Stanislaus County Superior Court
Felony Bail Schedule
(pages i-54)
Misdemeanor & Infraction Bail Schedule
(PC §1269b(d))
(pages 59-96)
Effective July 2013
Felony Bail Schedule – Table of Contents
General Information...... ii
Key to Abbreviations...... iii
Rules of Application...... iv
General Felony Bail Schedule
Health and Safety Code...... 7
Penal Code...... 10
Vehicle Code...... 30
Welfare & Institutions Code...... 31
Business and Professions Code...... 32
Civil Code...... 34
Corporations Code...... 35
Elections Code...... 37
Financial Code...... 39
Fish and Game Code...... 40
Food and Agriculture Code...... 41
Government Code...... 42
Harbors and Navigation Code...... 43
Insurance Code...... 44
Labor Code...... 45
Military and Veterans Code...... 45
Public Contract Code...... 45
Public Resources Code...... 45
Public Utilities Code...... 46
Revenue and Taxation Code...... 46
Unemployment Insurance Code...... 46
Schedule A--(Not Listed Offenses)...... 47
Schedule B--(Enhancements)...... 48
Schedule C--(Allegations)...... 55
Stanislaus County Felony Bail Schedule
General Information
1.Pursuant to the requirementsof Penal Code Section 1269b, this felony bail schedule is adopted by the Superior Court of Stanislaus County and is to be utilized in setting bail for the release of persons arrested on felony charges, without warrant, for the alleged commission 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 magistrate in his or her discretion, determines a different amount of bail is appropriate or grants a request for release on own recognizance or a request to increase or lower bail pursuant to Penal Code Section 1269c.
3.This schedule shall supersede all prior felony bail schedules in Stanislaus County and shall become effective July 1, 2013. This bail schedule will be revised annually in accordance with 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 of persons held in custody on felony charges in the amount of bail as set forth in accordance with this schedule. Jailers, booking officers, and clerks should receive periodic training on the use of the bail schedule. Training will be provided by a designated person from the Superior Court Clerk’s Office.
5.Pursuant to Penal Code Section 1269c, if a peace officer has reasonable cause to believe that the amount of bail set forth in the schedule of bail for that offense is insufficient to assure defendant’s appearance, the peace officer shall prepare a declaration in writing, under penalty of perjury, setting forth the facts and circumstances in support of the peace officer’s belief and file it with a magistrate. Similarly, the arrested person, either personally or through his/her attorney, friend, or member of his/her family, may make application to a magistrate for release on bail lower than that provided in the schedule of bail or on his/her own recognizance within eight (8) hours after booking. If no change in bail is approved by the magistrate within eight (8) hours after booking, bail shall be set according to the bail schedule.
6.Bail for release from custody may be given in cash or by a properly executed property bond approved by the court after a hearing or by a surety bond executed by a certified surety insurer.
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Key to Abbreviations in Bail Schedules
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Stanislaus County Felony Bail Schedule
Rules of Application
Rule #1If the arrest is for a single offense only, bail shall be set according to the General Felony Bail Schedule for that offense. (See Schedules B and C for addition of enhancement and special allegation bail increments).
Example: Person arrested for assault with deadly weapon only (245(a)(1) PC). Bail should 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.
Rule #2If the arrest is for multiple offenses, bail shall be set according to the General Felony Bail Schedule for the offensesprovided that the felonies were not committed on the same occasion and did not arise from the same set of operative facts(i.e., the offenses are not PC 654 to each other).(See Schedules B and C for addition of enhancement 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 PC 459(2), PC 496.1, PC 459(2), PC 496.1 and has a PC 667.5(b) prior alleged. Total bail = $10,000 + 10,000 +5,000 = $25,000.
Rule #3[Not used]
Rule #4If the arrest is for an offense or offenses not listed in the General Felony Bail Schedule, bail shall be as set forth in Schedule A (See Schedules B and C for addition of enhancement and special allegation bail increments).
Rule #5Bail may be added to the base bail for enhancements and extraordinary circumstances per Schedule B, by the booking officer, at the time of booking, if the arresting officer and/or the accused’s criminal history (rap sheet) provide sufficient, reliable information to the booking officer to justify the increased bail. Bail per Schedule C is not to be added by the booking officer. Once charges are filed by complaint or information, bail for enhancements, extraordinary circumstances, and special allegations per Schedules B and C shall be added by the judges of the Superior Court.
