2009 California Penal Code - Section 1318-1319.5 :: Article 9. Procedure Relating To Release On Own Recognizance

PENAL CODE
SECTION 1318-1319.5

1318.  (a) The defendant shall not be released from custody under an
own recognizance until the defendant files with the clerk of the
court or other person authorized to accept bail a signed release
agreement which includes:
   (1) The defendant's promise to appear at all times and places, as
ordered by the court or magistrate and as ordered by any court in
which, or any magistrate before whom the charge is subsequently
pending.
   (2) The defendant's promise to obey all reasonable conditions
imposed by the court or magistrate.
   (3) The defendant's promise not to depart this state without leave
of the court.
   (4) Agreement by the defendant to waive extradition if the
defendant fails to appear as required and is apprehended outside of
the State of California.
   (5) The acknowledgment of the defendant that he or she has been
informed of the consequences and penalties applicable to violation of
the conditions of release.

1318.1.  (a) A court, with the concurrence of the board of
supervisors, may employ an investigative staff for the purpose of
recommending whether a defendant should be released on his or her own
recognizance.
   (b) Whenever a court has employed an investigative staff pursuant
to subdivision (a), an investigative report shall be prepared in all
cases involving a violent felony, as described in subdivision (c) of
Section 667.5, or a felony in violation of subdivision (a) of Section
23153 of the Vehicle Code, recommending whether the defendant should
be released on his or her own recognizance. The report shall include
all of the following:
   (1) Written verification of any outstanding warrants against the
defendant.
   (2) Written verification of any prior incidents where the
defendant has failed to make a court appearance.
   (3) Written verification of the criminal record of the defendant.
   (4) Written verification of the residence of the defendant during
the past year.
   After the report is certified pursuant to this subdivision, it
shall be submitted to the court for review, prior to a hearing held
pursuant to Section 1319.
   (c) The salaries of the staff are a proper charge against the
county.

1319.  (a) No person arrested for a violent felony, as described in
subdivision (c) of Section 667.5, may be released on his or her own
recognizance until a hearing is held in open court before the
magistrate or judge, and until the prosecuting attorney is given
notice and a reasonable opportunity to be heard on the matter. In all
cases, these provisions shall be implemented in a manner consistent
with the defendant's right to be taken before a magistrate or judge
without unreasonable delay pursuant to Section 825.
   (b) A defendant charged with a violent felony, as described in
subdivision (c) of Section 667.5, shall not be released on his or her
own recognizance where it appears, by clear and convincing evidence,
that he or she previously has been charged with a felony offense and
has willfully and without excuse from the court failed to appear in
court as required while that charge was pending. In all other cases,
in making the determination as to whether or not to grant release
under this section, the court shall consider all of the following:
   (1) The existence of any outstanding felony warrants on the
defendant.
   (2) Any other information presented in the report prepared
pursuant to Section 1318.1. The fact that the court has not received
the report required by Section 1318.1, at the time of the hearing to
decide whether to release the defendant on his or her own
recognizance, shall not preclude that release.
   (3) Any other information presented by the prosecuting attorney.
   (c) The judge or magistrate who, pursuant to this section, grants
or denies release on a person's own recognizance, within the time
period prescribed in Section 825, shall state the reasons for that
decision in the record. This statement shall be included in the court'
s minutes. The report prepared by the investigative staff pursuant to
subdivision (b) of Section 1318.1 shall be placed in the court file
for that particular matter.

1319.5.  (a) No person described in subdivision (b) who is arrested
for a new offense may be released on his or her own recognizance
until a hearing is held in open court before the magistrate or judge.
   (b) Subdivision (a) shall apply to the following:
   (1) Any person who is currently on felony probation or felony
parole.
   (2) Any person who has failed to appear in court as ordered,
resulting in a warrant being issued, three or more times over the
three years preceding the current arrest, except for infractions
arising from violations of the Vehicle Code, and who is arrested for
any of the following offenses:
   (A) Any felony offense.
   (B) Any violation of the California Street Terrorism Enforcement
and Prevention Act (Chapter 11 (commencing with Section 186.20) of
Title 7 of Part 1).
   (C) Any violation of Chapter 9 (commencing with Section 240) of
Title 8 of Part 1 (assault and battery).
   (D) A violation of Section 484 (theft).
   (E) A violation of Section 459 (burglary).
   (F) Any offense in which the defendant is alleged to have been
armed with or to have personally used a firearm.

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