§ 1319.5 (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is he…
Part 2: Of Criminal Procedure | Title 10: Miscellaneous Proceedings | Chapter 1: Bail | Article 9: Procedure Relating to Release on Own Recognizance
Rule Text
(a) A person described in subdivision (b) who is arrested for a new offense shall not 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:
(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.
(d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsy’s Law).
Amendment history: Amended by Stats. 2017, Ch. 554, Sec. 1. (AB 789) Effective January 1, 2018.