Policy Text
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MJ/RCCC
OPERATIONS ORDER
Bail and Surrender
The purpose of this Order is to standardize the procedures for bail considerations
including bail schedule, bail enhancement or reduction, examina tion of source of bail,
and bond/ cash bail surrenders at the Main Jail and at the Rio Cosumnes
Correctional Center (RCCC).
I. Bail Schedule and Calculations
A. A uniform county wide schedule of bail pursuant to California Penal Code
1269b calculates bail on all arrests in a manner consistent with cur rent
judicial policy.
B. The Superior, Municipal, and Ju stice Court judges in Sacrame nto County
are responsible for preparing and periodically revising a unifo rm county
wide bail schedule for all bail a uthorized offenses, and will d istribute the
bail schedule to the Main Jail and RCCC through the Sheriff.
C. Bail shall be set according to the bail schedule and the cha rges against
the arrestee.
1. Bail on fresh charges is not s tacked, unless part of a felon y bail
enhancement, and will be set by the bail amount for the major offenses when multiple offenses exist.
2. Warrants are processed as s eparate arrests, and the bail amo unt is
indicated on the face of the warrant. Total bail is described a s bail
for fresh charges plus the added total bail for each warrant.
3. If either the fresh charges or a warrant have a “No Bail” st atus, the
arrestee may not bail.
II. Bail Enhancement or Reduction
A. When a peace officer has reasonable cause to believe the sta ndard bail
schedule amount is insufficient to assure a fresh felony arrest ee’s
appearance in court, the office r may request a bail enhancement .
1. The peace officer shall complete a “Declaration of Arresting Officer”
form, detailing the facts and circumstances which support the b elief
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MJ/RCCC the arrestee’s bail is insufficient, and submit the form to a j udge
through Pre-trial Services.
2. Deputies at the Main Jail o r RCCC may submit the form in the
absence of the requesting officer.
B. Pre-trial Service staff ent ers the bail enhancement request i n t h e J a i l
Information Management Syst em (JIMS) and contacts the on-call j udge.
1. If the judge approves the reques t, the JIMS record is update d and
the new bail amount and j udge’s name is entered.
2. If the judge denies the request, the JIMS record is updated to
remove the bail enhancement consideration and the judge’s response is noted on t he “Declaration of Arresting Officer” for m.
3. If the judge does not respond within eight (8) hours, the ar restee is
eligible for release on the standard bail.
4. After the request is reviewed, Pre-trial Service staff retur ns the
completed form directly or by fax to the facility where it is t hen
placed in the prisoner’s custody record.
C. If a judge is contacted via te lephone, custody staff or Pre- trial services
staff shall verify the judge’s i dentity. If the judge contacts the facility via
teletype, the teletype will be accepted as proper authority and no further
confirmation is necessary.
D. The arrestee may apply to a j udge to have a bail reduction, and will be
given access to arrestee te lephones for this purpose.
E. If a bail reduction is granted, court staff is responsible f or updating the
prisoner’s JIMS record.
III. Examination of Source of Bail
A. When there is reason to believe an arrestee may use funds ac quired
through illegal activities to post bail, the arresting officer or custody staff
may request a deferral of bail until a judge is convinced the s ource of bail
is not obtained through illegal activities, in accordance with California
Penal Code 1275. (PC 1275) The following descr ibes the Examination of
Source of Bail process:
1. A sworn peace officer completes an “Examination of Source of Bail”
form and forwards it to Pre-trial Service staff. Pre-trial Ser vice staff
reviews the document and presen ts it to an on-call judge.
2. If the judge approves the r equest, the JIMS record is update d to
reflect the arrestee is not to be released on bail pending a co urt
hearing, and a PC 1275 hold is placed on the arrestee.
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MJ/RCCC 3. If the request is denied, the JIMS record is updated to refl ect the
removal the PC 1275 request.
IV. Bond or Cash Bail Surrender
A. The Main Jail and RCCC accept all valid bond and cash bail surrenders in
accordance with California Penal Code 1300. (PC 1300)
B. The surrender may be accept ed any time before the defendant who has
posted bail appears in court or fa ils to appear on the appointe d date and
time. The surrender must take place prior to issuance of a warrant .
The surrender may be perform ed by the following persons:
1. Bail bondsman, bail bonds man agent or third party.