Section 1270.1 Of Article 1. In What Cases The Defendant May Be Admitted To Bail From California Penal Code >> Title 10. >> Part 2. >> Chapter 1. >> Article 1.
1270.1
. (a) Except as provided in subdivision (e), before any
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 his or her 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 262, 273.5, or
422 where the offense is punished as a felony, or Section 646.9.
(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 his or her
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 his or her ties
to the community and his or her 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.