HomeMy WebLinkAbout2023.10.17 Agenda Packet - Regular MeetingCity Council Agenda
Tuesday, October 17, 2023 6:30 PM
South Coast Air Quality Management District/Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
How to Observe the Meeting From Home:
The public can observe the meeting by calling +1 (631) 992-3221, Access Code: 613-820-657 OR visit:
https://attendee.gotowebinar.com/register/18744269667778970 50.
How to Submit Public Comment:
The public may provide public comment by attending the meeting in person, by sending an email, or by
logging into the teleconference. Please send email public comments to the City Clerk at
cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line
“FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the
record at the meeting and posted on the City’s official agenda webpage as soon as reasonably
practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx).
The public may log into the meeting through this link:
https://attendee.gotowebinar.com/register/1874426966777897050. Members of the public will
be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to
five minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839-
7010 within 72 hours of the meeting. City Council video recordings with transcription will be available
upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading
the COVID-19 virus.
OCTOBER 17, 2023 PAGE 2
RUTH M. LOW
Council Member
CHIA TENG
Council Member
STEVE TYE
Council Member
ANDREW CHOU
Mayor
STAN LIU
Mayor Pro Tem
City Manager Dan Fox • City Attorney Omar Sandoval • City Clerk Kristina Santana
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are
broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited
to attend and participate. Copies of staff reports or other written documentation relating to agenda
items are on file and available for public inspection by contacting the Office of the City Clerk. If
requested, the agenda will be made available in an alternative format to a person with disability as
required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions
regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business
hours.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during the
time the item is taken up by the Council. In addition, members of the public may, during the Public
Comment period address the Council on any Consent Calendar item or any matter not on the
agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City
Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwi se. The
Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant consideration.
Speakers may address the Council only once on an agenda item, except during public hearings,
when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. A person who disrupts the orderly conduct of
the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is
disrupting the meeting, may result in the person being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City’s regular posting locations, on DBTV (on Spectrum Cable Channel 3 and Frontier
FiOS television Channel 47) and on the City’s website at www.diamondbarca.gov/agendas. The
City Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov/agendas
General information: (909) 839-7000
Written materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA
TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT
9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR
LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/1874426966777897050 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
October 17, 2023
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Shaykh Nomaan Baig, Institute of
Knowledge
ROLL CALL: Low, Teng, Tye, Mayor Pro Tem Liu,
Mayor Chou
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS:
“Public Comments” is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five-minute
maximum time limit when addressing the City Council. At this time, the
teleconference moderator will ask callers one at a time to give their name and if
there is an agenda item number they wish to speak on before providing their
comment.
OCTOBER 17, 2023 PAGE 2
4. SCHEDULE OF FUTURE EVENTS:
4.1 Free Catalytic Converter Etching – October 18, 2023, 9:00 – 11:00
a.m. Calvary Chapel Golden Springs, 22324 Golden Springs Dr.
4.2 Planning Commission Meeting – October 24, 2023, 6:30 – 8:00 p.m.,
online teleconference and City Hall Windmill Room, 21810 Copley Dr.
4.3 Coffee with a Cop – October 28, 2023, 7:30 a.m. – 9:30 a.m. The
Mugs, 20657 Golden Springs Dr. Ste. 101.
4.4 Halloween Party – October 28, 2023, 9:00 a.m.-12:00 p.m. Pantera
Park, 738 Pantera Dr.
4.5 City Council Meeting – November 7, 2023 – online teleconference
and SCAQMD Main Auditorium, 21865 Copley Dr.
5. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
5.1 CITY COUNCIL MINUTES OF THE OCTOBER 3, 2023 REGULAR
MEETING.
5.1.a October 3, 2023 City Council Regular Meeting Minutes
Recommended Action:
Approve the October 3, 2023 Regular City Council meeting minutes.
Requested by: City Clerk
5.2 RATIFICATION OF CHECK REGISTER DATED SEPTEMBER 27, 2023
THROUGH OCTOBER 10, 2023 TOTALING $1,348,742.03.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
5.3 TREASURER'S STATEMENT
Recommended Action:
Approve the September 2023 Treasurer’s Statement.
Requested by: Finance Department
OCTOBER 17, 2023 PAGE 3
5.4 REVISING THE NAME AND SCOPE OF THE COUNCIL HANDBOOK
REVIEW SUBCOMMITTEE TO THE COUNCIL POLICY REVIEW
SUBCOMMITTEE.
