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Stanislaus County Superior CourtBail ScheduleEffective January 1, 2019
Bail Schedule – Table of ContentsKey to Abbreviations.1General Information.2Rules of Application .3Health and Safety Code.5Penal Code.8Vehicle Code.28Schedule A--(Not Listed Offenses) .29Schedule B--(Enhancements).30Schedule C--(Allegations).38Misdemeanor & Infraction Bail Schedule.42Common Abbreviations in Bail lt with deadly weaponControlled substanceDepartment of JusticeBodily injuryNot sufficient fundsPrior felony convictionWith prior convictionWith intent toWith intent to commit1
Stanislaus County Felony Bail ScheduleGeneral Information1.Pursuant to the requirements of Penal Code Section 1269b, this felony bail schedule isadopted by the Superior Court of Stanislaus County and is to be utilized in setting bail forthe release of persons arrested on felony charges, without warrant, for the allegedcommission of any bailable offense.2.Bail shall be set according to the bail schedule at the time of booking by the booking officer,at the time of arraignment in Superior Court, and on all arrest warrants, unless a magistratein his or her discretion, determines a different amount of bail is appropriate or grants arequest for release on own recognizance or a request to increase or lower bail pursuant toPenal Code Section 1269c.3.This schedule shall supersede all prior felony bail schedules in Stanislaus County and shallbecome effective March 1, 2018. This bail schedule will be revised annually in accordancewith Penal Code Section 1269b(c), unless it is re-adopted without revision.4.The jailer and clerks of the Superior Court are hereby authorized to accept bail for release ofpersons held in custody on felony charges in the amount of bail as set forth in accordancewith this schedule. Jailers, booking officers, and clerks should receive periodic training onthe use of the bail schedule. Training will be provided by a designated person from theSuperior Court Clerk’s Office.5.Pursuant to Penal Code Section 1269c, if a peace officer has reasonable cause to believe thatthe amount of bail set forth in the schedule of bail for that offense is insufficient to assuredefendant’s appearance, the peace officer shall prepare a declaration in writing, underpenalty of perjury, setting forth the facts and circumstances in support of the peace officer’sbelief and file it with a magistrate. Similarly, the arrested person, either personally orthrough his/her attorney, friend, or member of his/her family, may make application to amagistrate for release on bail lower than that provided in the schedule of bail or on his/herown recognizance within eight (8) hours after booking. If no change in bail is approved bythe magistrate within eight (8) hours after booking, bail shall be set according to the bailschedule.6.Bail for release from custody may be given in cash or by a properly executed property bondapproved by the court after a hearing or by a surety bond executed by a certified suretyinsurer.2
Stanislaus County Felony Bail ScheduleRules of ApplicationRule #1If the arrest is for a single offense only, bail shall be set according to the general felonybail schedule for that offense. (See Schedules B and C for addition of enhancement and specialallegation bail increments).Example:Rule #2Person arrested for assault with deadly weapon, (245(a)(1) PC). Bailshould be set in the amount of 50,000. If great bodily injury is inflicted(12022.7(a) PC), 50,000 bail should be added per Schedule B. Total bail 100,000.If the arrest is for multiple offenses, bail shall be set according to the General FelonyBail Schedule for all offenses provided that the felonies were not committed on the sameoccasion and did not arise from the same set of operative facts (i.e., the offenses andenhancements are not PC 654 to each other). (See Schedules B and C for addition ofenhancement and special allegation bail increments). For separate arrests by separate agencies,bail shall be set at the total amount for each agency arrest.Example:Person arrested for [PC 459(2) and PC 496.1, both occurring on Day 1and based on same facts] and [PC 459(2), PC 496.1, both occurring onDay 2] and has a PC 667.5(b) prior alleged. Total bail 10,000 10,000 10,000 30000.Rule #3If the arrest is for a Penal Code, Health and Safety Code, or Vehicle Code