Rule #6The following felony offenses shall have a bail amount equal to the substantive offense which was the object of the conspiracy or attempt unless the General Felony Bail Schedule indicates otherwise. (e.g., attempted robbery, attempted murder, attempted arson).
PC Section 182 (conspiracy)
PC Section 664 (attempt)
Rule #7Violation of Felony Probation (PC§1203.2/1203.3) arrest without a warrant shall have bail set at $50,000. Violation of MandatorySupervision (PC §1170(h)(5)), Postrelease Community Supervision (PC §3450 et seq.), or Parole (PC § 3000 et seq.) arrest without a warrant shall have bail set at “No Bail”.
Rule #8If the arrest without a warrant is for both felony and misdemeanor offenses, bail shall be set for the felony offense(s) ONLY unless a charge of 23152(a) or (b) is added. If so, the additional bail for 23152(a) or 23152(b) shall be added to the felony bail amount. No additional bail should be set for other misdemeanor offense(s) unless approved by a magistrate, or the misdemeanor arrest was based upon a warrant for which bail was previously set.
Rule #9If defendant is charged with a felony and one prior serious or violent felony (1192.7(c) or 667.5(c)) is alleged pursuant to PC§667(d), bail shall be double of that specified for the underlying charge in this bail schedule. (One-strike cases)
Rule #10All felony offenses having a possible sentence of a number of years to life shall have bail set at $250,000, unless a different bail amount is specifically listed.
Rule #11If a defendant is charged with a felony and two or more prior serious or violent felonies (1192.7(c) or 667.5(c)) are alleged 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 a determinate sentence pursuant to PC §1170.12 (c)(2)(C), then at pretrial the court shall set bail as follows: compute the bail amount for the charges and enhancements according to the schedule, then apply Rule #9 to the first 667(d) prior, and then add $25,000 for each additional 667(d) prior.
Rule #12In any case in which the defendant fails to appear as ordered by the court or by law enforcement on a promise to appear, $500 shall be added by the court to whatever bail is set as reasonably necessary. On subsequent failures to appear, the court shall add $550 to the second and $555 to the third.
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Rule #13Pursuant to Penal Code Section 1270.1, the prosecuting attorney and defense attorney shall be given a two court-day written notice and an opportunity to be heard in open court before any person who is arrested for any of the following crimes may be released on bail in an amount that is EITHER MORE OR LESS than the amount contained in the schedule of bail for the offense, or may be released on his or her own recognizance:
- Any 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 person
with 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 set in the amount of the warrant plus $100,000. Forty eight (48) hoursnotice is required to deviate from this rule. See PC §1554.3
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Health and Safety Code
Note: Always check Schedule B ((11370.4(a), 11370.4(b), and 11379.8)) when large amounts of controlled substances are allegedly involved.
Code Section / Description of Crime / Bail1390 / Willful violation of health care services provisions / 10,000
1621.5 / Donation of blood, organs, tissue, or semen by person knowing he/she has AIDS (rev. 7/13) / 35,000
7051 / Unlawful removal of human remains for sale to dissect / 10,000
7052 / Unauthorized removal or mutilation of human remains / 10,000
11100 / Transferring CS w/out reporting or filing false report w/pc / 10,000
11100.1 / Failing to report receipt of CS w/pc / 10,000
11104(a) / Transfer of substance w/knowledge of intent to manufacture CS / 10,000
11105 / Knowingly making false statement on report of drug activity / 10,000
11105 / Violation of section w/pc / 15,000
11106 / Transferring CS w/o permit / 10,000
11153 / Issuing prescription to addict/habitual user of CS / 10,000
11153.5 / Wholesaler knowingly furnishing CS not for medical purposes / 10,000
11162.5 / Counterfeiting official prescription blank / 10,000
11162.5 / Possession of four or more counterfeit prescription blanks / 10,000
11350(a) / Possession of CS / 10,000
11350(b) / Possession of CS specified in §11054(e) / 10,000
