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 6. Release or Detention Determination at Arraignment [1320.15 - 1320.18]
  ( Article 6 added by Stats. 2018, Ch. 244, Sec. 4. )

1320.15.
  

At or prior to the defendant’s arraignment, Pretrial Assessment Services shall, if the defendant was not released pursuant to Section 1320.8, submit all of the following information for consideration by the court:

(a) The results of a risk assessment, including the risk score or risk level, or both, obtained using a validated risk assessment instrument.

(b) The criminal charge for which the person was arrested and the criminal history of the person, including the person’s history of failure to appear in court within the past three years.

(c) Any supplemental information reasonably available that directly addresses the defendant’s risk to public safety or risk of failure to appear in court as required.

(d) Recommendations to the court for conditions of release to impose upon a released defendant. Options for conditions of release shall be established by the Judicial Council and set forth in the California Rules of Court.

(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.)

1320.16.
  

(a) The victim of the crime for which the defendant was arrested shall be given notice of the arraignment by the prosecution and, if requested, any other hearing at which the custody status of the defendant will be determined. If requested by the victim, the victim shall be given a reasonable opportunity to be heard on the matter of the defendant’s custody status.

(b) The prosecution shall make a reasonable effort to contact the victim for comment on the defendant’s custody status.

(c) In instances where a victim cannot or does not wish to appear at the arraignment, the prosecution shall submit any of the victim’s comments on the defendant’s custody status in writing to the court.

(d) The appearance or nonappearance of the victim and any comments provided by the victim shall be included in the record.

(e) If requested by either party, the court may review and modify the conditions of the defendant’s release at arraignment.

(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.)

1320.17.
  

At arraignment, the court shall order a defendant released on his or her own recognizance or supervised own recognizance with the least restrictive nonmonetary condition or combination of conditions that will reasonably assure public safety and the defendant’s return to court unless the prosecution files a motion for preventive detention in accordance with Section 1320.18.

(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.)

1320.18.
  

(a) At the defendant’s arraignment, or at any other time during the criminal proceedings, the prosecution may file a motion seeking detention of the defendant pending a trial, based on any of the following circumstances:

(1) The crime for which the person was arrested was committed with violence against a person, threatened violence, or the likelihood of serious bodily injury, or was one in which the person was personally armed with or personally used a deadly weapon or firearm in the commission of the crime, or was one in which he or she personally inflicted great bodily injury in the commission of the crime.

(2) At the time of arrest, the defendant was on any form of postconviction supervision other than informal probation or court supervision.

(3) At the time of arrest, the defendant was subject to a pending trial or sentencing on a felony matter.

(4) The defendant intimidated or threatened retaliation against a witness or victim of the current crime.

(5) There is substantial reason to believe that no nonmonetary condition or combination of conditions of pretrial supervision will reasonably assure protection of the public or a victim, or the appearance of the defendant in court as required.

(b) The court shall hold a preventive detention hearing as set forth in Section 1320.19.

(c) Upon the filing of a motion for preventive detention, the court shall make a determination regarding release or detention of the defendant pending the preventive detention hearing. When making the release or detention determination and ordering conditions of release pending the preventive detention hearing, the court shall consider the information provided by Pretrial Assessment Services, including recommendations on conditions of release and shall give significant weight to recommendations and assessment of Pretrial Assessment Services.

(d) If the court determines there is a substantial likelihood that no nonmonetary condition or combination of conditions of pretrial supervision will reasonably assure the appearance of the defendant at the preventive detention hearing or reasonably assure public safety prior to the preventive detention hearing, the court may detain the defendant pending a preventive detention hearing, and shall state the reasons for detention on the record.

(e) (1) If the court determines there is not a sufficient basis for detaining the defendant pending the preventive detention hearing, the court shall release the defendant on his or her own recognizance or on supervised own recognizance and impose the least restrictive nonmonetary condition or combination of conditions of pretrial release to reasonably assure public safety and the appearance of the defendant in court as required.

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

(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.)

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