Bill Text: CA SB10 | 2017-2018 | Regular Session | Amended
Bill Title: Pretrial release or detention: pretrial services.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Passed) 2018-08-28 - Chaptered by Secretary of State. Chapter 244, Statutes of 2018. [SB10 Detail]
Download: California-2017-SB10-Amended.html
Amended
IN
Assembly
August 21, 2017 |
Amended
IN
Assembly
July 05, 2017 |
Amended
IN
Senate
March 27, 2017 |
Amended
IN
Senate
January 17, 2017 |
Senate Bill | No. 10 |
Introduced by Senators Hertzberg, Allen, Anderson, Atkins, Beall, Bradford, Lara, Mitchell, Monning, Skinner, Wieckowski, and Wiener (Principal coauthors: Assembly Members Bonta, Bloom, Chiu, Jones-Sawyer, Quirk, and Mark Stone) |
December 05, 2016 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
It is the intent of the Legislature in enacting this act to safely reduce the number of people detained pretrial, while addressing racial and economic disparities in the pretrial system, and to ensure that people are not held in pretrial detention simply because of their inability to afford money bail.(a)If the offense charged is a felony, and the arrest occurs in the county in which the warrant was issued, the officer making the arrest must take the defendant before the magistrate who issued the warrant or some other magistrate of the same county.
(b)If the defendant is arrested in another county, the officer must, without unnecessary delay, inform the defendant in writing of his or her right to be taken before a magistrate in that county, note on the warrant that he or she has so informed defendant, and, upon being required by defendant, take him or her before a magistrate in that county, who must release the defendant
subject to a release agreement under Section 1318, with or without conditions, or set monetary bail pursuant to Section 1275a if the warrant authorizes pretrial release pursuant to that section, and direct the defendant to appear before the court or magistrate by whom the warrant was issued on or before a day certain which shall in no case be more than 25 days after
pretrial release or admission to bail. If bail or pretrial release is granted, the magistrate shall endorse a memorandum of the order for the appearance of the defendant, or may release the defendant pursuant to Section 1269b, without an appearance if the warrant authorizes pretrial release pursuant to that section.
(c)If the warrant on which the defendant is arrested in another county does not authorize pretrial release or admission to bail, or if the defendant arrested in another county does not require the arresting officer to take him or her before a magistrate in that county for the purpose of pretrial release or admission to bail, or if such defendant, after being admitted to bail, does not provide bail, the arresting officer shall immediately notify the law enforcement agency requesting the arrest in the
county in which the warrant was issued that such defendant is in custody, and the law enforcement agency shall take custody of the defendant within five days, or five court days if the law enforcement agency requesting the arrest is more than 400 miles from the county in which the defendant is held in custody, in the county in which he or she was arrested and shall take the defendant before the magistrate who issued the warrant, or before some other magistrate of the same county.
(a)(1)Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays.
(2)When the 48 hours prescribed by paragraph (1) expire at a time when the court in which the magistrate is sitting is not in session, that time shall be extended to include the duration of the next court session on the judicial day immediately following. If the 48-hour period expires at a time when the court in which the magistrate is sitting is in session, the arraignment may take place at any time during that session. However, if the defendant’s arrest occurs on a
Wednesday after the conclusion of the day’s court session and if the Wednesday is not a court holiday, the defendant shall be taken before the magistrate not later than the following Friday, if the Friday is not a court holiday.
(b)After the arrest, any attorney at law entitled to practice in the courts of record of California, may, at the request of the detainee or any relative of the detainee, visit the detainee. Any officer having charge of the detainee who willfully refuses or neglects to allow that attorney to visit a detainee is guilty of a misdemeanor. Any officer having a detainee in charge, who refuses to allow the attorney to visit the detainee when proper application is made, shall forfeit and pay to the party aggrieved the sum of five hundred dollars ($500), to be recovered by action in any court of competent
jurisdiction.
The taking of monetary bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient monetary bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of the bond, the defendant’s name, and, if applicable, the name or names of the surety or sureties thereon. In the event of the loss or destruction of such bond, such entries so made shall be prima facie evidence of the due execution of such bond as required by law.
Whenever any bail bond has been deposited in any criminal action
or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such bond be destroyed.
