SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 2018 CRIMINAL BAIL SCHEDULE

Transcription

1 SUPERIOR COURT OF CALIFORIA COUTY OF SATA CLARA 2018 IMIAL BAIL SCHEDULE

2 THE SUPERIOR COURT OF CALIFORIA COUTY OF SATA CLARA IMIAL BAIL SCHEDULE 2018 Pursuant to the provisions of Section 1269b (d) of the California Penal Code, this Criminal Bail Schedule was amended and adopted by a majority of the Judges at a meeting held on, February 22, Bail Schedule effective January I, 2018.

3 TABLE OF COTETS BAIL AD PEALTY SCHEDULES FELOY CODES, MISDEMEAOR PEAL CODES, AD OTHER MISDEMEAOR CODES Felony Codes Felony Bail Schedule...1 Felony Enhancements...24 Misdemeanor Codes Penal Code...37 Boating (Harbors & avigation, Vehicle Code, California Code of Regulations)...44 Business & Professions Code...45 California Vehicle Code (including bicycles & pedestrians)...46 Education Code...50 Election Code...51 Fish & Game...52 Forestry...54 Hazardous Materials (California Code of Regulations)...56 Health and Safety Code...57 Public Utilities Code...60 State Parks...61 Unemployment Insurance Code...68 Weights & Measures (Business & Professions Code)...69 Welfare & Institutions...72 Revenue & Taxation...73

4 SUPERIOR COURT OF CALIFORIA COUTY OF SATA CLARA Felony Codes

5 GEERAL ISTRUCTIOS A. 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. If a person is arrested pursuant to an arrest warrant, bail is set at the amount of the warrant. B. After a defendant s first appearance in court, the amount of bail will lie within the sound discretion of the judicial officer before whom the defendant appeared, and may be greater or less than the amount set forth in this schedule, subject to the provisions of Penal Code section This schedule may also be used by a magistrate in fixing bail pursuant to Penal Code section 815a at the time an arrest warrant is issued, the amount of which lies in the sound discretion of the magistrate. C. Prevailing legislation places the burden on law enforcement agencies to notify the magistrate if the scheduled bail is not adequate for the crime. Penal Code section provides that if a defendant is arrested without a warrant for a bailable felony offense or for a misdemeanor violation of a domestic violence restraining order, and a peace officer has reasonable cause to believe that the amount of bail set forth in the schedule is insufficient to assure the defendant s appearance or to issue the protection of a victim, a family member of a victim, the police officer shall prepare a declaration and file it with the magistrate requesting higher bail. D. Persons not entitled to be released on bail are those charged with: Capital crimes (i.e. murder with special circumstance), when the facts are evident or the presumption great. Penal Code section & California Constitution, Article 1, Section 12(a); Felony offenses involving act of violence on another person when the facts are evident or the presumption great (i.e., substantial evidence of guilt) 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 Felony offenses when the facts are evident or the presumption great (i.e. substantial evidence of guilt) and the court finds based upon 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. California Constitution, Article 1, Section 12(c). Certain offenses which carry a possible sentence of death, LWOP or life in prison are listed here as O BAIL*. While bail would initially be set by the magistrate at no bail upon booking, at arraignment, a judge should set bail an appropriate amount based on the sound discretion of the court, unless the judge determines that the defendant is not entitled to bail, pursuant to Penal Code sections , 1275 and Cal. Const., Article 1, section 12(a) and 12(c). If a bail hearing is requested and the defendant is charged with a serious felony as defined in Penal Code section (c), the victim must be given notice and reasonable opportunity to be heard at the bail hearing. A hearing must be held in open court before a defendant is released on an amount different from the bail schedule or on OR for serious or violent felonies [except (a)], and certain offenses involving domestic violence, witness intimidation and other offenses. See section I below. E. Bail for offenses involving larceny under the Penal Code, as listed in this schedule (e.g. P.C. 487, 496, 504, etc.), is the scheduled amount, or if there is a substantial loss, in a greater amount in the discretion of the judge or magistrate. This policy is also to apply to fraud type offenses of other Codes (e.g. Insurance Code, Revenue and Taxation Code, etc.). 1

6 F. The bail schedule shall contain a general clause for those offenses not specifically listed in the bail schedule. For all felony offenses and enhancements not listed, the bail amount shall be set according to the state prison top term potential for the offense plus enhancement. Top term 3 years 10,000 Top term 4 years 25,000 Top term 5 years 30,000 Top term 6 years 50,000 Top term 7 or more years 100,000 Top term Life/LWOP o Bail* G. Penal Code section 1275 provides that: In setting, reducing, or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case. The public safety shall be the primary consideration. H. In setting, reducing or denying bail pursuant to Penal Code section 1275, a judge, in his or her discretion, may consider factors relating to the defendant or the facts of the offense, including, but not limited to the following: Safety of the public and victim; Safety of the victim s family; The seriousness of the offense, including the alleged injury to the victim, the alleged threats to the victim or witnesses to the offense, the alleged use of a firearm or other deadly weapon in the commission of the offense and the alleged use or possession of controlled substances; Defendant s prior criminal record; Defendant s prior conviction(s) for the same or similar offense(s); Defendant s history of failure to appear in court; Defendant s probation or parole status at the time of the offense; Defendant s flight risk; Whether there are multiple victims; The blood alcohol level of the defendant; The alleged amount of the controlled substances involved in narcotics offenses; Any other factor relevant to the issue of public safety. I. Penal Code section prohibits the release of an arrestee on bail in an amount OTHER THA THAT SET FORTH O THE BAIL SCHEDULE prior to a hearing in open court for: a. Violent felonies as described in Penal Code section (c), but not 460(a); b. Serious felonies as described in Penal Code section (c) (including those listed in Penal Code section ); and c. Violations of Penal Code sections 136.1(c), 243(e)(1), 262, 273.5, 273.6, felony 422 and J. All references to a code section shall include all subsections thereof unless a specific bail is set forth for a particular subsection. K. Felony offenses in which the defendant is not to be released without judicial review are: Any felony where the defendant has (2) two or more serious or violent felony prior convictions (Sections 667(e)(2)(A) & (c)(2)(A); Any felony sex offense where the defendant has similar prior convictions (Penal Code section ). arcotic felony offense (Sections 11353, , 11361, 11380, ; 2

