Article 8. Recommitment Of The Defendant, After Having Given Bail Or Deposited Money Instead Of Bail of California Penal Code >> Title 10. >> Part 2. >> Chapter 1. >> Article 8.
The court to which the committing magistrate returns the
depositions, or in which an indictment, information, or appeal is
pending, or to which a judgment on appeal is remitted to be carried
into effect, may, by an order entered upon its minutes, direct the
arrest of the defendant and his or her commitment to the officer to
whose custody he or she was committed at the time of giving bail, and
his or her detention until legally discharged, in the following
(a) When, by reason of his or her failure to appear, he or she has
incurred a forfeiture of his or her bail, or of money deposited
(b) When it satisfactorily appears to the court that his or her
bail, or either of them, are dead or insufficient, or have removed
from the state.
(c) Upon an indictment being found or information filed in the
cases provided in Section 985.
The order for the recommitment of the defendant must recite
generally the facts upon which it is founded, and direct that the
defendant be arrested by any sheriff, marshal, or policeman in this
state, and committed to the officer in whose custody he or she was at
the time he or she was admitted to bail, to be detained until
The defendant may be arrested pursuant to the order, upon a
certified copy thereof, in any county, in the same manner as upon a
warrant of arrest, except that when arrested in another county the
order need not be indorsed by a magistrate of that county.
If the order recites, as the ground upon which it is made,
the failure of the defendant to appear for judgment upon conviction,
the defendant must be committed according to the requirement of the
If the order be made for any other cause, and the offense is
bailable, the Court may fix the amount of bail, and may cause a
direction to be inserted in the order that the defendant be admitted
to bail in the sum fixed, which must be specified in the order.
When the defendant is admitted to bail, the bail may be taken
by any magistrate in the county, having authority in a similar case
to admit to bail, upon the holding of the defendant to answer before
an indictment, or by any other magistrate designated by the Court.
When bail is taken upon the recommitment of the defendant,
the undertaking must be in substantially the following form:
An order having been made on the ____ day of ____, A.D. eighteen
____, by the Court (naming it), that A. B. be admitted to bail in the
sum of ____ dollars, in an action pending in that Court against him
in behalf of the people of the State of California, upon an
(information, presentment, indictment, or appeal, as the case may
be), we, C. D. and E. F., of (stating their places of residence and
occupation), hereby undertake that the above named A. B. will appear
in that or any other Court in which his appearance may be lawfully
required upon that (information, presentment, indictment, or appeal,
as the case may be), and will at all times render himself amenable to
its orders and process, and appear for judgment and surrender
himself in execution thereof; or if he fails to perform either of
these conditions, that we will pay to the people of the State of
California the sum of ____ dollars (insert the sum in which the
defendant is admitted to bail).
The bail must possess the qualifications, and must be put in,
in all respects, in the manner prescribed in Article II of this