Except as otherwise provided by law, a defendant charged in a warrant of arrest with any public offense shall not be discharged from custody upon monetary bail except upon a written order of a competent court or magistrate admitting the defendant to bail in the amount determined pursuant to subdivision (c) of Section 1275a and where an undertaking is furnished, upon a written order of the court or magistrate approving the undertaking. All those orders shall be signed by the court or magistrate and delivered to the officer having custody of the defendant before the defendant is released. Any officer releasing any defendant upon bail otherwise than as herein provided shall be guilty of a misdemeanor.
SEC. 3.
Section 825 of the Penal Code is amended to read:825.
(a) (1) Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays.SEC. 4.
Section 825 is added to the Penal Code, to read:825.
(a) (1) Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays.SEC. 5.
Section 1269 of the Penal Code is amended to read:1269.
(a) The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such bond and the name or names of the surety or sureties thereon. In the event of the loss or destruction ofWhenever
SEC. 6.
Section 1269 is added to the Penal Code, to read:1269.
(a) The taking of monetary bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient monetary bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of the bond, the defendant’s name, and, if applicable, the name or names of the surety or sureties thereon. In the event of the loss or destruction of the bond, the entries so made shall be prima facie evidence of the due execution of the bond as required by law.SEC. 7.
Section 1269a of the Penal Code is amended to read:1269a.
(a) Except as otherwise provided by law,SEC. 8.
Section 1269a is added to the Penal Code, to read:1269a.
(a) Except as otherwise provided by law, a defendant charged in a warrant of arrest with any public offense shall not be discharged from custody upon monetary bail except upon a written order of a competent court or magistrate admitting the defendant to bail in the amount determined pursuant to subdivision (c) of Section 1275a and where an undertaking is furnished, upon a written order of the court or magistrate approving the undertaking. All those orders shall be signed by the court or magistrate and delivered to the officer having custody of the defendant before the defendant is released. Any officer releasing any defendant upon bail otherwise than as herein provided shall be guilty of a misdemeanor.SEC. 9.
Section 1269b of the Penal Code is amended to read:1269b.
(a) The officer in charge of a jail in which an arrested person is held in custody, an officer of a sheriff’s department or police department of a city who is in charge of a jail or is employed at a fixed police or sheriff’s facility and is acting under an agreement with the agency that keeps the jail in which an arrested person is held in custody, an employee of a sheriff’s department or police department of a city who is assigned by the department to collect bail, the clerk of the superior court of the county in which the offense was alleged to have been committed, and the clerk of the superior court in which the case against the defendant is pending may approve and accept bail in the amount fixed by the warrant of arrest, schedule of bail, or order admitting to bail in cash or surety bond executed by a certified, admitted surety insurer as provided in the Insurance Code, to issue and sign an order for the release of the arrested person, and to set a time and place for the appearance of the arrested person before the appropriate court and give notice thereof.SEC. 9.SEC. 10.
Section 1269b is added to the Penal Code, to read:1269b.
(a) The officer in charge of a jail in which an arrested person is held in custody, an officer of a sheriff’s department or police department of a city who is in charge of a jail or is employed at a fixed police or sheriff’s facility and is acting under an agreement with the agency that keeps the jail in which an arrested person is held in custody, an employee of a sheriff’s department or police department of a city who is assigned by the department to collect bail, the clerk of the superior court of the county in which the offense was alleged to have been committed, a pretrial services agent, and the clerk of the superior court in which the case against the defendant is pending, may approve and accept an order authorizing pretrial release or admitting to bail, to issue and sign an order for the release of the arrested person, and to set a time and place for the appearance of the arrested person before the appropriate court and give notice thereof.If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order, and a peace officer has reasonable cause to believe that release subject to a release agreement under Section 1318 without further conditions is insufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, the peace officer shall, no later than six hours after the arrest, prepare a declaration under penalty of perjury setting forth the facts and circumstances in support of his or her belief and file it with a magistrate, as defined in Section 808, or his or her commissioner, in the county in which the offense is alleged to have
been committed or having personal jurisdiction over the defendant, requesting an order pursuant to subdivision (f) of Section 1269b imposing a condition or conditions of release.