7 Health and Safety Code), where defendant has two prison prior convictions of same nature (Penal Code section ) L. Felony offenses involving acts of violence on another person, felony sexual assault offenses on another person, and any felony offense where the defendant has threatened another with great bodily harm must be reviewed by the Duty Judge prior to the setting of bail. M. The Bail Schedule contemplates the following practice where more than one offense is charged: When a defendant is booked on two or more charges arising from the same course of conduct on the same occasion, bail shall be the amount set for the charge having the highest bail. When a defendant is booked on two more charges arising from separate courses of conduct, bail shall be the sum of the amount set for the charge in each course of conduct having the highest bail. For sex offenses arising from threat or violence, bail shall be the sum of the full amounts set for each charge irrespective of whether the charges arise from a single course of conduct or single transaction. EXAMPLE #1 This example demonstrates how to calculate the bail amount when a defendant is booked on more than one charge arising out of a single act that precludes multiple punishments. Charge 1 459/460.1PC $50,000 Charge 2 496PC 10,000 Charge 3 487PC 10,000 The bail in this example is $50,000 because the PC 459 charge has the highest bail and all the charges arise from a single act that precludes multiple punishments. EXAMPLE #2 This example demonstrates how to calculate the bail amount when a defendant is booked on more than one charge arising from different acts that permit multiple punishments. Charge 1 VC $10,000 Charge 2 VC ,000 Charge 3 VC ,000 The bail amount in this example is $60,000 because VC 10851, VC 20001, and VC are separate acts that can be punished separately.. Pursuant to Penal Code section 1269 b(e), judges shall assign an additional amount of required bail for each aggravation or enhancing factor CHARGEABLE in the complaint. Thus, if the alleged facts that would bring a person within any of the following sections: 667.5, , 667.6, 667.8, , 667.9, , 12022, , 12022,.2, , , , , , , , , of the Penal Code, or Health and Safety Code sections , , or Judges shall also assign additional required bail for offenses involving large quantities of controlled substances. 3

8 O. The following bail shall apply to violations of Section 23152/23153 of the Vehicle Code where there are separate violations: umber of Priors Bail (a-e) w/no separate violations and BAC less than.15 5, (a-e) w/no separate violations and BAC.15 or greater 10,000 1 separate violation within 10 years w/bac less than.15 15,000 1 separate violation within 10 years w/bac of.15 or greater 20,000 2 separate violations within 10 years w/bac less than.15 35,000 2 separate violations within 10 years w/bac.15 or greater 40,000 3 separate violations within 10 years (Felony) 100,000 In each case with priors as noted, defendants SHALL OT BE ELIGIBLE FOR O.R. RELEASE. Defendants who have a pending violation of with a pending case charging and no prior conviction may be considered for SORP release only with the requirement that the defendant wear a continuous alcohol monitoring device P. The misdemeanor bail schedule is provided to assist the magistrate in determining the appropriate bail for various offenses. All offenses not specifically mentioned in this schedule shall have scheduled in the amount of $1,000.00, except for the following: Violations of the Fish and Game Code not specifically mentioned in this schedule shall have a default Bail of $ Violations of the Harbor and avigations Code not specifically mentioned in this schedule shall have a default bail of $ All misdemeanor offenses, whether alleged as violations of state code or local ordinance shall be filed in Superior Court (orth County, Hall of Justice or Morgan Hill) depending on the location of the alleged offense. 4

9 Penal Offense Term Bail 32 Accessory to felony Bribes, giving or offering to executive officer 67.5(b) Bribing ministerial officer 68 Bribes, executive or ministerial officers 69 Resisting executive officer 71(a)(1) Threat to injure school official Same as underlying offense; o specified underlying offense 10,000 Underlying offense has life term 100, , , , ,000 10,000 71(a)(2) Threat to school official ,000 w/ prior 76(a)(1) Threatening life of ,000 government official 76(a)(2) Threat to public official ,000 with prior 85 Bribes; giving or ,000 offering 86 Bribes; asking or ,000 receiving 92 Bribes; judicial officers, ,000 jurors 93 Judicial officer or juror ,000 accepting bribe 95.1 Threatening juror after ,000 verdict 113, 114 Manufacture/use false 5 30,000 documents 118 Perjury , (a) Dissuading a witness or ,000 victim from testifying 5

