reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1233.61.

1233.61. (a) The Department of Finance shall increase to no more than two hundred thousand dollars ($200,000) the award amount for any county whose statewide performance incentive payment and county performance incentive payment, as calculated pursuant to Sections 1233.3 and 1233.4, totals less than two hundred thousand dollars ($200,000).
(b) The Department of Finance shall adjust the award amount up to two hundred thousand dollars ($200,000) per county, to those counties that did not receive a statewide performance incentive payment and county performance incentive payment, as calculated pursuant to Sections 1233.3 and 1233.4.
(c) Any county receiving funding through subdivision (b) shall submit a report to the Judicial Council and the Chief Probation Officers of California describing how it plans on using the funds to enhance its ability to be successful under this chapter. Commencing January 1, 2014, a county that fails to submit this report by March 1 annually shall not receive funding pursuant to subdivision (b) in the subsequent fiscal year.
(d) A county that fails to provide the information specified in Section 1231 to the Judicial Council shall not be eligible for payment pursuant to this section.
(e) This section shall not be used to calculate incentive payments for the 2021–22 fiscal year.
(Amended by Stats. 2021, Ch. 80, Sec. 8. (AB 145) Effective July 16, 2021.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1233.7.

1233.7. The moneys appropriated pursuant to this chapter shall be used to supplement, not supplant, any other state or county appropriation for a CPO or a probation department.
(Amended (as added by Stats. 2009, Ch. 608, Sec. 2) by Stats. 2010, Ch. 328, Sec. 172. (SB 1330) Effective January 1, 2011.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1233.9.

1233.9. (a) There is hereby created in the State Treasury the Recidivism Reduction Fund for moneys to be available upon appropriation by the Legislature, for activities designed to reduce the state’s prison population, including, but not limited to, reducing recidivism. Funds available in the Recidivism Reduction Fund may be transferred to the State Community Corrections Performance Incentives Fund.
(b) Any funds in the Recidivism Reduction Fund not encumbered by June 30, 2016, shall revert to the General Fund upon order of the Department of Finance.
(c) The Recidivism Reduction Fund shall be abolished once all funds encumbered in the Recidivism Reduction Fund are liquidated.
(Amended by Stats. 2015, Ch. 26, Sec. 27. (SB 85) Effective June 24, 2015.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1233.12.

1233.12. (a) Notwithstanding Sections 1233.3 and 1233.4, in each of the 2022–23 and 2023–24 fiscal years, the amount of one hundred twenty-two million eight hundred twenty-nine thousand three hundred ninety-seven dollars ($122,829,397) is hereby appropriated from the General Fund to the State Community Corrections Performance Incentives Fund, established pursuant to Section 1233.6, for the community corrections program. Funds shall be allocated by the Controller to counties according to the requirements of the program and pursuant to the following schedule:
Alameda
$ 2,760,919
Alpine
$ 200,000
Amador
$ 233,777
Butte
$ 416,404
Calaveras
$ 512,027
Colusa
$ 267,749
Contra Costa
$ 6,643,176
Del Norte
$ 200,000
El Dorado
$ 348,495
Fresno
$ 3,156,754
Glenn
$ 223,171
Humboldt
$ 1,055,456
Imperial
$ 203,247
Inyo
$ 222,098
Kern
$ 1,519,187
Kings
$ 1,105,869
Lake
$ 465,073
Lassen
$ 253,037
Los Angeles
$ 37,413,530
Madera
$ 1,237,543
Marin
$ 988,095
Mariposa
$ 200,000
Mendocino
$ 592,510
Merced
$ 1,032,961
Modoc
$ 202,975
Mono
$ 257,466
Monterey
$ 300,463
Napa
$ 329,767
Nevada
$ 669,278
Orange
$ 4,973,540
Placer
$ 545,848
Plumas
$ 442,681
Riverside
$ 6,954,331
Sacramento
$ 12,329,233
San Benito
$ 282,215
San Bernardino
$ 8,357,087
San Diego
$ 2,930,998
San Francisco
$ 3,060,552
San Joaquin
$ 2,227,270
San Luis Obispo
$ 1,322,460
San Mateo
$ 1,175,827
Santa Barbara
$ 1,416,944
Santa Clara
$ 1,747,784
Santa Cruz
$ 1,746,643
Shasta
$ 512,037
Sierra
$ 215,489
Siskiyou
$ 284,355
Solano
$ 807,241
Sonoma
$ 1,067,821
Stanislaus
$ 1,286,879
Sutter
$ 738,100
Tehama
$ 458,088
Trinity
$ 200,000
Tulare
$ 1,864,437
Tuolumne
$ 382,373
Ventura
$ 783,267
Yolo
$ 1,504,870
Yuba
$ 200,000
(b) The total annual payment to each county, as scheduled in subdivision (a), shall be divided into four equal quarterly payments.
(c) A county that fails to provide the information required in Section 1231 to the Judicial Council shall not be eligible for payment pursuant to this section.
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Added by Stats. 2022, Ch. 58, Sec. 14. (AB 200) Effective June 30, 2022. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1235.