SEC. 11.
Section 1269c of the Penal Code is amended to read:1269c.
(a) If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order, and a peace officer has reasonable cause to believe that the amount of bail set forth in the schedule of bail for that offense is insufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, the peace officer shall prepare a declaration under penalty of perjury setting forth the facts and circumstances in support of his or her belief and file it with a magistrate, as defined in Section 808, or his or her commissioner, in the county in which the offense is alleged to have been committed or having personal jurisdiction over the defendant, requesting an order setting a higher bail. Except where the defendant is charged with an offense listed in subdivision (a) of Section 1270.1, the defendant, either personally or through his or her attorney, friend, or family member, also may make application to the magistrate for release on bail lower than that provided in the schedule of bail or on his or her own recognizance. The magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance. If, after the application is made, no order changing the amount of bail is issued within eight hours after booking, the defendant shall be entitled to be released on posting the amount of bail set forth in the applicable bail schedule.SEC. 12.
Section 1269c is added to the Penal Code, to read:1269c.
(a) If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order, and a peace officer has reasonable cause to believe that release subject to a release agreement under Section 1318 without further conditions is insufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, the peace officer shall, no later than six hours after the arrest, prepare a declaration under penalty of perjury setting forth the facts and circumstances in support of his or her belief and file it with a magistrate, as defined in Section 808, or his or her commissioner, in the county in which the offense is alleged to have been committed or having personal jurisdiction over the defendant, requesting an order pursuant to subdivision (f) of Section 1269b imposing a condition or conditions of release.SEC. 13.
Section 1270 of the Penal Code is amended to read:1270.
(a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested upon an out-of-county warrant. A defendant who is in custody and is arraigned on a complaint alleging an offense which is a misdemeanor, and a defendant who appears before a court or magistrate upon an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, in accordance with Section 1275, that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Public safety shall be the primary consideration. If the court makes one of those findings, the court shall then set bail and specify the conditions, if any, whereunder the defendant shall be released.SEC. 14.
Section 1270.1 of the Penal Code is amended to read: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:SEC. 15.
Section 1270.2 of the Penal Code is amended to read:1270.2.
(a) When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic review of the order fixing the amount of the bail by the judge or magistrate having jurisdiction of the offense. That review shall be held not later than five days from the time of the original order fixing the amount of bail on the original accusatory pleading. The defendant may waive this review.SEC. 16.
Section 1275 of the Penal Code is amended to read: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.SEC. 15.SEC. 17.
Section 1275 is added to the Penal Code, to read:1275.
(a) (1) In making a pretrial release or detention decision pursuant to Section 1275a or 1275b, 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, the probability of his or her appearing at trial or at a hearing of the case, and the presumption of innocence. The public safety, the safety of the victim, and the probability of the accused appearing in court as required shall be the primary considerations.SEC. 16.SEC. 18.
Section 1275a is added to the Penal Code, to read:1275a.
(a) Except as provided in subdivision (f) and Section 1275b, at the arraignment of a person who is in custody, the judge or magistrate shall, after considering the pretrial services report with recommendations for conditions of release and any relevant information provided by the prosecuting attorney or the defendant, order the pretrial release of the person subject to a release agreement under Section 1318 without further conditions, unless the judge or magistrate determines that the release will not reasonably ensure the appearance of the person as required, the safety of the victim, or public safety. If the judge or magistrate releases the person subject to a release agreement under Section 1318 without further conditions, the reasons for that decision shall be stated in the record and included in the court’s minutes.SEC. 17.SEC. 19.
Section 1275b is added to the Penal Code, to read:1275b.
(a) A prosecuting attorney may file a motion with the court at any time, including any time before or after a defendant’s release pursuant to Section 1269b, seeking the pretrial detention of the defendant in any of the following circumstances:(a)Monetary bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.
(b)A hold on the release of a defendant from custody shall only be ordered by a magistrate or judge if any of the following occurs:
(1)A peace officer, as defined in Section 830, files a declaration
executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.
(2)A prosecutor files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. A prosecutor shall have absolute civil immunity for executing a declaration pursuant to this paragraph.
(3)The magistrate or judge has probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for
its execution was feloniously obtained.