10 Penal Offense Term Bail 136.1(b) Dissuading a witness or victim from reporting a crime 25, (c) Dissuading a witness or ,000 victim by threat 137(a) Inducing false testimony , (b) Inducing false testimony ,000 by force 138 Bribing a witness , Threats to use violence or force against witness or victim 50, Threatening witnesses, ,000 victims 141(b) Peace officer planting evidence , (c) Prosecutor intentionally ,000 altering, modifying or withholding exculpatory material 148(b),(c),(d) Removing or taking ,000 police officer s weapon Resisting officer resulting in injury or death 149 Officer unnecessarily beats or assaults person 165 Bribery; council members, board of supervisors 182 Conspiracy to commit crime , , ,000 Same as crime Same as crime 186.9/ Money laundering , Street gang activity , (b)(4) Committing certain enumerated felonies as part of street gang activities Life 500,000 6

11 186.26(a) Soliciting or threatening another to participate in criminal street gang 10,000 Penal Offense Term Bail 187,189,190,190.5 Murder First Degree 25 years to life; death or life w/o parole 187,189,190,190.5 Murder Second Degree 15, 20 or 25 Years to life or life w/o parole 191.5(a) Gross Vehicular Manslaughter while intoxicated 191.5(b) Vehicular manslaughter while intoxicated per 1170(h) 191.5(d) Gross vehicular manslaughter while intoxicated with priors 192(a) Manslaughter voluntary 192(b) Manslaughterinvoluntary 192(c)(1) Manslaughter driving vehicle with gross negligence 192(c)(3) Manslaughter while 7 o Bail* o Bail* , ,000 Life o bail* , , , ,000 driving for financial gain 203 Mayhem , Aggravated mayhem LIFE o Bail* 206 Torture LIFE o Bail* 207(a) Kidnapping , (b) Kidnapping for purposes or ,000 of 288 under (c) Kidnapping out of state , (a) 209(b) Kidnapping for ransom or extortion Kidnapping for robbery or felony sex offense LIFE LIFE o Bail* o Bail* *Certain offenses which carry a possible sentence of death, LWOP or life in prison are listed here as O BAIL*. While bail would initially be set by the magistrate at no bail upon booking, at arraignment, a judge should set bail an appropriate amount based on the sound discretion of the court, unless the judge determines that the defendant is not entitled to bail, pursuant to Penal Code sections , 1275 and Cal. Const., Article 1, section 12(a) and 12(c).

12 Penal Offense Term Bail 209.5(b) Kidnapping during LIFE o Bail* carjack 212.5(a) Robbery First Degree , (b) Robbery First Degree of ,000 Person using Teller Machine 212.5(c) Robbery Second Degree , Home Invasion Robbery , Carjacking , Train Wrecking attempt LIFE o Bail* 219 Train Wrecking LIFE o Bail* Hurling missile at common carrier vehicle , Hurling missile at train , Assault with intent to ,000 commit sodomy, mayhem, oral copulation, or rape 220(a) Assault with intent to ,000 commit sodomy, mayhem, oral copulation, or rape 220(b) Assault with the intent LIFE o Bail* to commit certain sex crimes False imprisonment by ,000 violence 236.1(a) Human Trafficking 5, 8, ,000 Forced Labor or Services 236.1(b) Human Trafficking for 8, 14, ,000 Sexual Purposes 236.1(c)(1) Human Trafficking for 5, 8, ,000 Sexual Purposes involving a minor 236.1(c)(2) Human Trafficking for Sexual Purposes involving a minor by force or fear 15 to Life o Bail* *Certain offenses which carry a possible sentence of death, LWOP or life in prison are listed here as O BAIL*. While bail would initially be set by the magistrate at no bail upon booking, at arraignment, a judge should set bail an appropriate amount based on the sound discretion of the court, unless the judge determines that the defendant is not entitled to bail, pursuant to Penal Code sections , 1275 and Cal. Const., Article 1, section 12(a) and 12(c). 8

13 Penal Offense Term Bail Assault against custodial officer 10, Assault against peace ,000 officer of school district 243(c) Battery upon peace ,000 officer and causes injury 243(d) Battery with serious ,000 bodily injury Battery upon custodial officer , Battery on public transit ,000 employee with injury Sexual Battery , Battery on school employee with injury Battery by gassing Assault with caustic chemicals (b) Assault with stun gun (a)(1) Assault with deadly weapon 245(a)(2) Assault with firearm (a)(3) 245(a)(4) 245(b) 245(c) 25,000 25,000 50,000 25,000 25,000 50,000 Assault with machine ,000 gun or assault weapon Assault by force likely ,000 to produce GBI Assault with semi ,000 automatic weapon Assault on peace officer ,000 by force or weapon not a firearm

14 Penal Offense Term Bail 245(d)(1) Assault on peace officer ,000 or firefighter with firearm 245(d)(2) Assault on peace officer ,000 or firefighter with semiautomatic weapon 245(d)(3) Assault on peace officer ,000 or firefighter with machine gun or assault weapon Assault with a deadly ,000 weapon while on public transit Assault with deadly ,000 weapon on custodial officer 245.5(a) Assault with a deadly weapon by means of force likely to result in ,000 GBI on school employee 245.5(b) Assault with firearm on ,000 school employee 245.5(c) Assault with stun gun or taser on school employee , Hazing that causes ,000 serious bodily injury 246 Shooting at inhabited dwelling, building or aircraft , (a) Discharge of weapon in ,000 grossly negligent manner Discharge of laser at aircraft , all subdivisions Rape , (a)(2)-child Rape of minor or , (c) 261.5(d) Unlawful sexual intercourse Unlawful sexual intercourse where ,000 25,000

