Code Section Group

Penal Code - PEN

PART 2. OF CRIMINAL PROCEDURE [681 - 1620]

  ( Part 2 enacted 1872. )

TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5]

  ( Title 10 enacted 1872. )

CHAPTER 1.5. Pretrial Custody Status [1320.7 - 1320.34]

  ( Chapter 1.5 added by Stats. 2018, Ch. 244, Sec. 4. )

ARTICLE 4. Release by Pretrial Assessment Services [1320.10- 1320.10.]
  ( Article 4 added by Stats. 2018, Ch. 244, Sec. 4. )

1320.10.
  

(a) Pretrial Assessment Services shall conduct a prearraignment review of the facts and circumstances relevant to the arrested person’s custody status, and shall consider any relevant and available information provided by law enforcement, the arrested person, any victim, and the prosecution or defense.

(b) Pretrial Assessment Services, using the information obtained pursuant to this section and Section 1320.9, and having assessed a person as having a low risk to public safety and low risk of failure to appear in court, shall release a low-risk person on his or her own recognizance, prior to arraignment, without review by the court, and with the least restrictive nonmonetary condition or combination of conditions that will reasonably assure public safety and the person’s return to court. This subdivision does not apply to a person booked and released under Section 1320.8 or a person who is ineligible for consideration for release prior to arraignment as set forth in subdivision (e).

(c) Pretrial Assessment Services shall order the release or detention of medium-risk persons in accordance with the review and release standards set forth in the local rule of court authorized under Section 1320.11. A person released pursuant to the local rule of court shall be released on his or her own recognizance or on supervised own recognizance release, prior to arraignment, without review by the court, and with the least restrictive nonmonetary condition or combination of conditions that will reasonably assure public safety and the person’s return to court. This subdivision shall not apply to a person booked and released under Section 1320.8 or a person ineligible for consideration prior to arraignment pursuant to subdivision (e) of this section. Pursuant to Section 1320.13, courts may conduct prearraignment reviews and make release decisions and may authorize subordinate judicial officers to conduct prearraignment reviews and make release decisions authorized by this chapter.

(d) A person shall not be required to pay for any nonmonetary condition or combination of conditions imposed pursuant to this section.

(e) Notwithstanding subdivisions (a) and (b), Pretrial Assessment Services shall not release:

(1) A person who has been assessed in the current case by Pretrial Assessment Services using a validated risk assessment tool pursuant to Section 1320.9 and is assessed as high risk.

(2) A person arrested for an offense listed in paragraph (2) or (3) of subdivision (d) of Section 290.

(3) A person arrested for any of the following misdemeanor offenses:

(A) A violation of Section 273.5.

(B) A violation of paragraph (1) of subdivision (e) of Section 243.

(C) A violation of Section 273.6 if the detained person is alleged to have made threats to kill or harm, engaged in violence against, or gone to the residence or the workplace of, the protected party.

(D) A violation of Section 646.9.

(4) A person arrested for a felony offense that includes, as an element of the crime for which the person was arrested, physical violence to another person, the threat of such violence, or the likelihood of great bodily injury, or a felony offense in which the person is alleged to have been personally armed with or personally used a deadly weapon or firearm in the commission of the crime, or alleged to have personally inflicted great bodily injury in the commission of the crime.

(5) A person arrested for a third offense within the past 10 years of driving under the influence of alcohol or drugs or any combination thereof, or for an offense of driving under the influence of alcohol or drugs with injury to another, or for an offense of driving with a blood alcohol level of .20 or above.

(6) A person arrested for a violation of any type of restraining order within the past five years.

(7) A person who has three or more prior warrants for failure to appear within the previous 12 months.

(8) A person who, at the time of arrest, was pending trial or pending sentencing for a misdemeanor or a felony.

(9) A person who, at the time of arrest, was on any form of postconviction supervision other than informal probation or court supervision.

(10) A person who has intimidated, dissuaded, or threatened retaliation against a witness or victim of the current crime.

(11) A person who has violated a condition of pretrial release within the past five years.

(12) A person who has been convicted of a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, within the past five years.

(13) A person arrested with or without a warrant for a serious felony, as defined in subdivision (c) of Section 1192.7, or a “violent felony,” as defined in subdivision (c) of Section 667.5.

(f) Review of the person’s custody status and release pursuant to subdivision (b) or (c) shall occur without unnecessary delay, and no later than 24 hours of the person’s booking. The 24-hour period may be extended for good cause, but shall not exceed an additional 12 hours.

(g) A person shall not be released on his or her own recognizance in accordance with subdivision (b) or (c) until the person signs a release agreement that includes, at a minimum, all of the following from the person:

(1) A promise to appear at all times and places, as ordered by the court.

(2) A promise not to depart this state without the permission of the court.

(3) Agreement to waive extradition if the person fails to appear as required and is apprehended outside of the State of California.

(4) Acknowledgment that he or she has been informed of the consequences and penalties applicable to violation of these conditions of release.

(5) Agreement to obey all laws and orders of the court.

(h) Persons not released pursuant to this section shall be detained until arraignment unless the court provides prearraignment review pursuant to Section 1320.13.