(c)Once a magistrate or judge has determined that probable cause exists, as provided in subdivision (b), a defendant bears the burden by a preponderance of the evidence to show that no part of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was obtained by felonious means. Once a defendant has met such burden, the magistrate or judge shall release the hold previously ordered and the defendant shall be released under the authorized amount of bail.
(d)The defendant and his or her attorney shall be provided with a copy of the declaration of probable cause filed under subdivision (b) no later than the date set forth in Section 825.
(e)Nothing in this section shall prohibit a defendant from obtaining a loan of money so long as the loan will be funded and repaid with funds not feloniously obtained.
(f)At the request of any person providing any portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution, the magistrate or judge, at an evidentiary hearing to determine the source of the funds, may close it to the general public to protect the person’s right to privacy in his or her financial affairs.
(g)If the declaration, having been filed with a magistrate or judge, is not acted on within 24 hours, the defendant shall be released from custody upon posting of the amount of bail set.
(h)Nothing in this code shall deny the right of the defendant, either personally or through his or her attorney, bail agent licensed by the Department of Insurance, admitted surety insurer licensed by the Department of Insurance, friend, or member of his or her family from making an application to the magistrate or judge for the release of the defendant on monetary bail.
(i)The bail of any defendant found to have willfully misled the court regarding the source of bail may be increased as a result of the willful misrepresentation, so long as the amount conforms with subdivision (c) of Section 1275a. The misrepresentation may be a factor considered in any subsequent bail hearing.
(j)If a defendant has met the burden under subdivision (c), and a defendant will be released from
custody upon the issuance of a bail bond issued pursuant to authority of Section 1269 by any admitted surety insurer or any bail agent, approved by the Insurance Commissioner, the magistrate or judge shall vacate the holding order imposed under subdivision (b) upon the condition that the consideration for the bail bond is approved by the court.
(k)As used in this section, “feloniously obtained” means any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution which is possessed, received, or obtained through an unlawful act, transaction, or occurrence constituting a felony.
When the defendant has been held to answer upon an examination for a public offense, pretrial release pursuant to Section 1275a or admission to bail may be by the magistrate by whom he or she is so held, or by any magistrate who has power to issue the writ of habeas corpus.
(a)(1)Upon a finding that monetary bail should be set pursuant to subdivision (c) of Section 1275a, the defendant may execute an unsecured appearance bond or a secured bond in the amount specified by the court. The court may require, and the defendant may request, that an unsecured appearance bond be signed by uncompensated third parties.
(2)For the purposes of this subdivision, “unsecured appearance bond” means an order to release a person upon his or her promise to appear in court and his or her unsecured promise to pay an amount of money, specified by the court, if he or she fails to appear as promised.
(b)A secured bond is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the magistrate), and acknowledged before the court or magistrate, in substantially the following form:
An order having been made on the ____ day of ____, 20__, by ____, a judge of the ____ Court of ____ County, that ____ be held to answer upon a charge of (stating briefly the nature of the offense), upon which he or she has been admitted to bail in the sum of ____ dollars ($____); we, ____ and ____, of ____ (stating their place of residence and occupation), hereby undertake that the above-named ____ will appear and answer any charge in any accusatory pleading based upon the acts supporting the charge above mentioned, in whatever court it may be prosecuted, and
will at all times hold himself or herself amenable to the orders and process of the court, and if convicted, will appear for pronouncement of judgment or grant of probation, or if he or she fails to perform either of these conditions, that we will pay to the people of the State of California the sum of ____ dollars ($____) (inserting the sum in which the defendant is admitted to bail). If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entered forthwith against the said (naming the sureties), and the defendant if he or she be a party to the bond, for the amount of their respective undertakings herein, as provided by Sections 1305 and 1306.
(c)Every undertaking of bail shall contain the bail agent license number of the owner of the bail agency issuing the undertaking along with the name,
address, and phone number of the agency, regardless of whether the owner is an individual, partnership, or corporation. The bail agency name on the undertaking shall be a business name approved by the Insurance Commissioner for use by the bail agency owner, and be so reflected in the public records of the commissioner. The license number of the bail agent appearing on the undertaking shall be in the same type size as the name, address, and phone number of the agency.