15 Penal Offense Term Bail defendant is over 21 and victim under Spousal Rape , Rape or penetration in concert , minor victim Rape or penetration in concert where victim is a minor or , (h)(a) Pimping- adult victim , h(b)(1) Pimping with minor ,000 victim 16 or older 266h(b)(2) Pimping with victim ,000 under i Pandering , i Pandering with child under , Abduction for purposes ,000 of prostitution 269 Aggravated sexual LIFE o Bail* assault on child under 14 by person 10 years or more older than victim 270 Child eglect 1 YEAR OE 10,000 DAY 273a Child Abuse- All variations EXCEPT 273a(b) ,000 *If SORP granted, consider no contact order 273a(b) Assault of child under 8 likely to produce or causes GBI, coma, paralysis Inflicting corporal injury on spouse, cohabitant (f)(1) Inflicting corporal injury on spouse, cohabitant with specified prior 25 to life or LWOP o Bail* , ,000 *Certain offenses which carry a possible sentence of death, LWOP or life in prison are listed here as O BAIL*. While bail would initially be set by the magistrate at no bail upon booking, at arraignment, a judge should set bail an appropriate amount based on the sound discretion of the court, unless the judge determines that the defendant is not entitled to bail, pursuant to Penal Code sections , 1275 and Cal. Const., Article 1, section 12(a) and 12(c). 11

16 Penal Offense Term Bail 273.5(f)(2) Inflicting corporal injury on spouse, cohabitant with specified prior Violating domestic restraining order with prior conviction ,000 10, Child stealing , (b)(1) Sodomy where victim ,000 under (b)(2) Sodomy where victim ,000 under (c)(1) Sodomy where victim under , (c)(2)(A) Sodomy by force or fear , (c)(2)(B) Sodomy by force or fear ,000 where victim under (c)(2)(C) Sodomy by force or fear ,000 where minor victim is 14 or older 286(c)(3) Sodomy by threat or ,000 retaliation 286(d)(1) Sodomy in concert , (d)(2) Sodomy in concert ,000 where victim under (d)(3) Sodomy in concert ,000 where victim 14 or above 286(e) Sodomy in state prison or county jail , (f),(g),(i),(j)& (k) Sodomy if victim unconscious, or incapable of consent , (a) Lewd act with child ,000 under a(b)(1) Oral copulation where ,000 victim is under (a)(b)(2) Oral copulation where ,000 victim under a(c)(1) Oral copulation where victim under 14, more than ,000

17 Penal Offense Term Bail 288a(c)(2)(A) Oral copulation by force ,000 or fear 288a(c)(2)(B) Oral copulation by force ,000 or fear where victim under a(c)(2)(c) Oral copulation by force ,000 or fear where minor victim 14 or above 288a(c)(3) Oral copulation by threat ,000 or retaliation 288a(d)(1) Oral copulation in ,000 concert 288a(d)(2) Oral copulation in ,000 concert by force or fear where victim under a(e) Oral copulation in state ,000 prison 288(b)(1)(2) Lewd act with child ,000 under 14 by force or fear 288(c)(1)(2) Lewd act with child ,000 or 15, where defendant is 10 years older than victim 288a(f,g,h,i,j,k) Oral copulation of ,000 unconscious, disabled person Distribution or exhibition of lewd material to a minor , Contacting a minor with Term for the 50,000 the intent to commit certain offenses intended offenseattempted 288.3(c) Commit with prior 5 years c/s 50,000 conviction 288.4(a)(2) 290 registrant who arranges to meet with a ,000 minor or person believed to be a minor for the purpose of exposing genitals, pubic, or rectal areas 288.4(b) Anyone who violates ,000 13

18 Penal Offense Term Bail 288.4(a)(1) and goes to an arranged meeting place Three or more lewd acts with child under (a) Engaging in sexual intercourse or sodomy with a child 10 or younger 288.7(b) Engaging in oral copulation or sexual penetration with a child 10 or younger , years to LIFE O BAIL* 15 years to LIFE O BAIL* 289(a)(1)(A) Penetration by foreign ,000 object by force and fear 289(a)(1)(B) Penetration by foreign ,000 object of child under 14 by force/fear 289(a)(1)(C) Penetration of minor over 14 by force/fear , (a)(2); 289(b), (d), Penetration by foreign ,000 (e), (f) & (g) object by threat of retaliation, or where victim incapable of legal consent, or consent flawed 289(c) Penetration by foreign object where consent victim incapable of consent and defendant ,000 and victim both confined in hospital for mental disorder 289(h) Penetration by foreign object on minor ,000 *Certain offenses which carry a possible sentence of death, LWOP or life in prison are listed here as O BAIL*. While bail would initially be set by the magistrate at no bail upon booking, at arraignment, a judge should set bail an appropriate amount based on the sound discretion of the court, unless the judge determines that the defendant is not entitled to bail, pursuant to Penal Code sections , 1275 and Cal. Const., Article 1, section 12(a) and 12(c). 14

19 Penal Offense Term Bail 289(i) Penetration by foreign object victim under 16 and defendant over (j) Penetration by foreign object where victim in under 14 and defendant is 10 years older Officer or employee of detention facility engaging in sex with inmate 290 all types; including , , Sex registrant failure to register, or report address or name change , , or ,000 25, Knowingly submitting ,000 false DA/tampering with DA 299.5(i)(1)(A) Knowingly disclosing ,000 DA information 311.1, 311.2, 311.4, Sending, distributing, , bringing, exploitation re: child pornography Sexual exploitation of a ,000 child w/ prior conviction Possession of child ,000 pornography 314(1) Indecent exposure with ,000 prior 337a Bookmaking , (b) 368(b) with GBI 368(d) Physical abuse of an elder or dependent adult Physical abuse of an elder or dependent adult w/ GBI Theft from elder or dependent adult ,000 *If SORP granted, consider no contact order Victim under age 70-50,000 Victim over ,000 Causing death- 250,000 *If SORP granted, consider no contact order ,000

