List of Offenses Not Eligible for Zero Bail
Author: District Attorney
Date: 4/14/2020 5:27 PM
The following list is taken from the Chief Justice's Emergency Order and includes the offenses not eligible for zero bail. (All other crimes may be eligible for zero bail.)
The Judicial Council of California has adopted an Emergency Bail Schedule in response to the COVID-19 pandemic. This will result in the release of many inmates currently in custody on pending charges and will also affect persons arrested by your departments over the next few months. Importantly, the Emergency Bail Schedule will go into effect April 13, 2020, and will remain in effect for 90 days after the Governor lifts the state of emergency related to the COVID-19 pandemic.
Under the Emergency Bail Schedule, bail is to be set at $0 for most non-serious or non-violent felonies and misdemeanors.
Exceptions to the Emergency Bail Schedule
The Emergency Bail Schedule does not apply to suspects booked for the most serious and violent crimes. Bail for the following crimes should continue to be set according to the existing County of San Luis Obispo Bail Schedule:
MISCELLANEOUS CRIMES
1. Resisting an executive officer (felony only) - 69.
2. Protective or stay away order violation - 166(c)(1).
3. Domestic violence - 243(e) and 273.5.
4. Restraining order violations - 273.6 (Note, for bail to be imposed the violation must include
threats to harm or kill, engaging in violence against or going to the home or residence of the
protected party. See also 166(c).).
5. Stalking - 646.9.
6. Any offense requiring registration under 290(c) - See below.
7. Driving under the influence - 23152.
8. Driving under the influence causing injury- 23153.
9. Felon in possession of a firearm - 29800.
SERIOUS FELONIES - California Penal Code section PC 1192.7(c):
1. Assault with a deadly weapon on a peace officer or firefighter - 245(c). 2. Arson - 451(a)
and 451(b).
3. Residential burglary- 459 1st.
4. Any felony where defendant personally used a deadly weapon - examples include 12022(b),
245(a)(1), 245(a)(2) and 245(b) etc.
5. Selling, furnishing or giving a minor listed drugs.
6. Any felony committed for the benefit of a criminal street gang - 186.22(b).
7. Throwing acid or flammable substances - 244.
8. Assault with a deadly weapon on a public transit employee, custodial officer or
school employee - 245.2, 245.3, 245.5
9. Discharging a firearm at a dwelling, vehicle or aircraft- 246.
10. Shooting from a vehicle-26100(c) and 26100(d).
11. Intimidation of victims or witnesses - 136.1(c)
12. Criminal threats - 422.
VIOLENT FELONIES - California Penal code section 667.5(c):
1. Murder or voluntary manslaughter - 187 or 192(a).
2. Mayhem - 203, 205.
3. Rape - 261(a)(2), 261(a)(6), 262(a)(1) or 262(a)(4).
4. Sodomy- 286(c) and 286(d).
5. Oral Copulation - 287(c), 287(d) (Formerly 288a.)
6. Lewd and lascivious act- 288(a) and 288(b).
7. Any felony punishable by life in prison.
8. Any felony where defendant personally inflicts great bodily injury- 12022.7
9. Any felony where defendant personally used a firearm - 12022.53, 12022.
10. Robbery - 211.
11. Arson - 451(a) and 451(b).
12. Sexual penetration - 289(a) and 289U).
13. Attempted murder- 664/187.
14. Explosive device violations-18745, 18750, and 18755
15. Kidnapping - 207, 208, 209, 209.5 and 210.
16. Assault with intent to commit specified felonies - 220.
17. Continuous sexual abuse of a child -288.5
18. Carjacking - 215.
19. Rape, spousal rape or sexual penetration in concert - 264.1
20. Extortion for the benefit of a criminal street gang - 518 / 186.22.
21. Threats to victims or witnesses for the benefit of a criminal street gang - 136.1
186.22.
22. Residential burglary with a person present - 459 1st.
23. Weapon of mass destruction - 11418
SEXUAL ASSAULT-TYPE OFFENSES - Penal Code section 290(c):
1. Kidnapping - 207 or 209 committed with intent to commit sexual assault (including 261 , 286, 287, 288, or 289 or former Section 288a).
2. Human Trafficking - 236.1(b) and (c).
3. Sexual Battery - 243.4.
4. Rape-261.
s. Spousal Rape - 262(a)(1) with use of force or violence and state prison sentence.
6. Penetration by Foreign Object - 264.1 .
7. Enticing Minor to Prostitution - 266.
8. Unlawful Sexual Intercourse by Fraud - 266c.
9. Pimping of a Minor - 266h(b).
10. Pandering with a Minor - 266i(b).
11. Procuring Child Under 16 for Lewd Acts - 266j.
12. Abduction a Minor for Prostitution - 267.
13. Aggravated Sexual Assault of Child 269.
14. lncest - 285.
15. Sodomy - 286.
16. Oral Copulation - 287.
Parole, Probation, PCRS or Mandatory Supervision Violations
Bail for violations of misdemeanor probation are to be set at $0.
Bail for violations of felony probation, parole, post-release community supervision or mandatory supervision are to be set in accord with the Emergency Bail Schedule for the initial crime of conviction. For example, bail for a parole violation is to be set at $0, unless the initial crime of conviction is listed as an exception above. In those cases, bail will be set using the existing (non-emergency) Bail Schedule.
Judge's Discretion and Motions for Public Safety Hold
In very limited circumstances, a judge may set or deny bail on a suspect arrested for a crime subject to the Emergency Bail Schedule where there are genuine concerns related to public safety, safety of the victim or securing the arrestee's attendance in court.
First, the Emergency Bail Schedule allows a judge to deny bail based on Article 1, section 12 of the California Constitution. Section 12 states that a person shall be released on bail except under the following circumstances:
1. Capital crimes when the facts are evident or the presumption great;
2. Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others; or
3. Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.
You may read the Chief Justice's order here.