When the offense charged is not punishable with death, the officer serving the bench warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he or she is arrested, for the purpose of a pretrial release hearing. If the defendant appears before such magistrate without the bench warrant having been served upon him or her, the magistrate shall deliver him or her into the custody of the sheriff for the purpose of immediate booking and the recording of identification data, whereupon the sheriff shall deliver the defendant back before the magistrate for the purpose of a pretrial release hearing.
SEC. 20.
Section 1275.1 of the Penal Code is amended to read:1275.1.
(a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.SEC. 21.
Section 1275.1 is added to the Penal Code, to read:1275.1.
(a) Monetary bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.SEC. 22.
Section 1277 of the Penal Code is amended to read:1277.
(a) When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by whom he or she is so held, or by any magistrate who has power to issue the writ of habeas corpus.SEC. 23.
Section 1277 is added to the Penal Code, to read:1277.
(a) When the defendant has been held to answer upon an examination for a public offense, pretrial release pursuant to Section 1275a or admission to bail may be by the magistrate by whom he or she is so held, or by any magistrate who has power to issue the writ of habeas corpus.SEC. 24.
Section 1278 of the Penal Code is amended to read:1278.
(a) Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the magistrate), and acknowledged before the court or magistrate, in substantially the following form:SEC. 25.
Section 1278 is added to the Penal Code, to read:1278.
(a) (1) Upon a finding that monetary bail should be set pursuant to subdivision (c) of Section 1275a, the defendant may execute an unsecured appearance bond or a secured bond in the amount specified by the court. The court may require, and the defendant may request, that an unsecured appearance bond be signed by uncompensated third parties.SEC. 26.
Section 1284 of the Penal Code is amended to read:1284.
(a) When the offense charged is not punishable with death, the officer serving the bench warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he or she is arrested, for the purpose of giving bail. If the defendant appears beforeSEC. 27.
Section 1284 is added to the Penal Code, to read:1284.
(a) When the offense charged is not punishable with death, the officer serving the bench warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he or she is arrested, for the purpose of a pretrial release hearing. If the defendant appears before such magistrate without the bench warrant having been served upon him or her, the magistrate shall deliver him or her into the custody of the sheriff for the purpose of immediate booking and the recording of identification data, whereupon the sheriff shall deliver the defendant back before the magistrate for the purpose of a pretrial release hearing.SEC. 28.
Section 1288 of the Penal Code is amended to read:1288.
(a) The provisions contained inSEC. 29.
Section 1289 of the Penal Code is amended to read:1289.
(a) After a defendant has been admitted to bail upon an indictment or information, theSEC. 24.SEC. 30.
Section 1289 is added to the Penal Code, to read:1289.
(a) After a defendant has been released from custody upon an indictment or information pursuant to Section 1275a, the court in which the charge is pending may, upon a change in circumstances, amend the release order to change the conditions of release, including the amount of any monetary bail. If, upon motion of the prosecuting attorney, the amount of monetary bail is increased, the court shall set bail in accordance with subdivision (c) of Section 1275a. If the defendant requests a change in the conditions of release, notice of the request shall be served upon the prosecuting attorney.(a)The defendant, at any time after an order admitting the defendant to bail pursuant to Section 1275a, instead of giving bail may deposit, with the clerk of the court in which the defendant is held to answer or notified to appear for arraignment, the sum mentioned in the order or a percentage of the sum mentioned in the order, not to exceed 10 percent, and, upon delivering to the officer, in whose custody defendant is a certificate of the deposit, the defendant shall be discharged from custody.
(b)Where more than one deposit is made with respect to any charge in any accusatory pleading based upon the acts supporting the original charge as a result
of which an earlier deposit was made, the defendant shall receive credit in the amount of any earlier deposit.
(c)The clerk of the court shall not accept a general assistance check for this deposit or any part thereof.
The defendant shall not be released from custody under his or her own recognizance with no further conditions, or released with a further condition or conditions, until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:
(a)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.
(b)The defendant’s promise to obey all reasonable conditions imposed by the court or magistrate.
(c)The defendant’s promise not to depart this state without leave of the court.
(d)Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California.
(e)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.