11351 / Possession of CS for sale / 50,000
11351.5 / Possession or purchase for sale of cocaine base / 50,000
11352(a) / Illegal transportation, sale, furnishing of certain specific or classified CS / 50,000
11352(b) / Illegal transportation, sale, furnishing of certain specific or classified CS between noncontiguous counties / 50,000
11352.5 / Possession for sale of Heroin / 50,000
11353 / Person 18 yrs or over using minor in sale, transportation or giving to a minor certain specific or classified controlled substances / 50,000
11353.5 / Sale by adult to minor of CS at school, public playground, church, synagogue or child day care center / 50,000
11353.7 / Sale by adult to minor of CS in public park / 50,000
11354 / Person under 18 yrs or over using minor in sale, transportation or giving to a minor certain specific classified substances / 10,000
11355 / Selling/furnishing substance falsely represented to be CS / 10,000
11357(a) / Possession of concentrated cannabis - felony / 10,000
11358 / Cultivating/harvesting/processing marijuana / 10,000
11359 / Possession of marijuana for sale / 25,000
11360(a) / Sale or transportation of marijuana / 50,000
11361(a) / Person 18 yrs or over using minor in sale or transportation or giving to a minor 14 or under (rev. 7/13) / 50,000
11361(b) / Person 18 yrs or over who furnishes, administers or gives, marijuana to a minor over 14 / 20,000
11363 / Cultivating/harvesting/processing peyote / 10,000
11364.7(b) / Manufacturing drug paraphernalia / 10,000
11366 / Maintaining place for selling/using CS / 10,000
11366.5(a) / Managing place for manufacture, storage, or distribution of CS / 10,000
11366.5(b) / Managing place for CS and knowingly allowing it to be fortified against police / 15,000
11366.5(c) / Violation of Health and S C§11366.5(a) w/prior conviction / 15,000
11366.6 / Use of fortified place to sell or manufacture CS / 20,000
11366.7 / Sale of chemical, drug or lab equip for unlawful use / 10,000
11366.8(a) / Possession, use or control of false compartment to store, smuggle, or transport CS / 15,000
11366.8(b) / Construction or installation of false compartment to store, smuggle, or transport CS / 15,000
11368 / Forgery/alter prescription of any narcotic drug / 10,000
11370.1 / Possession of CS while in possession of loaded firearm (rev. 7/13) / 35,000
11370.6 / Possession of funds over $100,000 to purchase CS / 25,000
11370.9 / Receive, transfer, invest, or manage funds over $25,000 derived from CS offenses / 25,000
11371 / Violate/solicit minor to violate CS prescription laws / 10,000
11371.1 / Violate/induce minor to violate CS laws / 15,000
11374.5 / Unlawful disposal of hazardous substance used in manufacturing CS / 50,000
11375 / Possession for sale of designated CS / 10,000
11377 / Possession of non-narcotic CS / 10,000
11378 / Possession of non-narcotic CS for sale / 50,000
11378.5 / Possession of PCP for sale / 50,000
11379(a) / Sale or transport of non-narcotic CS / 50,000
11379(b) / Transportation for sale of non-narcotic CS between noncontiguous counties (rev. 7/13) / 50,000
11379.2 / Sale or possession for sale of CS specified in §11056(g) / 10,000
11379.5 / Sale or transportation of PCP / 50,000
11379.5(b) / Transportation for sale of PCP between noncontiguous counties / 50,000
11379.6(a) / Manufacturing of PCP, Methamphetamine or other CS / 250,000
11379.6(b) / Offering to manufacture PCP, Methamphetamine or other CS (rev. 7/13) / 30,000
11380 / Adult inducing minor’s involvement w/non-narcotic CS (rev. 7/13) / 50,000
11382 / Selling or furnishing substance falsely represented to be CS / 10,000
11383(a) / Possession of materials wit manufacture methamphetamine (rev. 7/13) / 35,000
11383(b) / Possession of materials wit manufacture PCP (rev. 7/13) / 35,000
11383(c) / Possession of materials wit manufacture methamphetamine (rev. 7/13) / 35,000
11383.5(b)(1) / Possession of ephedrine like substance w/intent to manufacture methamphetamine (rev 7/13) / 35,000
11383.7 / Possession of precursors for manufacturing of methamphetamine (rev 7/08) / 20,000
11390 / Cultivating mushrooms for CS / 10,000
11391 / Sale or transportation of mushrooms for CS / 10,000
11550(e) / Under influence of CS while in possession of loaded firearm (rev. 7/13) / 35,000
11550(f) / Second or subsequent conviction of §11550(e) (rev. 7/13) / 50,000