Recommended Action:
That the City Council revise the name and scope of the Council Handbook
Review Subcommittee to the Council Policy Review Subcommittee.
Requested by: City Manager
6. PUBLIC HEARINGS: NONE.
7. COUNCIL CONSIDERATION:
7.1 NEW ZERO-BAIL SCHEDULE FOR LOS ANGELES COUNTY.
Recommended Action:
Discuss and provide direction as deemed appropriate.
Requested by: City Manager
8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
9. ADJOURNMENT:
Agenda #: 5.1
Meeting Date: October 17, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE OCTOBER 3, 2023 REGULAR
MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the October 3, 2023 Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
5.1
Packet Pg. 6
Attachments:
1. 5.1.a October 3, 2023 City Council Regular Meeting Minutes
5.1
Packet Pg. 7
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM
21865 COPLEY DRIVE, DIAMOND BAR, CA 91765
OCTOBER 3, 2023
CALL TO ORDER: Mayor Chou called the Regular City Council meeting
to order at 6:30 p.m. in the South Coast Air Quality Management District Main
Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Council Member Teng led the Pledge of Allegiance.
INVOCATION: Deacon Dennis Shin, St. Denis Catholic Church,
provided the Invocation.
ROLL CALL: Council Members Chia Yu Teng, Mayor Pro Tem
Stan Liu, and Mayor Andrew Chou
Absent: Council Members Ruth Low and Steve Tye
Staff Present In Person: Dan Fox, City Manager; Ryan McLean, Assistant City
Manager; Omar Sandoval, City Attorney; Anthony Santos, Assistant to the City
Manager; Jason Jacobsen, Finance Director; Cecilia Arellano, Senior Community
Relations Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City
Clerk
Staff Present Telephonically: Ryan Wright, Parks and Recreation Director; Amy
Haug, Human Resources and Risk Manager; Greg Gubman, Community Development
Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Jason Willia ms,
Maintenance Supervisor; Ken Desforges, Information Systems Director; Marsha Roa,
Community Relations Manager
Others Present: Captain Stephen Tousey, Diamond Bar/Walnut
Station and Leticia Pacillas, LACFD Community Services Liaison
APPROVAL OF AGENDA: Mayor Chou approved the agenda as presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Certificates of Recognition for Diamond Bar Girls Softball 8U All-Stars.
Mayor Chou and City Council Members presented certificates to the
players and thanked them and their coaches for representing the City of
Diamond Bar.
1.2 2023 San Gabriel Valley Council of Governments (SGVCOG) Update.
Rene Coronel, Senior Project Manager, San Gabriel Valley Council of
Governments provided an update on 2023 SGVCOG projects and project
plans for 2024 and responded to Council questions.
5.1.a
Packet Pg. 8
OCTOBER 3, 2023 PAGE 2 CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS:
Mary Gonzalez again asked the City for assistance with her domestic abuse case
and Captain Tousey explained his department’s response and his September
19th conversation with her via her interpreter.
Mayor Chou explained to Ms. Gonzalez that her request for the City’s help on
this matter is outside the subject matter jurisdiction of the City Council and
discouraged her from further speaking on the issue during public comments.
Erick Ortiz, Tenant Counselor with the Healing and Justice Center, spoke about
the need for community access to Broadband highlighted during COVID and
asked for the Council’s support to help close the digital divide by writing a
supportive letter to the LA County Board of Supervisors urging them to
investigate discriminatory practices of independent service providers.
Cynthia Yu, Diamond Bar Library, reported on October lib rary programs including
the Friends of the Library annual essay writing contest and other events.
Additional information can be found online at www.lacountylibrary.org.
4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of
Future Events.
5. CONSENT CALENDAR: MPT/Liu moved, C/Teng seconded, to approve the
Consent Calendar as presented with the exception of Item 5.4 withdrawn from
Consent Calendar by C/Teng. Motion carried 3-0 by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Teng, MPT/Liu, M/Chou
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Low, Tye
5.1 APPROVED CITY COUNCIL MINUTES:
5.1.1 SEPTEMBER 19, 2023 REGULAR MEETING.
5.2 RATIFIED CHECK REGISTER DATED SEPTEMBER 13, 2023
THROUGH SEPTEMBER 26, 2023 TOTALING $1,509,781.59.