violationthat is not listed in the General Felony Bail Schedule, bail shall be set as set forth in ScheduleA. (See Schedules B and C for addition of enhancement and special allegation bail increments.)Rule #4For any felony violation of any code other than the Penal Code, Health and SafetyCode, and Vehicle Code, bail shall be set as follows:x Maximum sentence 3 years: Set bail at 10,000.x Maximum sentence 3 years: Set bail according to Schedule A.Rule #5Bail may be added to the base bail for enhancements and extraordinary circumstancesper Schedule B, by the booking officer, at the time of booking, if the arresting officer and/orthe accused’s criminal history (rap sheet) provide sufficient, reliable information to thebooking officer to justify the increased bail. Bail per Schedule C is not to be added by thebooking officer. Once charges are filed by complaint or information, bail for enhancements,extraordinary circumstances, and special allegations per Schedules B and C may be added bythe judges of the Superior Court.Rule #6PC section 182 (conspiracy) and PC section 664 (attempt) shall have a bail scheduleamount equal to the substantive offense that is the subject of the conspiracy or attempt, unlessthe General Felony Bail Schedule indicates otherwise. (e.g., attempted murder, robbery, orarson. , attempted murder, attempted arson).Rule #7Violation of Felony Probation (PC§1203.2/1203.3) arrest without a warrant shall havebail set at 100,000. Violation of Mandatory Supervision (PC §1170(h)(5)), Post releaseCommunity Supervision (PC §3450 et seq.), or Parole (PC § 3000 et seq.) shall have bail set at“No Bail”.3
Rule #8If the arrest without a warrant is for both felony and misdemeanor offenses, bail shallbe set for the felony offense(s) ONLY unless a charge of 23152(a) or (b) is added. If so, theadditional bail for 23152(a) or 23152(b) shall be added to the felony bail amount. Noadditional bail should be set for other misdemeanor offense(s) unless approved by amagistrate, or the misdemeanor arrest was based upon a warrant for which bail waspreviously set.Rule #9If defendant is charged with a felony and has one prior serious or violent felony allegedpursuant to PC§667(d), bail shall be double of that specified for the underlying charge in thisbail schedule.Rule #10With the exception of homicide, all felony offenses having a possible sentence of a number ofyears to life shall have bail set at 250,000, unless a different bail amount is specifically listed.For homicide, see Schedule A.Rule #11If a defendant is charged with a felony and has two or more prior serious or violent feloniesalleged pursuant to PC§ 667(d), at arraignment bail shall be set pursuant to these Rules,including Rule #10, regardless of the charged felony. If the defendant qualifies for adeterminate sentence pursuant to PC § 1170.12 (c)(2)(C), then at pretrial the court shall setbail as follows: compute the bail amount for the charges and enhancements according to theschedule, then apply Rule #9 to the first 667(d) prior, and then add 25,000 for each additional667(d) prior.Rule #12If a defendant fails to appear as ordered by the court or upon a promise to appear, 500 shallbe added by the court to whatever bail is set as reasonably necessary. The court shall add 550to the second and 555 to the third failures to appear.Rule #13Pursuant to Penal Code Section 1270.1, the prosecuting attorney and defense attorney shall begiven a two court-day written notice and an opportunity to be heard in open court before anyperson who is arrested for any of the following crimes may be released on bail in an amountthat is EITHER MORE OR LESS than the amount contained in the schedule of bail for theoffense, or may be released on his or her own recognizance:xxxxxxxxAny serious felony (Sec. 1192.7 PC);Spousal rape (Sec. 262 PC);Corporal injury to spouse or cohabitant (Sec. 273.5 PC);Threatening a witness (Sec. 136.1 PC;Threat to commit a crime resulting in death or GBI (Sec. 422 PC);Stalking (Sec. 646.9 PC)Battery on non-cohabitant former spouse, fiancé, fiancée or personwith dating relationship (Sec. 243(e)(1) PC).Any other crimes later included by amendment to Sec. 1270.1 PC.Rule #14When a defendant is returned the State of California by extradition, his or her bail shall be setin the amount of the warrant plus 100,000. Forty eight (48) hours notice is required to deviatefrom this rule. See PC §1554.3Rule #15The magistrate may set bail at an amount more or less than listed in this schedule based on thespecific circumstances of a charged offense, or on the accused’s criminal history.4
