFICER20,000243.3BATTERY ON PUBLIC TRANSIT EMPLOYEE20,000243.4SEXUAL BATTERY20,000243.7BATTERY ON JUROR50,000243.9BATTERY ON A CUSTODIAL OFFICIAL WITHBODILY SUBSTANCE50,000244BATTERY WITH CAUSTICS50,000244.5(b)STUN GUN ASSAULT20,000244.5(c)STUN GUN ASSAULT AGAINST PEACE OFFICER50,000PENALCODE7

Felony Bail ASSAULT WITH DEADLY WEAPON20,000*245(a)(2)ASSAULT WITH A FIREARM50,000*245(a)(3)ASSAULT WITH ASSAULT WEAPON/MACHINE GUN100,000245(b)ASSAULT WITH SEMIAUTOMATIC WEAPON50,000*245(c)ASSAULT AGAINST POLICE/FIREMAN50,000245(d)(1)ASSAULT WITH A FIREARM UPON PEACE OFFICER ORFIREMAN100,000245(d)(2)ASSAULT WITH A SEMIAUTOMATIC RIFLE ON A PEACEOFFICER OR FIREMAN100,000245(d)(3)ASSAULT WITH AN ASSAULT WEAPON UPON PEACEOFFICER OR FIREMAN250,000245.2ASSAULT PUBLIC TRANSIT EMPLOYEE OR PASSENGER50,000245.3ASSAULT UPON CUSTODIAL OFFICER50,000245.5ASSAULT UPON SCHOOL EMPLOYEE50,000246SHOOT AT OCCUPIED BUILDING OR VEHICLE50,000247SHOOT AT UNOCCUPIED BUILDING OR VEHICLE50,000261RAPE100,000262SPOUSAL RAPE100,000*264.1RAPE/ACTING IN 6iPANDERING20,000266I(b)PANDERING OF A MINOR50,000266jTRANSPORTING UNDER 16 FOR PROSTITUTION50,000267ABDUCT MINOR FOR PROSTITUTION50,000*(Bail doubles if this is a domestic violence offense andarrestee has certain prior convictions – see Rule 14, page 4)*(Bail doubles if this is a domestic violence offense andarrestee has certain prior convictions – see Rule 14, page 4)*(Bail doubles if this is a domestic violence offense andarrestee has certain prior convictions – see Rule 14, page 4)*(Bail doubles if this is a domestic violence offense andarrestee has certain prior convictions – see Rule 14, page 4)PENALCODE8

Felony Bail ATED SEXUAL ASSAULT OF CHILD250,000273a(a)CHILD ABUSE50,000273abDEADLY ASSAULT ON CHILD UNDER AGE 8250,000273dCHILD BEATING20,000273.5CORPORAL INJURY – SPOUSE20,000*273.6(d)VIOLATION OF PROTECTIVE ORDER W/PRIOR20,000**(Bail doubles if this is a domestic violence offense andarrestee has certain prior convictions - see Rule 14, page 4)*(Bail doubles if this is a domestic violence offense andarrestee has certain prior convictions – see Rule 14, page 4)273.65(d)VIOLATION OF PROTECTIVE ORDER W/PRIOR20,000*278CHILD ABDUCTION BY NONCUSTODIAL PERSON50,000278.5CHILD ABDUCTION20,000286(b)(2)SODOMY – VICTIM UNDER 16, DEFENDANT OVER 2150,000286(c)100,000286(d)SODOMY – VICTIM UNDER 14, 10 YEAR DIFFERENCE ORFORCESODOMY – CONCERT/FORCE286(f)SODOMY – UNCONSCIOUS100,000286(g)SODOMY – MENTAL DISORDER100,000286(i)SODOMY – VICTIM INTOXICATED100,000286(j)SODOMY – DECEIT100,000286(k)SODOMY – COLOR OF AUTHORITY100,000288(a)LEWD ACT WITH CHILD UNDER 1450,000288(b)LEWD ACT WITH CHILD UNDER 14 WITH FORCE100,000288(c)LEWD ACT WITH CHILD UNDER 16, 10 YEAR DIFFERENCE20,000288.2SENDING HARMFUL MATTER TO MINOR BY TELEPHONE,50,000*(Bail doubles if this is a domestic violence offense and arresteehas certain prior convictions – see Rule 14, page 4)PENALCODE150,000ELECTRONIC MAIL, INTERNET, COMM. ONLINE SERVICE288.5CONTINUING SEXUAL ABUSE50,000288.7SEXUAL ACTS WITH CHILD 10 YEARS OLD OR YOUNGER250,0009