20 Penal Offense Term Bail 368(e) Theft by caretaker from elder or dependent adult 10, (a) Willfully permitting ,000 vicious animal to go at large causing death 399(b) Willfully permitting ,000 animal to go at large and causing serious bodily injury Owning or keeping ,000 attack dog that has bitten twice before 417(c) Exhibiting firearm in ,000 presence of police 422 Terrorist threats , Embezzlement or ,000 falsification of accounts by public officer 451(a) Arson with GBI , (b) Arson of inhabited ,000 dwelling 451(c) Arson of forest land , (d) Arson of property , Aggravated Arson LIFE o Bail* 452(a) Reckless arson with GBI , (b) Reckless arson of ,000 inhabited structure 452(c) Reckless arson where prior or GBI , (a) Possession of explosives ,000 or flammable materials 455 Attempted arson with ,000 GBI (a), 461(a) Burglary First Degree , (b), 461(b) Burglary Second Degree ,000 *Certain offenses which carry a possible sentence of death, LWOP or life in prison are listed here as O BAIL*. While bail would initially be set by the magistrate at no bail upon booking, at arraignment, a judge should set bail an appropriate amount based on the sound discretion of the court, unless the judge determines that the defendant is not entitled to bail, pursuant to Penal Code sections , 1275 and Cal. Const., Article 1, section 12(a) and 12(c). 16

21 Penal Offense Term Bail Shoplifting by a person with specified priors or 290(c) registrant 464 Burglary with explosives 470a Forgery of driver s license 470b Display or possession of forged driver s license or ID , , ,000 10, , 472, 473, 474, Forgery , , 476a 477, 479, 480 Counterfeiting , Grand theft-all types, ,000 including grand theft person or theft of firearm or auto, regardless of value Exhibiting firearm in presence of person in motor vehicle , Exhibiting firearm or deadly weapon with intent to resist officer Obtaining telephone services by fraud Uses or possesses telecommunications device to avoid payment with prior , , , Embezzlement by public ,000 officer 520 Extortion , (b)(1) Introducing ,000 ransomware into a computer with the intent to extort money or other consideration 529 False impersonation , a Manufacture, sale of false birth certificate ,000

22 Penal Offense Term Bail Identity theft (c)(2) Acquiring or possessing personal identifying information with the intent to defraud with a prior 530.5(c)(3) 530.5(d)(2) Acquiring or possessing personal identifying information of 10 or more people Selling, transferring, or conveying personal identifying information with actual knowledge that information will be used to commit theft ,000 25,000 50,000 25, False pretenses , (a) Defrauding an insurer , (a) Insurance fraud , , 593 Injuring telephone line , (b)(1);594.3; Vandalism , ; & Cruelty to animals , a or 597b Animal or cockfighting ,000 with a prior 601 Trespass with threat of ,000 serious bodily injury Firearms on school ,000 grounds Weapons on school ,000 grounds 646.9(a) Stalking , (b) Stalking in violation of ,000 restraining order 646.9(c)(1) Stalking after felony ,000 conviction of 273.5, 273.6, or (c)(2) Stalking with prior ,000

23 Penal Offense Term Bail conviction for stalking Child molest with prior ,000 conviction 648 Making, issuing or ,000 circulating unauthorized money with prior 653b(b)(2) 290 registrant loitering 10,000 near a school or public place where children congregate with 1 prior 653b(b)(3) 290 registrant loitering 25,000 near a school or public place where children congregate with 2 or more priors 653c(d)(2) 290 registrant for sex crimes against elders or dependent adults who enter a day care or 10,000 residential facility where elders or dependent adults are present with 1 prior 653c(d)(3) 290 registrant for sex crimes against elders or dependent adults who enter a day care or residential facility where elders or dependent adults are present 25, f(a) 653f(b) 653f(c) 653f(d) 653f(e) 653j Solicitation to commit robbery, burglary, grand theft, etc Solicitation to commit murder Solicitation to commit rape, sodomy, etc. Solicitation to commit drug sales Solicitation to commit welfare fraud Solicitation of minor to commit certain crimes Same as target offense , Same as target offense Same as target offense Same as target offense ,000 19

24 Penal Offense Term Bail 664/187 Attempted Murder LIFE o Bail* 664 Attempt Other crimes Same as underlying crime ½ of completed crime 666 Petty Theft with prior , Prior Theft of auto , (b) Failure to appear after ,000 O.R. release Failure to appear after ,000 release on bail 4530(a) Escape, attempted o Bail* escape from prison with force or violence 4530(b) Escape, attempted o Bail* escape from prison without force or violence 4532(a)(1) Escape, attempted 1 year and 1 day 25,000 escape by misdemeanant from jail 4532(a)(2) Escape from jail with o Bail* force or violence 4532(b)(1) Escape, attempt escape ,000 by felon from jail 4532(b)(2) Escape from jail by felon with force or violence o Bail* 4535, 4573, , , , & 4574 Introducing contraband substances, devices or weapons into jail Selling or giving drugs to inmate Use of explosives to terrorize in certain places 11418; ; Possessing, use and &11419 carrying weapons of mass destruction and biological agents , , ,000, ,000,000 *Certain offenses which carry a possible sentence of death, LWOP or life in prison are listed here as O BAIL*. While bail would initially be set by the magistrate at no bail upon booking, at arraignment, a judge should set bail an appropriate amount based on the sound discretion of the court, unless the judge determines that the defendant is not entitled to bail, pursuant to Penal Code sections , 1275 and Cal. Const., Article 1, section 12(a) and 12(c).