12702 / Furnishing fireworks to minors / 10,000
25189.5(b) / Knowing disposal of hazardous waste at unauthorized site / 10,000
25189.5(c) / Transport of hazardous waste to unauthorized plant / 10,000
25189.5(d) / Treatment or storage of hazardous waste at unauthorized facility / 10,000
25189.6(a) / Treatment, transport, disposal, or storage of hazardous waste that causes unreasonable risk of fire, explosion, or serious injury / 20,000
25189.6(b) / Violation of §25189.6(a) that places person in imminent danger of serious harm or death (rev. 7/13) / 50,000
25189.7(b) / Burning hazardous waste at unauthorized facility / 10,000
25190 / Violation of hazardous waste disposal regulations w/pc / 5,000
25191(a) / Illegal transport of hazardous waste w/pc / 10,000
25515 / Failure to report release of hazardous waste w/pc / 5,000
103800 / Willful filing of false birth certificate (rev. 7/13) / 10,000
115215(b)(1) / Unauthorized disposal of radioactive material causing substantial danger to public health or safety / 15,000
115215(b)(2) / Unauthorized disposal of radioactive material causing GBI or substantial probability of death (rev. 7/13) / 40,000
116750(a) / Tampering with public water system / 50,000
116750(b) / Threatening to tamper with public water system / 20,000
118340(a) / Unauthorized treatment, transport, storage, or disposal of medical waste w/pc (rev. 7/13) / 10,000
118340(d) / Knowing unauthorized treatment or disposal of medical waste (rev. 7/13) / 10,000
120291(a) / Willfully infecting another with HIV by engaging in unprotected sex (rev. 7/13) / 50,000
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Penal Code
Code Section / Description of Crime / Bail32 / Accessory after the fact to a felony (rev. 12/10) / 25,000
38 / Knowledge and concealment of treason / 15,000
67 / Bribing state executive (rev. 12/10) / 25,000
67.5 / Bribing state official/employee (rev. 12/10) / 25,000
68 / State official asking for or receiving bribe (12/10) / 25,000
69 / Resisting or deterring executive officer (rev. 12/10) / 25,000
71 / Threat to injure school or public employees / 20,000
72 / False claim to public board or officer w/I to defraud / 10,000
76(a)(1) / Threatening life of or threatening serious bodily harm to government official / 100,000
76(a)(2) / Threatening life of or threatening serious bodily harm to government official w/pc / 100,000
85 / Bribing legislator (rev. 12/10) / 50,000
86 / Legislator accepting bribe (rev. 12/10) / 50,000
92 / Bribing judicial officer or juror (rev. 12/10) / 50,000
93 / Judicial officer or juror accepting bribe (rev. 12/10) / 50,000
95 / Influencing juror/referee/umpire / 10,000
95.1 / Threatening juror following verdict (rev. 12/10) / 50,000
96 / Misconduct of jurors/referees/umpires (rev. 7/13) / 10,000
99 / State printer conflict of interest (rev. 7/13) / 10,000
100 / Collusion of state printer in fraud against state / 10,000
107 / Escape of felon prisoner from training school/county hospital / 10,000
109 / Assisting escape of inmate from training school/reformatory/etc. / 10,000
110 / Send/carry into training school/reformatory items for escape / 10,000
113 / Manufacture false documents (rev. 7/13) / 25,000
114 / Use of false documents / 10,000
115 / Attempt to record false or forged instrument / 15,000
115.1 / Publishing campaign advertisement containing unauthorized signature (rev. 7/13) / 10,000
116 / Tampering w/jury list / 10,000
117 / Certifying false jury list / 10,000
118 / Perjury / 10,000
118a / Perjury by false document / 10,000
118.1 / Peace officer filing a false report / 10,000
127 / Subornation of perjury / 10,000
129 / False return under oath / 10,000
132 / Offer false/forged/altered evidence / 10,000
134 / Preparing false evidence / 10,000
136.1(a) / Maliciously dissuade witness or victim from testifying (rev. 12/10) / 50,000
136.1(b) / Dissuade witness to or victim of crime from making report (rev. 12/10) / 50,000
136.1(c) / Prevent testimony w/threat of violence or force (rev. 12/10) / 75,000
136.1(d) / Attempt to prevent testimony / 20,000
136.5 / Possess deadly weapon wit dissuade witness from testimony / 20,000
137(a) / Inducing false testimony by bribing witness / 10,000
137(b) / Inducing false testimony through use of force or threat / 20,000
138 / Witness soliciting or receiving bribe / 10,000