Felony Bail )ORAL COPULATION – VICTIM UNDER 16, DEFENDANTOVER 2150,000288a(c)ORAL COPULATION – VICTIM UNDER 14, 10 YEARDIFFERENCE WITH FORCE100,000288a(d)ORAL COPULATION – CONCERT/FORCE150,000288a(f)ORAL COPULATION – UNCONSCIOUS100,000288a(g)ORAL COPULATION – MENTAL DISORDER100,000288a(i)ORAL COPULATION – VICTIM INTOXICATED100,000288a(j)ORAL COPULATION – DECEIT100,000288a(k)ORAL COPULATION – COLOR OF AUTHORITY100,000289(a)FOREIGN OBJECT PENETRATION – FORCE100,000289(b)FOREIGN OBJECT PENETRATION – MENTAL DISORDER100,000289(c)FOREIGN OBJECT PENETRATION –VICTIM/DEFENDANT CONFINED IN HOSPITAL50,000289(d)FOREIGN OBJECT PENETRATION – UNCONSCIOUS100,000289(e)FOREIGN OBJECT PENETRATION – VICTIM INTOXICATED100,000289(f)FOREIGN OBJECT PENETRATION – BELIEVED TO BESPOUSE100,000289(g)FOREIGN OBJECT PENETRATION – COLOR OF AUTHORITY100,000289(i)FOREIGN OBJECT PENETRATION50,000289(j)100,000290FOREIGN OBJECT PENETRATION – VICTIM UNDER 14, 10YEAR DIFFERENCEFAIL TO REGISTER AS A SEX OFFENDER299.5(g)UNLAWFUL USE OF DNA PROFILE20,000311.1150,000311.2(b)POSSESSION /CONTROL OF MATTER, INFO., DATA ORIMAGE DEPICTING SEXUAL CONDUCT OF PERSON UNDER18 YEARS OF AGEPENALTIES FOR DEPICTING MINORS ENGAGING INSEXUAL CONDUCT – GOVT OWNED COMPUTER/PROPERTYOBSCENE MATTER COMMERCIAL PURPOSES100,000311.2(c)OBSCENE MATTER WITH PRIOR50,000311.2(d)OBSCENE MATTER100,000311.3(d)SEXUAL EXPLOITATION WITH PRIOR50,000311.1220,00050,00010PENALCODE

Felony Bail EXUAL EXPLOITATION OF MINOR WITH PRIOR50,000311.4(b)USE MINOR TO CREATE OBSCENE MATTER –COMMERCIAL100,000311.4(c)USE MINOR TO CREATE OBSCENE MATTER –NONCOMMERCIAL50,000311.10ADVERTISING UNDERAGE OBSCENITY50,000311.11(b)POSSESSION UNDERAGE OBSCENITY/ELECTRONICMATERIAL WITH PRIOR50,000314.1INDECENT EXPOSURE RESIDENTIAL OR PRIOR50,000347(a)FOOD TAMPERING20,000367gMISUSE OF REPRODUCTIVE MATTER20,000368(b)ELDER ABUSE50,000368(d)GRAND THEFT FROM ELDER20,000368(e)GRAND THEFT FROM ELDER BY CARETAKER20,000368(f)FALSE IMPRISONMENT OF ELDER50,000399ALLOW VICIOUS ANIMAL AT LARGE CAUSING DEATH20,000399.5FAILURE TO CONTROL ATTACK DOG20,000405aTAKING PERSON FROM LAWFUL CUSTODY20,000417(b)EXHIBIT LOADED FIREARM/DAY CARE50,000417(c)EXHIBIT FIREARM TO PEACE OFFICER50,000417.3EXHIBIT FIREARM TO AUTO OCCUPANT20,000417.8RESIST ARREST WITH FIREARM50,000422TERRORISM20,000*451(a)ARSON WITH GREAT BODILY INJURY50,000451(b)ARSON-INHABITED 51.5AGGRAVATED ARSON250,000452(a)UNLAWFUL BURNING WITH GREAT BODILY INJURY20

have subdivisions, which are felonies. The felony schedule applies to arrests under a felony subdivision. Example: Penal Code §273.6(d) is a felony listed on the