Policy Text
Policy
903Fremont Police Department
Acceptance and Routing of Bail
903.1 PURPOSE AND SCOPE
To set forth a systematic procedure for accepting, routing and transmitting moneys received as
bail. The acceptance and routing of moneys posted as bail on criminal charges and warrants
shall be governed by applicable Federal and State laws, the Fremont Municipal Code and Police
Department regulations.
903.2 PROCEDURES
Arrestees who are not released pursuant to the provisions of Policy 900 and the Detention Facility
Operations Manual are eligible to post bail as provided by applicable Sections of the California
Government, Penal and Vehicle Codes. Bail may be posted in cash or negotiable paper as defined
by Section 25303.l of the Government Code and Section 40510 of the Vehicle Code. For the
purposes of this policy, negotiable paper means all bank checks, including personal checks, drafts,
Express and Post Office money orders, Federal and State bonds. Personal checks will not be
accepted for foreign warrants (warrants issued by a court other than the Fremont Superior Court).
(a)Personal checks may be accepted as follows:
1.Written by defendant or person other than defendant;
2.Drawn on an out of state bank;
3.Written for any amount as long as there is reasonable assurance that the check
is valid;
4.Required identification, residence, etc. are provided;
5.The payee must be the Fremont Superior Court accepting the bail pursuant to
Section 40510(d) California Vehicle Code.
(b)Personal checks will not be accepted as bail for any felony offense or warrant without
the express permission of one of the following:
1.Detention Facility Manager
2.Lieutenant
3.Captain
4.Chief of Police
Detention facility responsibilities when accepting bail include:
Accepting of bail for all eligible arrestees not released pursuant to Policy 900 on a written promise
to appear.
Bail posted on all select traffic and criminal warrants.
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Fremont Police Department
Acceptance and Routing of Bail
Bail receipt will be completed by employee accepting bail on all transactions using the CMS Crystal
Report Bail Form and will be attached to the Bail Envelope.
Routing of Collected Bail
(a)A cash register is located in the Detention Facility containing two hundred dollars
($200) for the purpose of making change during bail transactions.
(b)The fund is to be used for making change and no other purpose.
(c)It is the responsibility of both the on-duty and the on-coming Detention Officer to audit
the funds at each watch change.
(d)All bail money, checks, etc. will be forwarded to the Warrant Desk in Records in the
manner prescribed by this policy.
(e)Record Section responsibilities concerning acceptance of bail include:
(a)The Court Liaison Officer will pick up all bail collected from Detention Facility by
0800 hours, Monday through Friday, holidays excepted.
(b)Warrant clerk shall audit the bail collected with the receipts.
(c)Any shortage or overage in the collected bail shall be brought to the immediate
attention of the Records Administrator and the Detention Facility Manager.
(d)All forms of bail received other than cash will be forwarded to the responsible
agency/court in a timely manner.
(e)To comply with Section 40510(d) of the Vehicle Code, personal checks made
payable to the City of Fremont Police Department will be endorsed by the
Warrant Clerk and forwarded to the responsible agency or court.
(f)Cash sums of money will be deposited in the bail transfer account daily.
(g)Warrant Clerk will prepare a check drawn on the bail transfer account for the
cash transactions and forward same to the appropriate agency or court in a
timely manner.
(f)The responsibilities of Front Desk staff include:
(a)A cash register is located in Records containing one hundred and fifty dollars
($150) for the purpose of making change during business transactions and
depositing of sums of money received for services other than bail.
(b)The cash register will be audited weekly, and fees collected shall correspond
with receipts.
(c)The appropriate transmittal form shall be prepared by the designated police clerk
and forwarded to the Office of Financial Services.
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Acceptance and Routing of Bail
(d)Any shortage or overage shall be brought to the immediate attention of the
Records Administrator.
(e)Any shortage or overage will be noted on the transmittal slip when forwarded to
the Office of Financial Services.
(f)The white register copy of the receipt will be forwarded to the Records
Administrator to be retained for one (1) year.
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