25 Penal Offense Term Bail 12034(b) or (c) Willful and malicious ,000 discharge of firearm from vehicle Unlawful delivery of firearm to purchaser , Knowingly furnishing a ,000 fictitious name or address when attempting to purchase a firearm from a dealer 12310(b) Exploding bomb or LIFE o Bail* destructive device resulting in mayhem or GBI Felon in possession of ,000 ammunition Illegal use of tear ,000 gas/tear gas weapon on peace officer 18710(a),(b) Possession of destructive device , Possession of destructive ,000 device in public place Possession of material to ,000 make destructive device 18725(a)(b)(c) Carrying or placing a destructive device on transportation vehicle , Sale or transportation of ,000 destructive device Exploding bomb or ,000 destructive device for purpose of terrorism Exploding bomb or destructive device with intent to murder o Bail* 21

26 Penal Offense Term Bail Exploding bomb or ,000,000 destructive device which causes GBI 18755(a)(b) Exploding destructive LIFE o Bail* device resulting in death or mayhem 20110(a) Making or placing a booby trap , (b) Possession with intent to ,000 use booby trap Possession of air gauge ,000 knife Possession of belt ,000 buckle Possession of cane ,000 sword Possession of lipstick case knife , Possession of shobi-zue , Possession of ballistic ,000 knife Possession of dirk or ,000 dagger Possession of metal knuckles , Possession of nunchaku , Possession of billy club, ,000 sap Possession of shriken , Illegal possession or use ,000 of teargas 25300(a) Carrying a firearm in public while masked , (c)(1),(2),(3)(4) Possession of concealed ,000 weapon by certain persons: felon; gang member; unauthorized person 22

27 Penal Offense Term Bail 25850(c)(1),(2),(3)(4) Possession of loaded weapon by certain persons: felon; gang member; unauthorized person Carrying loaded firearm with intent to commit felony 26100(b) Discharge of weapon from vehicle 26100(c) Discharge a weapon from vehicle 27500(a),(b) Unlawful delivery of firearm to purchaser Possession firearm by misdemeanant , by passenger 50,000 25, , , , (a) Ownership or possession ,000 of firearm by person previously convicted of violent felony Possession of flechette ,000 dart 30305(a)(1) Felon in possession of ,000 ammunition Possession of metal ,000 piercing ammo Manufacture metal ,000 piercing ammo Manufacture assault ,000 weapon Possession of assault weapon , Possession of sawed off ,000 shotgun 23

28 Enhancements Penal Offense Term Bail Multiple theft enhancement , (b)(1)(a) Committing felony as ,000 part of street gang activity (b)(1)(B) Committing serious 5 50,000 felony as part of street gang activity (b)(1)(C) Committing violent ,000 felony as part of street gang activity (a) Hate crime , (b) Hate crime in concert , Felony arson , Arson with prior ,000 conviction of 451 or (a) Prior serious felony (Prop. 8 prior) 5 50, (e)(1) One serious or violent 50,000 prior (Strike prior) 667(e)(2)(A) Two or more serious o Bail* or violent priors where new offense is a serious or violent felony (Strike priors) 667(e)(2)(c) Two or more serious or violent priors where new offense is not a serious or violent felony (strike priors) 50,000 for each prior strike charged 667.5(a) Violent prison prior 3 25, (b) Prison prior 1 10, (a) PC 288 with one prior 5 50,000 sex offense 667.6(a) Prior forcible sex offense 5 50,000 24

29 Penal Offense Term Bail 667.6(b) Prior forcible sex ,000 offense with prison commitment Felony sex offenses LIFE o Bail* with certain priors or circumstances Habitual offenders LIFE o Bail* Habitual sex LIFE o Bail* offenders Habitual drug LIFE o Bail* offenders 667.8(a) Kidnapping for sex offense 9 100, (b) Kidnapping of minor ,000 under 14 for sex offense Kidnapping of child 5 50,000 under 14 to permanently deprive parents 667.9(a) Serious felony 1 25,000 committed on victim, disabled, under 14, or over (b) Serious felony 2 50,000 committed on victim, disable, under 14, or over 65 with prior conviction of serious felony PC 289 on disable victim or on victim over 65 or under , (a) Exhibiting sex acts of1 10,000 a minor to a minor to commit (b) Exhibiting sex acts of2 a minor to a minor to commit ,000 25

30 Penal Offense Term Bail 674(a) Felony sex offense on 2 50,000 minor by day care provider 674(b) Felony sex offense on 3 100,000 minor by day care provider in concert (a) Carrying firearm in ,000 street gang crime (b) Carrying assault ,000 weapon in street gang crime 12022(a)(1) Committing Felony 1 25,000 when armed with firearm 12022(a)(2) Committing felony 3 50,000 when armed with assault weapon or machine gun 12022(b)(1) Committing felony 1 10,000 and personally uses a deadly or dangerous weapon 12022(b)(2) Personally uses a ,000 deadly or dangerous weapon and convicted of carjacking 12022(c) Personally armed ,000 with a firearm while engaged in sale or possession of sale of controlled substances 12022(d) Principal in narcotic ,000 sales case knowing another principal is armed with firearm Offense committed 2 25,000 while on bail or O.R (a) Armed with firearm ,000 having armor piercing ammunition (b) Wearing body vest ,000 26

