Section 1275 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.
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.