Policy Text
Roll Call Training Bulletin
Produced by: Sgt. Andy Hall , Sex Assault & Child Abuse Katherine Lester , Chief of
Police
Prepared by: Officer J ason Meier , PSU Volume 105
Bail Enhancements / Examination of Funds
1-11-23
Courts have discretion to increase a suspect’s bail above and beyond the local bail schedule
or statutory bail amount. A judge will consider the following when setting, reducing , or denying bail
(1275(a)(1) PC):
• The p rotection of the public
• The seriousness of the offense charged
• The suspect’s previous criminal record
• The probability of the suspect appearing at trial or at a hearing
When making considerations related to drug offenses, the judge will consider the following factors
(1275(b) PC):
• The amount of narcotics involved ; and
• whether the suspect is already on bail for drug offenses.
This bail amount will remain the suspect’s bail until another judge determines that there is a
change in circumstances and decides to reduce
the suspect’s bail. Typically, this will occur
upon a noticed bail motion subsequent to
arraignment .
Step 1. When should a Bail
Enhancement Request (12 69c PC) be
sought ?
When making an arrest , officers may deem it
appropriate to request a bail enhancement.
Factors to consider when determining whether to
request a bail enhancement include, but are not
limited to (1275(a)(1) PC) :
• The protection of the public / community .
• The seriousness of the offense charged
(i.e., injury / threats to the victim, weapon
used, etc .).
• The criminal history of the suspect .
• Whether the suspect present s a flight risk .
Roll Call Training Bulletin
Produced by: Sgt. Andy Hall, Sex Assault & Child Abuse Katherine Lester , Chief of Police
Prepared by: Officer Jason Meier , PSU Volume 105
*NOTE : When considering the above , officers must detail articulable facts relevant to the case .
For instance, if a suspect has been arrested for a DV case, officers should indicate whether
the suspect has made statements indicating he/she will attack the victim again if released or
has been arrested for committing a serial offense ( e.g., a series of burglaries or robberies) .
Additionally, officers should articulate whether the suspect has shown a propensity for
disobeying court orders in the past or has prior strikes . The facts t o be considered when
justifying your request need to support the criteria given.
Step 2. How is a bail enhancement request ed?
In order to make a bail enhancement request officers need to fill out a form called a “Request
for Bail Enhancement”. These forms are located inside the jail booking area with all the other
paperwork. Officers can also request one from jail staff. When using Web KPF booking forms , there is
an option for bai l enhancement on the last page of the booking paperwork . Prior to complet ing the
booking form , officers can click the bail enhancement checkbox and one will be printed out with the
arrest paperwork and most of the form prefilled .
There is a section on Fo rm 055, pictured above, where officers write the justification for the
request. Officers should b e as thorough and
accurate as possible, because eventually this will
be sworn to under penalty of perjury . There is
another section of the form for officers to include
the current bail amount – this information can be
obtained from jail staff in the booking area or on
the Inmate Information page of the Sacramento
County Sheriff Office ’s website .
Step 3. Whe n should an Examination of
Funds (1275.1 PC) also be requested ?
The Court has the power under 1275.1 PC to
force a suspect to present evidence that any
funds used to post bail are not feloniously
obtained. The suspect must then present this
evidence at a hearing in front of a judge before
bail out is allowed . This is commonly used in
cases involving drug trafficking / sales. Factors to
consider when making this request include, but
are not limited to:
• Whether the suspect ha s a legitimate
source of income .
• Whether the suspect has been charged
with a crime where they would profit from
their criminal enterprise (drug sales, fraud, identity theft, etc.).
Roll Call Training Bulletin
Produced by: Sgt. Andy Hall , Sex Assault & Child Abuse Katherine Lester , Chief of
Police
Prepared by: Officer J ason Meier , PSU Volume 105
Step 4 . Who authorizes the request ?
Once officers have completed these forms , a judge will hear the petition . If the request occur s
during normal business hours, officers can petition a judge in the jail courts if one is available. If the
request occurs after normal business hours, officers have the option to contact the on -call judge . (The
on-call judge may be contacted during normal business hours as well). The o n-call judge can be
contacted by calling the County Operator at 916 -875-6900 . The operator will need to be notified that
the officer needs to speak to the on -call judge regarding a bail enhancement request. The judge will
require the following information: the current charges, a summary of the case, the suspect’s criminal
history, the current bail amount, and why the officer think s the amount is