California Judicial Council Votes to Set Bail at $0 for most Lower-Level Felonies

*Under state emergency bail schedule applicable April 13 – $0 bail for most offenses.

• felony strike (serious or violent)
• misdemeanor willful violation of protective order
• felony resisting executive officer
• certain witness intimidation (involving force, threats, conspiracy, or pecuniary gain)
• spousal rape
• misdemeanor or felony domestic battery
• violating a restraining order (with threats, violence, or going to victim’s home or work)
• felony criminal threats
• misdemeanor or felony stalking
• any crimes requiring sex offender registration
• felony looting (burglary or grand theft during state of emergency)
• felon in possession of firearm.

Counties are free to reduce bail for other offenses.

Bail for all misdemeanor probation violations also must be $0.

Bail for violations of felony probation or parole also must be $0 unless it is for one of the listed exceptions.

Remains in effect until 90 days after declared emergency over. (Will any of its changes remain after that?)

Pursuant to new emergency bail schedule, Defendants are supposed to be released w/o even having a bail hearing.

Los Angeles District Attorney’s Office discussed trying to get around no-bail rules by seeking arrest warrants. San Bernardino and Orange County Sheriffs were both highly critical of new no-bail law.

Some have suggested release of all the defendants will cause increased crime.