Health and Safety CodeNote: Always check Schedule B ((11370.4(a), 11370.4(b), and 11379.8)) when large amounts of controlled substances areallegedly involved.Code )11362.3(a)(6)1136311364.7(b)11366Description of CrimeWillful violation of health care services provisionsDonation of blood, organs, tissue, or semen by person knowing he/shehas AIDS (rev. 7/13)Unlawful removal of human remains for sale to dissectUnauthorized removal or mutilation of human remainsTransferring CS w/out reporting or filing false report w/pcFailing to report receipt of CS w/priorTransfer of substance w/knowledge of intent to manufacture CSKnowingly making false statement on report of drug activityViolation of section w/priorTransferring CS w/o permitIssuing prescription to addict/habitual user of CSWholesaler knowingly furnishing CS not for medical purposesCounterfeiting official prescription blankPossession of four or more counterfeit prescription blanksPossession of CSPossession of CS specified in §11054(e)Possession of CS for salePossession or purchase for sale of cocaine baseIllegal transportation, sale, furnishing of certain specific or classifiedCSIllegal transportation, sale, furnishing of certain specific or classifiedCS between noncontiguous countiesPossession for sale of HeroinPerson 18 yrs or over using minor in sale, transportation or giving to aminor certain specific or classified controlled substancesSale by adult to minor of CS at school, public playground, church,synagogue or child day care centerSale by adult to minor of CS in public parkPerson under 18 yrs or over using minor in sale, transportation orgiving to a minor certain specific classified substancesSelling/furnishing substance falsely represented to be CSPossession of marijuana for sale (rev. 7/17)Sale or transportation of marijuana (rev. 7/17Person 18 yrs or over using minor in sale or transportation or giving toa minor 14 or under (rev. 7/17)Person 18 yrs or over who furnishes, administers or gives, marijuanato a minor over 14 (rev.7/17)Manufacture of concentrated cannabis using a volatile substanceCultivating/harvesting/processing peyoteManufacturing drug paraphernaliaMaintaining place for selling/using 50,00050,00010,00010,00010,00025,00040,00030,000 250,00010,00010,00010,000
Code .71139011391Description of CrimeManaging place for manufacture, storage, or distribution of CSManaging place for CS and knowingly allowing it to be fortified againstpoliceViolation of H&S §11366.5(a) w/prior convictionUse of fortified place to sell or manufacture CSSale of chemical, drug or lab equip for unlawful usePossession, use or control of false compartment to store, smuggle, ortransport CSConstruction or installation of false compartment to store, smuggle, ortransport CSForgery/alter prescription of any narcotic drugPossession of CS while in possession of loaded firearm (rev. 7/13)Possession of funds over 100,000 to purchase CSReceive, transfer, invest, or manage funds over 25,000 derived fromCS offensesViolate/solicit minor to violate CS prescription lawsViolate/induce minor to violate CS lawsUnlawful disposal of hazardous substance used in manufacturing CSPossession for sale of designated CSPossession of non-narcotic CSPossession of non-narcotic CS for salePossession of PCP for saleSale or transport of non-narcotic CSTransportation for sale of non-narcotic CS between noncontiguouscountiesSale or possession for sale of CS specified in §11056(g)Sale or transportation of PCPTransportation for sale of PCP between noncontiguous countiesManufacturing of PCP, Methamphetamine or other CS, includingchemical extraction of marijuana oil. (rev 0715)Offering to manufacture PCP, Methamphetamine or other CS (rev.7/13)Adult inducing minor’s involvement w/non-narcotic CS (rev. 7/13)Selling or furnishing substance falsely represented to be CSPossession of materials w.i.t. manufacture methamphetamine (rev.7/13)Possession of materials w.i.t. manufacture PCP (rev. 7/13)Possession of materials w.i.t. manufacture methamphetamine (rev.7/13)Possession of ephedrine like substance w.i.t. to manufacturemethamphetamine (rev 7/13)Possession of precursors for manufacturing of methamphetamine (rev7/08)Cultivating mushrooms for CSSale or transportation of mushrooms for 5,00020,00010,00010,000