1235. (a) Either party to a felony case may appeal on questions of law alone, as prescribed in this title and in rules adopted by the Judicial Council. The provisions of this title apply only to such appeals.
(b) An appeal from the judgment or appealable order in a felony case is to the court of appeal for the district in which the court from which the appeal is taken is located.
(Amended by Stats. 1998, Ch. 931, Sec. 397. Effective September 28, 1998.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1236.

1236. The party appealing is known as the appellant, and the adverse party as the respondent, but the title of the action is not changed in consequence of the appeal.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1237.

1237. An appeal may be taken by the defendant from both of the following:
(a) Except as provided in Sections 1237.1, 1237.2, and 1237.5, from a final judgment of conviction. A sentence, an order granting probation, or the commitment of a defendant for insanity, the indeterminate commitment of a defendant as a mentally disordered sex offender, or the commitment of a defendant for controlled substance addiction shall be deemed to be a final judgment within the meaning of this section. Upon appeal from a final judgment the court may review any order denying a motion for a new trial.
(b) From any order made after judgment, affecting the substantial rights of the party.
(Amended by Stats. 2015, Ch. 194, Sec. 1. (AB 249) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1237.1.

1237.1. No appeal shall be taken by the defendant from a judgment of conviction on the ground of an error in the calculation of presentence custody credits, unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction of the record in the trial court, which may be made informally in writing. The trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the calculation of presentence custody credits upon the defendant’s request for correction.
(Amended by Stats. 2015, Ch. 194, Sec. 2. (AB 249) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1237.2.

1237.2. An appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court, which may be made informally in writing. The trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs upon the defendant’s request for correction. This section only applies in cases where the erroneous imposition or calculation of fines, penalty assessments, surcharges, fees, or costs are the sole issue on appeal.
(Added by Stats. 2015, Ch. 194, Sec. 3. (AB 249) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1237.5.

1237.5. No appeal shall be taken by the defendant from a judgment of conviction upon a plea of guilty or nolo contendere, or a revocation of probation following an admission of violation, except where both of the following are met:
(a) The defendant has filed with the trial court a written statement, executed under oath or penalty of perjury showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings.
(b) The trial court has executed and filed a certificate of probable cause for such appeal with the clerk of the court.
(Amended by Stats. 2002, Ch. 784, Sec. 550. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1238.5.

1238.5. Upon appeal by the prosecution pursuant to Section 1238, where the notice of appeal is filed after the expiration of the time available to defendant to seek review of an otherwise reviewable order or ruling and the appeal by the prosecution relates to a matter decided during the time available to the defendant to seek review of the otherwise reviewable order or ruling, the time for defendant to seek such review is reinstated to run from the date the notice of appeal was filed with proof of service upon defendant or his counsel.
The Judicial Council shall provide by rule for the consolidation of such petition for review with the prosecution appeal.
(Added by Stats. 1975, Ch. 1195.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1239.

1239. (a) Where an appeal lies on behalf of the defendant or the people, it may be taken by the defendant or his or her counsel, or by counsel for the people, in the manner provided in rules adopted by the Judicial Council.
(b) When upon any plea a judgment of death is rendered, an appeal is automatically taken by the defendant without any action by him or her or his or her counsel. The defendant’s trial counsel, whether retained by the defendant or court appointed, shall continue to represent the defendant until completing the additional duties set forth in paragraph (1) of subdivision (e) of Section 1240.1.
(Amended (as added by Stats. 1982, Ch. 917, Sec. 4) by Stats. 1988, Ch. 551, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1239.1.

1239.1. (a) It is the duty of the Supreme Court in a capital case to expedite the review of the case. The court shall appoint counsel for an indigent appellant as soon as possible. The court shall only grant extensions of time for briefing for compelling or extraordinary reasons.
(b) When necessary to remove a substantial backlog in appointment of counsel for capital cases, the Supreme Court shall require attorneys who are qualified for appointment to the most serious non-capital appeals and who meet the qualifications for capital appeals to accept appointment in capital cases as a condition for remaining on the court’s appointment list. A “substantial backlog” exists for this purpose when the time from entry of judgment in the trial court to appointment of counsel for appeal exceeds 6 months over a period of 12 consecutive months.
(Added November 8, 2016, by initiative Proposition 66, Sec. 5.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1240.