31 Penal Offense Term Bail during commission of violent offense (a) Use of deadly weapon ,000 or firearm during commission of sex crime ((b) Armed with deadly weapon or firearm ,000 during commission of sex crime Supplying firearm for ,000 use in felony (a) Personal use of ,000 firearm during commission of felony (b) Personal use of ,000 assault weapon or machine gun during commission of felony (b) Personally uses ,000 firearm for certain offenses (c) Personally and ,000 intentionally discharges a firearm for certain offenses (d) Personally and intentionally discharges a firearm for certain offenses and causes GBI or death LIFE o Bail* Causing death or GBI ,000 by discharging firearm from motor vehicle (a)((1), (2), (3), (4) Excessive taking Same as allegation *Certain offenses which carry a possible sentence of death, LWOP or life in prison are listed here as O BAIL*. While bail would initially be set by the magistrate at no bail upon booking, at arraignment, a judge should set bail an appropriate amount based on the sound discretion of the court, unless the judge determines that the defendant is not entitled to bail, pursuant to Penal Code sections , 1275 and Cal. Const., Article 1, section 12(a) and 12(c). 27

32 Penal Offense Term Bail (a) Causing GBI during 3 50,000 commission of felony (b) GBI resulting in coma 5 250,000 or paralysis (c) GBI to person ,000 years or older (d) GBI to person under ,000 5 years of age (e) GBI during ,000 commission of felony relating to domestic violence Administering 3 50,000 controlled substance to commit felony GBI during 5 100,000 commission of felony sex offense Committing sex 3 50,000 offense by defendant with AIDS virus (a) Inflicting injury causing termination of pregnancy 5 100, Abuse of child under 4 100, resulting in death (a)(1),(2), or Sale of narcotics at 1 2 YRS ,000 (3) certain locations; sale to minor H&S with ,000 prior Sale of drugs at ,000 certain locations (a)(1) Sale of PCP with a 1 500,000 value exceeding $500, (a)(2) Sale of PCP with a value exceeding $2,000, ,000,000 28

33 Penal Offense Term Bail (a)(3) Sale of PCP with a 3 5,000,000 value exceeding $5,000, (a) & (b) Prior conviction in 3 25,000 sales transaction (a) (1)-(6) Violations with heroin, cocaine, cocaine base, PCP, methamphetamine with weights or volumes (a) (1) 1 kilogram 30 liters 3 25,000 (a)(2) 4 kilograms ,000 liters (a)(3) 10 kilograms ,000 liters (a) (4) 20 kilograms ,000 liters (a) (5) 40 kilograms 20 1,000,000 (a) (6) 80 kilograms 25 2,000, (a) Manufacture of 2 25,000 methamphetamine or PCP when children present (b) Manufacture of 5 100,000 methamphetamine or PCP when children present and suffer GBI Manufacture of controlled substances by weights and volumes (a)(1) 1 pound ,000 gallons (a)(2) 3 pounds ,000 gallons (a)(3) 10 pounds ,000 gallons (a) (4) 44 pounds 105 gallons 15 1,000,000 29

34 Penal Offense Term Bail (a)(1), (2), or (3) Using minor for sale 1 YR 2 YRS of PCP or LSD at YRS certain locations; sale to minor 30 25,000 Health & Safety Offense Term Bail Possession controlled ,000 substance Possession of controlled substance (GHB) with intent to ,000 commit sexual assault Possession of ,000 controlled substance for sale Possession for sale cocaine base , (a) Transportation, sale, ,000 furnishing controlled substance 11352(b) Transportation for sale to noncontiguous counties , Adult inducing minor ,000 to violate provisions of drug laws; use or employment of minors to sell drugs Providing a minor controlled substances not under or , Preparation for sale or ,000 sale to minor under 14 in public park Use of person 18 or ,000 older of minor in sale, transportation, giving, any narcotic to a minor Sale or furnishing substance falsely ,000

35 Health & Safety Offense Term Bail represented Marijuana cultivation , Marijuana: possession ,000 for sale 11360(a) Marijuana: ,000 transportation, sale, furnishing 11361(a) Marijuana: Use by person 18 or older of minor in sale, ,000 transportation, etc., of marijuana; or sale or furnishing to minor under (b) Marijuana: Sale or ,000 furnishing of marijuana by person 18 or older to minor 14 years or older (a)(6) Manufacturing ,000 concentrated cannabis using a volatile solvent Planting, harvesting, ,000 cultivating peyote & Maintaining a place ,000 for sale or use of illegal drugs Use of location to suppress law enforcement entry , False compartment to conceal controlled substance arcotic drug: forging, altering prescription Possession of controlled substance and loaded firearm Possession of more than $100,000 for of ,000 10, , ,000

36 Health & Safety Offense Term Bail from the purchase of controlled substance Possession of ,000 controlled substance Possession of ,000 controlled substance (GHB, Ketamine, Rohypnol) with the intent to commit sexual assault Possession of controlled substance for sale , Possession of PCP for ,000 sale 11379(a) Transportation, sale, ,000 or manufacturing of controlled substance 11379(b) Transport for sale of controlled substance to non-contiguous county , (a) Transportation, sale ,000 or manufacturing of PCP (b) Transport for sale of PCP to noncontiguous county , Manufacture of other ,000 controlled substance Adult using minor as ,000 agent for sale of drugs; inducing minor to violate drug laws; furnishing to minor Sale or furnishing of substances falsely represented to be controlled substances , Possession of certain ,000 chemicals with intent to manufacture