5.3 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
ENTERTAINMENT SERVICES AGREEMENT WITH JAMES EVENT
PRODUCTIONS TO PROVIDE ENTERTAINMENT SERVICES FOR
CITYWIDE PROGRAMS AND EVENTS THROUGH JUNE 30, 2028.
5.1.a
Packet Pg. 9
OCTOBER 3, 2023 PAGE 3 CITY COUNCIL
5.5 ADOPTED RESOLUTION NO. 2023-32 APPROVING FINAL PARCEL
MAP NO. 83708 TO SUBDIVIDE AN EXISTING 2.09 ACRE
COMMERCIAL PROPERTY LOCATED AT 2020 SOUTH BREA CANYON
ROAD (PLAZA DIAMOND BAR).
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
5.4 APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE
CONSULTING SERVICES AGREEMENT WITH BLACK O’DOWD AND
ASSOCIATES, INC. IN A NOT-TO-EXCEED AMOUNT OF $362,300,
PLUS A CONTINGENCY AMOUNT OF $72,460, FOR A TOTAL
AUTHORIZATION AMOUNT OF $434,760 FOR THE DESIGN OF
HERITAGE PARK RENOVATION PROJECT PHASES I AND II
(CIP#FP24502), AND DETERMINE THAT APPROVAL OF THE DESIGN
SERVICES AGREEMENT FOR THE PROPOSED PROJECT IS NOT
SUBJECT TO ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES ARTICLE 18, SECTION 15262.
C/Teng asked if the City had sufficient funding resources to construct this
project and CM/Fox explained that once construction level drawings are
available staff will have more accurate costs estimates and the Council will
determine whether or not to move forward with the project at that time
using General Fund reserve dollars for this one-time significant capital
investment.
MPT/Liu moved, M/Chou seconded, to approve Item 5.4. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS: MPT/Liu, M/Chou
NOES: COUNCIL MEMBERS: Teng
ABSENT: COUNCIL MEMBERS: Low, Tye
6. PUBLIC HEARINGS: NONE
7. COUNCIL CONSIDERATION: NONE
8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Teng attended the League of California Cities annual meeting in Sacramento
and participated in sessions on Affordable Housing where he observed that
elected officials from small cities like Diamond Bar oppose the current legis lation
and policy which they felt did not help relieve the housing issue and created
additional burdens for their communities.
5.1.a
Packet Pg. 10
OCTOBER 3, 2023 PAGE 4 CITY COUNCIL
MPT/Liu thanked staff for the presentations, thanked drivers and residents for
their patience while traversing Golden Springs Drive during roadway
improvement construction and looked forward to seeing everyone out during
Restaurant Week.
M/Chou invited his colleagues to attend St. Jude’s new location ribbon-cutting
ceremony on Thursday, October 5th at 10:00 a.m. and colleagues and residents
to attend the local Walmart’s 25th anniversary celebration on Saturday, October
7th at 11:00 a.m. He attended the League of Cal ifornia Cities meeting and
echoed comments regarding affordable housing . The LA Division had a call last
Wednesday in response to the zero bail policy that went into effect October 1st
and following that call, the Board of LA Division drafted a letter to the presiding
judge asking for a postponement/injunction which was followed by the filing of a
lawsuit by 12 cities that have their own police departments. M/Chou asked that
staff study the issue and consider taking a position based on the City’s legislat ive
platform and bring the matter back to Council for further discussion. There was
Council concurrence to schedule the matter for discussion at the next meeting.
ADJOURNMENT: With no further business to conduct, Mayor Chou adjourned the
Regular City Council Meeting at 7:18 p.m.
Respectfully Submitted:
________________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 17th day of October, 2023.
Andrew Chou, Mayor
5.1.a
Packet Pg. 11
Agenda #: 5.2
Meeting Date: October 17, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED SEPTEMBER 27, 2023
THROUGH OCTOBER 10, 2023 TOTALING $1,348,742.03.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,348,752.03.
BACKGROUND/DISCUSSION:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council Meeting.
The attached check register containing checks dated September 27, 2023 through
October 10, 2023 totaling $1,348,742.03 is being presented for ratification. All
payments have been made in compliance with the City’s purchasing policies and
procedures, and have been reviewed and approved by the appropriate departmental
staff. The attached Affidavit affirms that the check register has been audited and
deemed accurate by the Finance Director.