1240. (a) When in a proceeding falling within the provisions of Section 15421 of the Government Code a person is not represented by a public defender acting pursuant to Section 27706 of the Government Code or other counsel and he is unable to afford the services of counsel, the court shall appoint the State Public Defender to represent the person except as follows:
(1) The court shall appoint counsel other than the State Public Defender when the State Public Defender has refused to represent the person because of conflict of interest or other reason.
(2) The court may, in its discretion, appoint either the State Public Defender or the attorney who represented the person at his trial when the person requests the latter to represent him on appeal and the attorney consents to the appointment. In unusual cases, where good cause exists, the court may appoint any other attorney.
(3) A court may appoint a county public defender, private attorney, or nonprofit corporation with which the State Public Defender has contracted to furnish defense services pursuant to Government Code Section 15402.
(4) When a judgment of death has been rendered the Supreme Court may, in its discretion, appoint counsel other than the State Public Defender or the attorney who represented the person at trial.
(b) If counsel other than the State Public Defender is appointed pursuant to this section, he may exercise the same authority as the State Public Defender pursuant to Chapter 2 (commencing with Section 15420) of Part 7 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1975, Ch. 1125.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1241.

1241. In any case in which counsel other than a public defender has been appointed by the Supreme Court or by a court of appeal to represent a party to any appeal or proceeding, such counsel shall receive a reasonable sum for compensation and necessary expenses, the amount of which shall be determined by the court and paid from any funds appropriated to the Judicial Council for that purpose. Claim for the payment of such compensation and expenses shall be made on a form prescribed by the Judicial Council and presented by counsel to the clerk of the appointing court. After the court has made its order fixing the amount to be paid the clerk shall transmit a copy of the order to the State Controller who shall draw his warrant in payment thereof and transmit it to the payee.
(Amended by Stats. 1975, Ch. 1125.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1242.

1242. An appeal taken by the people in no case stays or affects the operation of a judgment in favor of the defendant, until judgment is reversed.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1243.

1243. An appeal to the Supreme Court or to a court of appeal from a judgment of conviction stays the execution of the judgment in all cases where a sentence of death has been imposed, but does not stay the execution of the judgment or order granting probation in any other case unless the trial or appellate court shall so order. The granting or refusal of such an order shall rest in the discretion of the court, except that a court shall not stay any duty to register as a sex offender pursuant to Section 290. If the order is made, the clerk of the court shall issue a certificate stating that the order has been made.
(Amended by Stats. 1998, Ch. 960, Sec. 3. Effective January 1, 1999.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1244.

1244. If the certificate provided for in the preceding section is filed, the Sheriff must, if the defendant be in his custody, upon being served with a copy thereof, keep the defendant in his custody without executing the judgment, and detain him to abide the judgment on appeal.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1245.

1245. If before the granting of the certificate, the execution of the judgment has commenced, the further execution thereof is suspended, and upon service of a copy of such certificate the defendant must be restored, by the officer in whose custody he is, to his original custody.
(Amended by Stats. 1905, Ch. 538.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1 - Appeals, When Allowed and How Taken, and the Effect Thereof › Section 1246.

1246. The record on appeal shall be made up and filed in such time and manner as shall be prescribed in rules adopted by the Judicial Council.
(Amended by Stats. 1945, Ch. 40.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 1a - Judicial Council Rules › Section 1247k.

1247k. The Judicial Council shall have the power to prescribe by rules for the practice and procedure on appeal, and for the time and manner in which the records on such appeals shall be made up and filed, in all criminal cases in all courts of this state.
The rules shall take effect on July 1, 1943, and thereafter all laws in conflict therewith shall be of no further force or effect.
(Amended by Stats. 2004, Ch. 193, Sec. 143. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 2 - Dismissing an Appeal for Irregularity › Section 1248.

1248. If the appeal is irregular in any substantial particular, but not otherwise, the appellate court may order it to be dismissed.
(Amended by Stats. 1945, Ch. 40.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 3 - Argument of the Appeal › Section 1252.