139 / Threatening witness to or victim of crime (rev. 12/10) / 50,000
140 / Use of force or threat of force or violence to witness or victim because of assistance in prosecution (rev. 12/10) / 50,000
141(b) / Peace officer filing false evidence (rev. 7/13) / 25,000
142 / Officer refusing to receive or make arrest / 10,000
146a(b) / Impersonating an officer (rev. 12/10) / 25,000
146e(b) / Disclosure of address/phone number of peace officer or family member resulting in bodily injury to these persons (rev. 7/13) / 50,000
148(b) / Taking of weapon while resisting arrest / 15,000
148(c) / Taking of firearm while resisting arrest / 20,000
148(d) / Taking of firearm from peace officer w/it permanently deprive / 15,000
148.1(a) / False bomb report to official / 10,000
148.1(b) / False bomb report to on-duty peace officer / 10,000
148.1(c) / False bomb report to any other person / 10,000
148.1(d) / Sending/mailing a facsimile bomb to any person / 10,000
148.1(d) / Malicious possession of facsimile bomb witc another to fear for his or her safety / 10,000
148.3(b) / False report of emergency resulting in death/GBI (rev. 7/13) / 50,000
148.4(b) / Tamper w/fire alarm resulting in death/GBI (rev. 7/13) / 50,000
148.1 / Resisting officer and causing death or serious bodily injury (rev. 7/13) / 50,000
149 / Assault or battery by police (rev. 12/10) / 25,000
151(a)(2) / Advocating injury/death of peace officer resulting in injury/death / 25,000
154 / Defrauding creditors by selling or concealing property / 10,000
155 / Selling or concealing property by defendant or judgment debtor / 10,000
155.5(b) / Disposal of property by convicted felon prior to sentencing or during period restitution order remains unsatisfied and enforceable to avoid making restitution / 10,000
156 / Producing spurious heir / 15,000
157 / Substituting child / 15,000
165 / Giving or offering bribe to official (rev. 12/10) / 25,000
166(c)(4) / Violation of protective order w/pc (rev. 7/13) / 25,000
166(d) / Purchase or receipt of firearm in violation of protective order / 10,000
168 / Disclosing warrant prior to execution / 10,000
171b / Bringing firearm, knife, or deadly weapon into state or local public building / 10,000
171c / Bringing loaded firearm into state office/capitol/legislative office / 10,000
171d / Bringing loaded firearm into res/grounds of governor/legis off/legislator / 10,000
181 / Involuntary servitude or sale of person / 20,000
182(a)(1) / Criminal conspiracy to commit felony (see underlying felony) (rev. 12/10) / same as crime
182(a)(2) / Conspiracy to indict falsely (rev. 12/10) / same as crime
182(a)(3) / Conspiracy to maintain false court action (rev. 12/10) / same as crime
182(a)(4) / Conspiracy to cheat or defraud (rev. 12/10) / same as crime
182(a)(5) / Conspiracy to obstruct justice (rev. 12/10) / same as crime
182(a)(6) / Conspiracy against public official / 50,000
182.5 / Criminal street gang conspiracy (see underlying felony) / 15,000
186.10(a) / Money laundering / 10,000
186.22(a) / Participation in criminal street gang activity (rev. 12/10) / 50,000
186.22(b) / Committing felony while violating provisions against participating in criminal street gang (rev. 7/13) / 50,000
186.22(d) / Commission of wobbler (felony/misd) in association with criminal street gang (rev. 7/13) / 25,000
186.26(a) / Soliciting or recruiting person to participate in criminal street gang / 10,000
186.26(b) / Use of threats of physical violence on two or more occasions within 30-day period to coerce, induce, or solicit another person to participate in criminal street gang activity (rev. 7/13) / 50,000
186.26(c) / Use of physical violence to coerce, induce or solicit another person to participate in criminal street gang or to prevent person from leaving gang (rev. 7/13) / 50,000
186.28 / Supplying or selling of firearm for use in commission of felony by criminal street gang member (rev. 7/13) / 25,000
187 / Murder (rev. 06/11) / No Bail until Arrain
191.5 / Vehicular manslaughter, w/drugs or alcohol, and w/gross neg / 100,000
191.5 / Vessel manslaughter, w/drugs or alcohol, and w/gross neg / 100,000
192(a) / Voluntary manslaughter / 100,000
192(b) / Involuntary manslaughter (rev. 12/10) / 50,000
192(c)(1) / Vehicular manslaughter, w/o drugs or alcohol, but w/gross neg / 50,000
192(c)(3) / Vehicular manslaughter, w/drugs or alcohol, but w/o gross neg / 25,000