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Rules of Application
Felonies
Felony Enhancements
Misdemeanors |
Ventura Bail Schedule : Rules of Application
Introduction: The Ventura Superior Court has adopted the attached uniform
countywide bail schedule pursuant to Penal Code §1269b. It sets
the presumptive bail amount which is applicable to warrantless arrestees
until such time as a judge reviews the issue. When an arrest occurs pursuant
to a warrant and the suspect is only booked on the warrant, bail shall
be set in the amount of the warrant, unless otherwise ordered by a judge.
The following rules provide guidance and establish procedures for implementation
of the schedule.
1.
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Check felony bail schedule first. Some offenses listed
on the misdemeanor schedule 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 felony
bail schedule ($20,000); all other subdivisions of Penal Code §273.6
fall under that listing on the misdemeanor schedule ($10,000). |
2.
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Listed section numbers include unlisted subdivisions.
Examples: (1) On the felony schedule Penal Code §261; 2) on
the misdemeanor schedule Penal Code §422.6. |
3.
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Bail amount for unlisted offenses:
· Felonies – $10,000
· 17(b) misdemeanors*– $ one-half the felony bail
· Other misdemeanors – $1,000
*NOTE: Penal Code §17(b) provides that the District Attorney or court
can declare “wobbler” offenses to be mis demeanors. At the booking
stage, the Felony Bail Schedule applies to all wobbler offenses. |
| 4. |
Bail amount when suspect booked for violation of
probation:
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Felony probations – No Bail
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Misdemeanor probations – $5,000
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5.
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Attempts, accessories, conspiracies and
solicitations: The schedule shall be the same as the target offense,
but no less than the amount listed in the bail schedule. See Penal
Code §§32, 182, 653f, 653j, 664. Example: The bail for
conspiracy to commit a misdemeanor would be no less than $20,000.
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| 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: |
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Add $5,000 for each misdemeanor probation
or diversion |
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Add $10,000 for each felony probation or diversion
NOTE: This bail increase applies whenever booking officer has reasonable
cause to believe probation exists, including by admission of the arrestee.
Example: Suspect booked for felony DUI is still on probation for two
prior misdemeanor DUIs; the $20,000 bail for felony DUI would be increased
to $30,000 by adding $5,000 for each probation. |
| 8. |
Multiple offenses: |
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Normal rule: highest amount for most serious
offense |
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Exception for multiple victims of violent crimes:
sum of highest amount for most serious offense against each victim,
not to exceed $500,000. |
9.
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Felony enhancements: Where any of the
listed enhancements are present, the bail shall be set at the sum
of the amount for the most serious offense and the amount of the
enhancement. When the classification deputy is aware of facts which
appear to qualify as an enhancement, the bail amount should be set
accordingly and the facts and applicable bail should be explained
to the on-call magistrate. Examples: (1) Suspect booked for second
degree robbery during which he personally shot and wounded the victim;
bail schedule is $300,000 [$50,000 for Penal Code §211 plus
$250,000 for Penal Code §12022.53(d)]. |
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(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); bail schedule is $250,000
[Penal Code §667(e)(2)(A) third strike offense]. |
10.
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Bail increase declarations: Penal Code §§810(b)
and 1269c require that information related to requests for own recognizance
release or bail less than the schedule be forwarded to the on-call
magistrate. All law enforcement agencies are requested to make available
on request to arrestees and their attorneys, relatives, or friends
Superior Court Form 3000, “Declaration in Support of Motion
to Set Bail Below Schedule or for Own Recognizance Release.” Completed
forms should be forwarded to the classification deputy at 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 the classification deputy. The individual magistrate
will decide how to proceed from there, but the purpose of the form
is to make most such contacts unnecessary. |
12.
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Challenges to source of bail: Effective
January 1, 1999, a peace officer or prosecutor may challenge the
source of bail in any case rather than only in drug cases. When such
a declaration is filed, or when the classification deputy is aware
of facts suggesting a felonious 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 magistrate
finds probable cause that bail has been feloniously obtained, bail
must not be accepted until the arrestee proves a legitimate source
of bail to the magistrate or in court. If no probable cause is found,
normal release procedures apply. See Penal Code §1275.1. |
| 13. |
Special rule for serious and violent felonies,
stalking, and misdemeanor domestic violence: For any offense listed
in Penal Code §1270.1(a), release before arraignment on bail
either more or less than the bail schedule amount is forbidden. This
code section is confusing, but appears to allow pre-arraignment release
if the on-call magistrate sets bail at the schedule amount. If a
higher or lower amount is set or if Own Recognizance (O.R.) release
is granted, the arrestee cannot be released before arraignment even
if bail is posted. If a dangerous situation presents itself, the
on-call magistrate should be contacted immediately. Example: Shortly
after magistrate sets bail on “routine” spousal battery
(Penal Code §273.5) at the schedule of $20,000, the frightened
victim calls and reveals that earlier this same day she testified
against this same defendant in a felony stalking prosecution in Los
Angeles for which the current battery was a retaliation. Before $20,000
bail is accepted, this new information should be revealed to the
on-call magistrate. If the magistrate increases bail, the suspect
cannot be released prior to arraignment. If the magistrate leaves
bail at $20,000, the arrestee would be released if that amount is
posted. Note: For purposes of this rule, the bail schedule amount
is the listed figure without regard to any increases provided for
in these rules. Accordingly, when bail is increased pursuant to these
rules for an offense listed in Penal Code §1270.1, the arrestee
may 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. Ventura County Bail Schedule
Rules 7 and 14 will increase the bail substantially from the schedule
amount of $20,000. Consequently, that arrestee cannot be released
prior to a hearing in open court, pursuant to Penal Code §1270.1. |
| 14. |
Special rule for domestic violence with
similar priors: Double standard bail for felony 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 prior conviction 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 Domestic Violence Enhancement List
includes the following offenses and their out-of-state equivalents,
both felonies and misdemeanors: (Penal Code §§187, 192(a),
203, 207, 209, 210.5, 211, 215, 20, 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 that defendant inflicted
great bodily injury or used or was armed with a firearm or deadly
weapon was found true.) Note: Rule 14 should apply before other increases
required by other 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 273.5 conviction.
The 273.5 prior will double the normal bail from $5,000 to $10,000;
the felony probation then adds $10,000 for a total bail of $20,000. |
15.
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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
on own recognizance:
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Anyone currently on felony probation or
felony parole. |
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Anyone with three or more failure to appear warrants
in the last three years not involving the Vehicle Code currently
arrested for any felony or certain misdemeanors specified in section
1319.5. |
| 16. |
Out-of-county holds: The Felony Bail Schedule
applies (minimum $10,000) to out-of-county holds when no amount has
been previously established or shown on a warrant. |
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