1252. On an appeal in a criminal case, no continuance shall be granted upon stipulation of counsel, and no continuance shall be granted for any longer period than the ends of justice shall require. On an appeal by a defendant, the appellate court shall, in addition to the issues raised by the defendant, consider and pass upon all rulings of the trial court adverse to the State which it may be requested to pass upon by the Attorney General.
(Amended by Stats. 1945, Ch. 40.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 3 - Argument of the Appeal › Section 1254.

1254. Upon the argument of the appeal, if the offense is punishable with death, two counsel must be heard on each side, if they require it. In any other case the Court may, in its discretion, restrict the argument to one counsel on each side.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 3 - Argument of the Appeal › Section 1256.

1256. It shall be the duty of the district attorney to cooperate with and assist the attorney general in presenting all criminal matters on appeal.
(Added by Stats. 1927, Ch. 620.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 4 - Judgment Upon Appeal › Section 1258.

1258. After hearing the appeal, the Court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 4 - Judgment Upon Appeal › Section 1259.

1259. Upon an appeal taken by the defendant, the appellate court may, without exception having been taken in the trial court, review any question of law involved in any ruling, order, instruction, or thing whatsoever said or done at the trial or prior to or after judgment, which thing was said or done after objection made in and considered by the lower court, and which affected the substantial rights of the defendant. The appellate court may also review any instruction given, refused or modified, even though no objection was made thereto in the lower court, if the substantial rights of the defendant were affected thereby.
(Amended by Stats. 1939, Ch. 1016.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 4 - Judgment Upon Appeal › Section 1260.

1260. The court may reverse, affirm, or modify a judgment or order appealed from, or reduce the degree of the offense or attempted offense or the punishment imposed, and may set aside, affirm, or modify any or all of the proceedings subsequent to, or dependent upon, such judgment or order, and may, if proper, order a new trial and may, if proper, remand the cause to the trial court for such further proceedings as may be just under the circumstances.
(Amended by Stats. 1978, Ch. 1166.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 4 - Judgment Upon Appeal › Section 1262.

1262. If a judgment against the defendant is reversed, such reversal shall be deemed an order for a new trial, unless the appellate court shall otherwise direct. If the appellate court directs a final disposition of the action in the defendant’s favor, the court must, if he is in custody, direct him to be discharged therefrom; or if on bail that his bail may be exonerated; or if money or other property was deposited instead of bail, that it be refunded to the defendant or to the person or persons found by the court to have deposited said money or other property on behalf of said defendant. If a judgment against the defendant is reversed and the case is dismissed, or if the appellate court directs a final disposition of the action in defendant’s favor, and defendant has theretofore paid a fine in the case, such act shall also be deemed an order of the court that the fine, including any penalty assessment thereon, be returned to defendant.
(Amended by Stats. 1963, Ch. 1609.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 9 - APPEALS IN FELONY CASES › CHAPTER 4 - Judgment Upon Appeal › Section 1265.

1265. (a) After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect shall be made by the court to which the certificate is remitted. However, if a judgment has been affirmed on appeal no motion shall be made or proceeding in the nature of a petition for a writ of error coram nobis shall be brought to procure the vacation of that judgment, except in the court which affirmed the judgment on appeal. When a judgment is affirmed by a court of appeal and a hearing is not granted by the Supreme Court, the application for the writ shall be made to the court of appeal.
(b) Where it is necessary to obtain personal jurisdiction of the defendant in order to carry the judgment into effect, upon a satisfactory showing that other means such as contact by mail, phone, or notification by means of the defendant’s counsel have failed to secure the defendant’s appearance, the court to which the certificate has been remitted may issue a bench warrant.
(Amended by Stats. 1992, Ch. 128, Sec. 1. Effective July 7, 1992.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1268.

1268. Admission to bail is the order of a competent Court or magistrate that the defendant be discharged from actual custody upon bail.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1269.

1269. The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such bond and the name or names of the surety or sureties thereon. In the event of the loss or destruction of such bond, such entries so made shall be prima facie evidence of the due execution of such bond as required by law.
Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such bond be destroyed.
(Amended by Stats. 1998, Ch. 931, Sec. 398. Effective September 28, 1998.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1269a.

1269a. Except as otherwise provided by law, no defendant charged in a warrant of arrest with any public offense shall be discharged from custody upon bail except upon a written order of a competent court or magistrate admitting the defendant to bail in the amount specified in the indorsement referred to in Section 815a, and where an undertaking is furnished, upon a written order of such court or magistrate approving the undertaking. All such orders must be signed by such court or magistrate and delivered to the officer having custody of the defendant before the defendant is released. Any officer releasing any defendant upon bail otherwise than as herein provided shall be guilty of a misdemeanor.
(Amended by Stats. 1941, Ch. 366.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1269c.