Code 0(b)118340(a)118340(d)120291(a)Description of CrimeUnder influence of CS while in possession of loaded firearm (rev.7/13)Second or subsequent conviction of §11550(e) (rev. 7/13)Furnishing fireworks to minorsKnowing disposal of hazardous waste at unauthorized siteTransport of hazardous waste to unauthorized plantTreatment or storage of hazardous waste at unauthorized facilityTreatment, transport, disposal, or storage of hazardous waste thatcauses unreasonable risk of fire, explosion, or serious injuryViolation of §25189.6(a) that places person in imminent danger ofserious harm or death (rev. 7/13)Burning hazardous waste at unauthorized facilityViolation of hazardous waste disposal regulations w/priorIllegal transport of hazardous waste w/priorFailure to report release of hazardous waste w/priorWillful filing of false birth certificate (rev. 7/13)Unauthorized disposal of radioactive material causing substantialdanger to public health or safetyUnauthorized disposal of radioactive material causing GBI orsubstantial probability of death (rev. 7/13)Tampering with public water systemThreatening to tamper with public water systemUnauthorized treatment, transport, storage, or disposal of medicalwaste w/prior (rev. 7/13)Knowing unauthorized treatment or disposal of medical waste (rev.7/13)Willfully infecting another with HIV by engaging in unprotected sex(rev. 00040,00050,00020,00010,00010,00050,000
Penal CodeCode cription of CrimeAccessory after the fact to a felony (rev. 12/10)Knowledge and concealment of treasonBribing state executive (rev. 12/10)Bribing state official/employee (rev. 12/10)State official asking for or receiving bribe (12/10)Resisting or deterring executive officer (rev. 12/10)Threat to injure school or public employeesFalse claim to public board or officer w/I to defraudThreatening life of or threatening serious bodily harm togovernment officialThreatening life of or threatening serious bodily harm togovernment official w/pcBribing legislator (rev. 12/10)Legislator accepting bribe (rev. 12/10)Bribing judicial officer or juror (rev. 12/10)Judicial officer or juror accepting bribe (rev. 12/10)Influencing juror/referee/umpireThreatening juror following verdict (rev. 12/10)Misconduct of jurors/referees/umpires (rev. 7/13)State printer conflict of interest (rev. 7/13)Collusion of state printer in fraud against stateEscape of felon prisoner from training school/county hospitalAssisting escape of inmate from training school/reformatory/etc.Send/carry into training school/reformatory items for escapeManufacture false documents (rev. 7/13)Use of false documentsAttempt to record false or forged instrumentPublishing campaign advertisement containing unauthorizedsignature (rev. 7/13)Tampering w/jury listCertifying false jury listPerjuryPerjury by false documentPeace officer filing a false reportSubornation of perjuryFalse return under oathOffer false/forged/altered evidencePreparing false evidenceMaliciously dissuade witness or victim from testifying (rev. 12/10)Dissuade witness to or victim of crime from making report (rev.12/10)Prevent testimony w/threat of violence or force (rev. 12/10)Attempt to prevent 5,00020,000
Code )(1)182(a)(2)182(a)(3)Description of CrimePossess deadly weapon w.i.t. dissuade witness from testimonyInducing false testimony by bribing witnessInducing false testimony through use of force or threatWitness soliciting or receiving bribeThreatening witness to or victim of crime (rev. 12/10)Use of force or threat of force or violence to witness or victimbecause of assistance in prosecution (rev. 12/10)Peace officer filing false evidence (rev. 7/13)Officer refusing to receive or make arrestImpersonating an officer (rev. 12/10)Disclosure of address/phone number of peace officer or familymember resulting in bodily injury to these persons (rev. 7/13)Taking of weapon while resisting arrestTaking of firearm while resisting arrestTaking
Rule #6 PC section 182 (conspiracy) and PC section 664 (attempt) shall have a bail schedule amount equal to the substantive offense that is the subject of the conspiracy or attempt, unless the General Felony Bail Schedule indicates otherwise. (e.g., attempted murder, robbery, or arson. , attempted murder, attempted arson).
