How does bail work in California?

Judges set bail or release conditions at arraignment, starting from the county bail schedule, but under In re Humphrey (2021) 11 Cal.5th 135, a court may not detain someone solely because they cannot afford bail. It must consider ability to pay and less restrictive alternatives such as supervised release or electronic monitoring.

Bail in California is conditional liberty, not punishment. At or before arraignment, the court sets release terms using the county bail schedule as a starting point and the factors of Penal Code section 1275: public safety first, then the seriousness of the charge, the defendant's record, and the likelihood of appearing. The California Supreme Court reshaped the analysis in In re Humphrey (2021) 11 Cal.5th 135: conditioning freedom solely on money a defendant does not have is unconstitutional, so courts must inquire into ability to pay and consider nonfinancial alternatives (own-recognizance release, supervised release, electronic monitoring) detaining without bail only on clear and convincing evidence that nothing less protects the public or assures appearance. Mechanically, bail is posted in full (refundable at case end) or through a bail bond, whose premium is the bond company's fee and is not returned. Release conditions can be revisited: a bail review hearing can be requested when circumstances change, and violations of release terms can send the analysis backward.

Authority: In re Humphrey (2021) 11 Cal.5th 135