1269c. If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order, and 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 ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, the peace officer shall prepare a declaration under penalty of perjury setting forth the facts and circumstances in support of his or her belief and file it with a magistrate, as defined in Section 808, or his or her commissioner, in the county in which the offense is alleged to have been committed or having personal jurisdiction over the defendant, requesting an order setting a higher bail. Except where the defendant is charged with an offense listed in subdivision (a) of Section 1270.1, the defendant, either personally or through his or her attorney, friend, or family member, also may make application to the magistrate for release on bail lower than that provided in the schedule of bail or on his or her own recognizance. The magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance. If, after the application is made, no order changing the amount of bail is issued within eight hours after booking, the defendant shall be entitled to be released on posting the amount of bail set forth in the applicable bail schedule.
(Amended by Stats. 2010, Ch. 176, Sec. 1. (SB 1049) Effective January 1, 2011.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1270.

1270. (a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested upon an out-of-county warrant. A defendant who is in custody and is arraigned on a complaint alleging an offense which is a misdemeanor, and a defendant who appears before a court or magistrate upon an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, in accordance with Section 1275, that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Public safety shall be the primary consideration. If the court makes one of those findings, the court shall then set bail and specify the conditions, if any, whereunder the defendant shall be released.
(b) Article 9 (commencing with Section 1318) shall apply to any person who is released pursuant to this section.
(Amended by Stats. 1995, Ch. 51, Sec. 1. Effective January 1, 1996.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1270.1.

1270.1. (a) Except as provided in subdivision (e), before a 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 the person’s own recognizance, a hearing shall be held in open court before the magistrate or judge:
(1) 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, but not including a violation of subdivision (a) of Section 460 (residential burglary).
(2) A violation of Section 136.1 where punishment is imposed pursuant to subdivision (c) of Section 136.1, Section 273.5 or 422 if the offense is punished as a felony, or Section 646.9, or former Section 262.
(3) A violation of paragraph (1) of subdivision (e) of Section 243.
(4) A violation of Section 273.6 if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(b) The prosecuting attorney and defense attorney shall be given a two-court-day written notice and an opportunity to be heard on the matter. If the detained person does not have counsel, the court shall appoint counsel for purposes of this section only. The hearing required by this section shall be held within the time period prescribed in Section 825.
(c) At the hearing, the court shall consider evidence of past court appearances of the detained person, the maximum potential sentence that could be imposed, and the danger that may be posed to other persons if the detained person is released. In making the determination whether to release the detained person on their own recognizance, the court shall consider the potential danger to other persons, including threats that have been made by the detained person and any past acts of violence. The court shall also consider any evidence offered by the detained person regarding the detained person’s ties to the community and ability to post bond.
(d) If the judge or magistrate sets the bail in an amount that is either more or less than the amount contained in the schedule of bail for the offense, the judge or magistrate shall state the reasons for that decision and shall address the issue of threats made against the victim or witness, if they were made, in the record. This statement shall be included in the record.
(e) Notwithstanding subdivision (a), a judge or magistrate, pursuant to Section 1269c, may, with respect to a bailable felony offense or a misdemeanor offense of violating a domestic violence order, increase bail to an amount exceeding that set forth in the bail schedule without a hearing, provided an oral or written declaration of facts justifying the increase is presented under penalty of perjury by a sworn peace officer.
(Amended by Stats. 2022, Ch. 197, Sec. 24. (SB 1493) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1270.2.

1270.2. When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic review of the order fixing the amount of the bail by the judge or magistrate having jurisdiction of the offense. That review shall be held not later than five days from the time of the original order fixing the amount of bail on the original accusatory pleading. The defendant may waive this review.
(Added by Stats. 1986, Ch. 658, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1270.5.

1270.5. A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his or her guilt is evident or the presumption thereof great. The finding of an indictment does not add to the strength of the proof or the presumptions to be drawn therefrom.
(Added by renumbering Section 1270 (as enacted in 1872) by Stats. 1986, Ch. 248, Sec. 165.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1271.

1271. If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1272.

1272. After conviction of an offense not punishable with death or life without the possibility of parole, a defendant who has made application for probation or who has appealed may be admitted to bail:
(a) As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing a fine only.
(b) As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors.
(c) As a matter of discretion in all other cases, except that a person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.
(Amended by Stats. 2023, Ch. 545, Sec. 2. (AB 791) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1272.1.