(Added by Stats. 2018, Ch. 244, Sec. 4. (SB 10) Effective date (January 1, 2019) suspended pursuant to referendum petition. Effective only if Ch. 244 is approved as a referendum measure at the November 3, 2020, election. Superseded on operative date of amendment by Stats. 2018, Ch. 980.)

1320.10.
  

(a) Pretrial Assessment Services shall conduct a prearraignment review of the facts and circumstances relevant to the arrested person’s custody status, and shall consider any relevant and available information provided by law enforcement, the arrested person, any victim, and the prosecution or defense.

(b) Pretrial Assessment Services, using the information obtained pursuant to this section and Section 1320.9, and having assessed a person as having a low risk to public safety and low risk of failure to appear in court, shall release a low risk person on his or her own recognizance, prior to arraignment, without review by the court, and with the least restrictive nonmonetary condition or combination of conditions that will reasonably assure public safety and the person’s return to court. This subdivision does not apply to a person booked and released under Section 1320.8 or a person who is ineligible for consideration for release prior to arraignment as set forth in subdivision (e).

(c) Pretrial Assessment Services shall order the release or detention of medium risk persons in accordance with the review and release standards set forth in the local rule of court authorized under Section 1320.11. A person released pursuant to the local rule of court shall be released on his or her own recognizance or on supervised own recognizance release, prior to arraignment, without review by the court, and with the least restrictive nonmonetary condition or combination of conditions that will reasonably assure public safety and the person’s return to court. This subdivision shall not apply to a person booked and released under Section 1320.8 or a person ineligible for consideration prior to arraignment pursuant to subdivision (e) of this section. Pursuant to Section 1320.13, courts may conduct prearraignment reviews and make release decisions and may authorize subordinate judicial officers to conduct prearraignment reviews and make release decisions authorized by this chapter.

(d) A person shall not be required to pay for any nonmonetary condition or combination of conditions imposed pursuant to this section.

(e) Notwithstanding subdivisions (a) and (b), Pretrial Assessment Services shall not release:

(1) A person who has been assessed in the current case by Pretrial Assessment Services using a validated risk assessment tool pursuant to Section 1320.9 and is assessed as high risk.

(2) A person arrested for an offense listed in Section 290.

(3) A person arrested for any of the following misdemeanor offenses:

(A) A violation of Section 273.5.

(B) A violation of paragraph (1) of subdivision (e) of Section 243.

(C) A violation of Section 273.6 if the detained person is alleged to have made threats to kill or harm, engaged in violence against, or gone to the residence or the workplace of, the protected party.

(D) A violation of Section 646.9.

(4) A person arrested for a felony offense that includes, as an element of the crime for which the person was arrested, physical violence to another person, the threat of such violence, or the likelihood of great bodily injury, or a felony offense in which the person is alleged to have been personally armed with or personally used a deadly weapon or firearm in the commission of the crime, or alleged to have personally inflicted great bodily injury in the commission of the crime.

(5) A person arrested for a third offense within the past 10 years of driving under the influence of alcohol or drugs or any combination thereof, or for an offense of driving under the influence of alcohol or drugs with injury to another, or for an offense of driving with a blood alcohol level of .20 or above.

(6) A person arrested for a violation of any type of restraining order within the past five years.

(7) A person who has three or more prior warrants for failure to appear within the previous 12 months.

(8) A person who, at the time of arrest, was pending trial or pending sentencing for a misdemeanor or a felony.

(9) A person who, at the time of arrest, was on any form of postconviction supervision other than informal probation or court supervision.

(10) A person who has intimidated, dissuaded, or threatened retaliation against a witness or victim of the current crime.

(11) A person who has violated a condition of pretrial release within the past five years.

(12) A person who has been convicted of a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, within the past five years.

(13) A person arrested with or without a warrant for a serious felony, as defined in subdivision (c) of Section 1192.7, or a “violent felony,” as defined in subdivision (c) of Section 667.5.

(f) Review of the person’s custody status and release pursuant to subdivision (b) or (c) shall occur without unnecessary delay, and no later than 24 hours of the person’s booking. The 24-hour period may be extended for good cause, but shall not exceed an additional 12 hours.

(g) A person shall not be released on his or her own recognizance in accordance with subdivision (b) or (c) until the person signs a release agreement that includes, at a minimum, all of the following from the person:

(1) A promise to appear at all times and places, as ordered by the court.

(2) A promise not to depart this state without the permission of the court.

(3) Agreement to waive extradition if the person fails to appear as required and is apprehended outside of the State of California.

(4) Acknowledgment that he or she has been informed of the consequences and penalties applicable to violation of these conditions of release.

(5) Agreement to obey all laws and orders of the court.

(h) Persons not released pursuant to this section shall be detained until arraignment unless the court provides prearraignment review pursuant to Section 1320.13.

(Amended (as added by Stats. 2018, Ch. 244) by Stats. 2018, Ch. 980, Sec. 1. (SB 1054) Effective January 1, 2019. Pursuant to Sec. 3 of Stats. 2018, Ch. 980, this amendment is operative only if and when the addition of this section by Stats. 2018, Ch. 244, becomes effective.)

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