Bail: pretrial release.

Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate to 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. Under existing law, 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. This bill would require, notwithstanding any other law, and upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate to hold a specified hearing and take one of several actions, including, among others, releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond, unless the court or magistrate determines that release pursuant to that provision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. The bill would also require the court or magistrate, if the court determines that releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond will not reasonably assure his or her appearance as required or will endanger the safety of any other person or the community, to order the pretrial release of the person subject to specified conditions. If the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except as otherwise specified. The bill would require the court or magistrate to order the detention of the person for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state or local law enforcement official, if the court or magistrate determines the person may flee or pose a danger to any other person or the community and the person is, and was at the time the offense was committed, released pending trial, released pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, or on conditional release, probation, postrelease community supervision, or parole.