1272.1. Release on bail pending appeal under subdivision (3) of Section 1272 shall be ordered by the court if the defendant demonstrates all the following:
(a) By clear and convincing evidence, the defendant is not likely to flee. Under this subdivision the court shall consider the following criteria:
(1) The ties of the defendant to the community, including his or her employment, the duration of his or her residence, the defendant’s family attachments and his or her property holdings.
(2) The defendant’s record of appearance at past court hearings or of flight to avoid prosecution.
(3) The severity of the sentence the defendant faces.
(b) By clear and convincing evidence, the defendant does not pose a danger to the safety of any other person or to the community.
Under this subdivision the court shall consider, among other factors, whether the crime for which the defendant was convicted is a violent felony, as defined in subdivision (c) of Section 667.5.
(c) The appeal is not for the purpose of delay and, based upon the record in the case, raises a substantial legal question which, if decided in favor of the defendant, is likely to result in reversal.
For purposes of this subdivision, a “substantial legal question” means a close question, one of more substance than would be necessary to a finding that it was not frivolous. In assessing whether a substantial legal question has been raised on appeal by the defendant, the court shall not be required to determine whether it committed error.
In making its decision on whether to grant defendants’ motions for bail under subdivision (3) of Section 1272, the court shall include a brief statement of reasons in support of an order granting or denying a motion for bail on appeal. The statement need only include the basis for the order with sufficient specificity to permit meaningful review.
(Amended by Stats. 1989, Ch. 150, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1273.

1273. If the offense is bailable, the defendant may be admitted to bail before conviction:
First—For his appearance before the magistrate, on the examination of the charge, before being held to answer.
Second—To appear at the Court to which the magistrate is required to return the depositions and statement, upon the defendant being held to answer after examination.
Third—After indictment, either before the bench warrant is issued for his arrest, or upon any order of the Court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment in the Court in which it is found, or to which it may be transferred for trial.
And after conviction, and upon an appeal:
First—If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate Court may direct, if the judgment is affirmed or modified, or the appeal is dismissed.
Second—If judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the appeal being dismissed, or that in case the judgment be reversed, and that the cause be remanded for a new trial, that he will appear in the Court to which said cause may be remanded, and submit himself to the orders and process thereof.
(Amended by Code Amendments 1875-76, Ch. 80.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1274.

1274. When the admission to bail is a matter of discretion, the Court or officer to whom the application is made must require reasonable notice thereof to be given to the District Attorney of the county.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1275.

1275. (a) (1) In setting, reducing, or denying bail, a 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 at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.
(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.
(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.
(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with 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, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, “unusual circumstances” does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.
(Amended by Stats. 2014, Ch. 71, Sec. 128. (SB 1304) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1276.

1276. (a) A bail bond or undertaking of bail of an admitted surety insurer shall be accepted or approved by a court or magistrate without further acknowledgment if executed by a licensed bail agent of the insurer under penalty of perjury and issued in the name of the insurer by a person authorized to do so by an unrevoked power of attorney on file in the office of the clerk of the county in which the court or magistrate is located.
(b) One person may both execute and issue the bail bond or undertaking of bail if qualified as provided in this section.
(Added by Stats. 1982, Ch. 517, Sec. 316.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail › Section 1276.1.

1276.1. (a) On and after January 1, 2022, no insurer, bail agent, or other bail licensee shall enter into a contract, agreement, or undertaking of bail that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until bail is exonerated. On and after January 1, 2022, no insurer, bail agent, or other bail licensee, shall charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking of bail.
(b) On and after July 1, 2022, no insurer or insurance licensee shall enter into a contract, agreement, or undertaking to post an immigration bond that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until the bond is exonerated. An insurer or insurance licensee shall not charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking to post an immigration bond entered into on and after July 1, 2022.
(c) The violation of this section by an insurer, insurance licensee, bail agent, or other bail licensee shall make the violator liable to the person affected by the violation for all damages that person may sustain by reason of the violation plus statutory damages in the sum of three thousand dollars ($3,000). Any person affected by a violation of this section shall be entitled, if they prevail, to recover court costs and reasonable attorney’s fees as determined by the court in any action brought to enforce this section.
(Added by Stats. 2021, Ch. 444, Sec. 1. (AB 1347) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 1 - Bail › ARTICLE 2 - Bail Upon Being Held to Answer Before Indictment › Section 1277.

1277. When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or by any magistrate who has power to issue the writ of habeas corpus.
(Enacted 1872.)