37 Health & Safety Offense Term Bail 11383(a)(b)(c)(d) (a)(b)(c)(d) (e)(f) (a)(b)(c)(d) (a)(b)(c)(d)(e) (f) methamphetamine Possessing certain ,000 chemicals with intent to manufacture phencyclidine Possessing certain ,000 chemicals with intent to manufacture methamphetamine Possession of certain ,000 chemicals with intent to sell, transfer, or furnish with knowledge it will be used to manufacture PCP Possession of certain ,000 chemicals with intent to sell, transfer, or furnish with knowledge it will be used to manufacture methamphetamine Cultivation of mushrooms for controlled substances Transportation of mushrooms ,000 10,000 Vehicle Offense Term Bail Reckless driving in flight to avoid a pursuing peace officer Reckless driving in flight to avoid a pursuing peace officer resulting in death or GBI , ,000 33

38 Vehicle Offense Term Bail Willfully fleeing or attempting to elude a pursuing peace officer in violation of VC while driving on the wrong side of the road 4463 False evidence of registration Owing or operating a chop shop 10803(a) 10851(a) 10851(b) 10851(e)/ (b) (1) 20001(b) (2) 23104(b) Buying, selling or possessing vehicle with altered ID number Driving or taking car without consent Driving or taking emergency vehicle , ,000 25,000 10, , ,000 Driving or taking car ,000 without consent with prior conviction Hit and run with ,000 injury Hit and run with ,000 death or permanent serious injury Reckless driving with ,000 GBI and prior Recklessly driving in violation of that proximately causes specified injuries to others Engaging in speed contest in violation of that proximately causes specified injuries to another 23152/23550 DUI with Three of more prior DUI s within 10 years , , ,000 34

39 Vehicle Offense Term Bail 23152/ DUI with prior felony , prior felony 23153, or prior felony or 192, within 10 years DUI causing injury (no priors) with one prior DUI causing injury ,23152, or with one prior with two prior , 23152, or DUI causing injury with two priors 100,000 25,000 50, ,000 Welfare & Inst. Offense Term Bail Fraud in obtaining welfare assistance; AFDC; food stamps ,000 35

40 SUPERIOR COURT OF CALIFORIA COUTY OF SATA CLARA Misdemeanor Codes 36

41 PEAL CODE Court Appearance Required Except as oted File in Criminal Division Except as oted SECTIO OFFESE AMOUT OF BAIL P.A. P/C M CAT 69 Resisting executive officer 1, CT M 112(a) (a) Manufacture/sell false government document Unauthorized campaign, etc. Dissuading a witness or victim from testifying 5, , , (b) Dissuading a witness or victim from 10, CT M reporting a crime 146a Impersonating an officer 5, CT M 148 Resisting public officer 1, CT M False report to police 1, CT M 148.9(a) Giving false identification 1, CT M 166 Criminal contempt of court 5, CT M 171b 192.(3) Unauthorized weapon into State or local public building or meeting Manslaughter-Misdemeanor (Driving a 5, , CT CT M M 193.8(a)(1) vehicle) Adult relinquishing possession of vehicle to 5, CT M 236 intoxicated minor False imprisonment 5, CT M 237 Unlawful restraint 5, CT M 240 Assault 1, CT M 241 Assault on peace officer, etc. 1, CT M 242 Battery 5, CT M CT CT CT M M M FILE DIV 243(e)(1) 243.4(e)(1) Battery on spouse or cohabitant (Domestic Violence case) Touching against the will of the person touched 10, , CT CT M M (a)(b) Battery on peace officer, etc. 10, CT M Battery of elder or dependent adult 10, CT M 245(a)(1) Assault with a deadly weapon other than firearm 37 10, CT M

42 PEAL CODE Court Appearance Required Except as oted File in Criminal Division Except as oted SECTIO OFFESE AMOUT OF BAIL P.A. P/C M CAT FILE DIV 245(a)(4) 246.3(b) Assault by means of force likely to produce GBI Willfully discharging a BB device in a grossly negligent manner which could result in injury or death 10, , CT CT M M 270 Child eglect, abandonment etc. 5, CT M 270a Unjustified abandonment of spouse 5, CT M 272 Causing minor to become ward of Juvenile Court 5, CT M 273a(a) Willful harm or injury to child 5, CT M 273a(b) Willfully cause or permit child to suffer 5, CT M 273a(1) Cruelty to children 5, CT M All sections 10, CT M All sections 5, CT M 288.4(a)(1) Meeting with a minor or person believed to be a minor for the purpose of exposing genitals, pubic or rectal areas 5, CT M Sex offenders - registration required --First conviction 1, CT M --Second conviction and each thereafter 5, CT M 299.5(i)(1)(a) Knowingly disclose DA information 5, CT M 314 Indecent exposure 5, CT M 337 A.6(a) Bookmaking with prior conviction 5, CT M 337 J(a)(1) Unlawful operate/etc. controlled game 5, CT M 368(b)(1) Abuse of elder dependent or adult 10, CT M 368(c) Cause or permit elderly dependent to suffer 10, CT M 38