PREPARED BY:
5.2
Packet Pg. 12
REVIEWED BY:
Attachments:
1. 5.2.a Check Register Affidavit 10-17-2023
2. 5.2.b Check Register 10-17-2023
5.2
Packet Pg. 13
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated September 27, 2023 through October 10, 2023 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
Signed:
__________________________________
Finance Director
Jason M. Jacobsen
5.2.a
Packet Pg. 14
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9884 9/27/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 809 S DBB - TC-1 100655 52210 $115.83
CHECK TOTAL $115.83
9885 9/27/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - BREA
CYN/FALLOWFIELD ETC - TC-1
100655 52210 $220.14
CHECK TOTAL $220.14
9886 9/27/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 22805 GOLDEN
SPRINGS ETC - TC-1
100655 52210 $3,535.43
CHECK TOTAL $3,535.43
9887 9/27/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21010
WASHINGTON AVE - TC-1
100655 52210 $104.42
CHECK TOTAL $104.42
9888 9/27/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL -1798 DBB/22566
GOLDN SPRNGS - TC1
100655 52210 $247.43
CHECK TOTAL $247.43
9890 9/28/2023 SOUTHERN CALIFORNIA EDISON 20980 E CYN RIDGE LANE (081023-
091023) FY23-24
241641 52210 $16.70
CHECK TOTAL $16.70
9891 9/28/2023 SOUTHERN CALIFORNIA EDISON 20850 HIGH COUNTRY DR (011023-
091023) FY23-24
241641 52210 $16.70
CHECK TOTAL $16.70
9892 9/28/2023 SOUTHERN CALIFORNIA EDISON 1000S LEMON AVE (081123-091123)
FY23-24
238638 52210 $17.18
CHECK TOTAL $17.18
9893 9/28/2023 SOUTHERN CALIFORNIA EDISON 22745 SUNSET CROSSING RD (081423-
091223) FY23-24
238638 52210 $16.00
CHECK TOTAL $16.00
9894 9/28/2023 SOUTHERN CALIFORNIA EDISON 3564 BREA CYN RD (081423-091223)
FY23-24
238638 52210 $15.76
CHECK TOTAL $15.76
9895 9/28/2023 SOUTHERN CALIFORNIA EDISON 2025 DIAMOND BAR BLVD (081423-
091223) FY23-24
238638 52210 $16.00
CHECK TOTAL $16.00
9896 9/28/2023 SOUTHERN CALIFORNIA EDISON CITYHALL (081423-091223) FY23-24 100620 52210 $24,137.83
5.2.b
Packet Pg. 15
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $24,137.83
9897 9/28/2023 SOUTHERN CALIFORNIA EDISON 2746 BREA CYN RD (081423-091223)
FY23-24
238638 52210 $16.00
CHECK TOTAL $16.00
9898 9/28/2023 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON AVE (081023-
091023)FY23-24
100630 52210 $41.30
CHECK TOTAL $41.30
9899 10/2/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE
- TC-1
100655 52210 $123.84
CHECK TOTAL $123.84
9900 10/2/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 553 N DBB &
VARIOUS - TC-1
100655 52210 $1,211.55
CHECK TOTAL $1,211.55
9901 10/3/2023 SOUTHERN CALIFORNIA EDISON 652 S BREA CYN RD (082123-091923)
FY23-24
238638 52210 $16.24
CHECK TOTAL $16.24
9902 10/3/2023 SOUTHERN CALIFORNIA EDISON 3334 1/2 S BREA CYN RD (082223-
092023) FY23-24
100630 52210 $99.77
CHECK TOTAL $99.77
9904 9/29/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/29/2023
238 21118 $10.29
9/29/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/29/2023
239 21118 $10.29
9/29/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/29/2023
241 21118 $10.29
9/29/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/29/2023
207 21118 $12.68
9/29/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/29/2023
250 21118 $30.06
9/29/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/29/2023
206 21118 $44.32
9/29/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/29/2023
100 21118 $1,829.39
CHECK TOTAL $1,947.32
9905 9/29/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
09/29/2023
225 21109 $20.93
5.2.b
Packet Pg. 16
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/29/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
09/29/2023
239 21109 $141.34
9/29/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
09/29/2023
241 21109 $141.34
9/29/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
09/29/2023
206 21109 $226.35
9/29/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
09/29/2023
238 21109 $282.69
9/29/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
09/29/2023
207 21109 $356.67
9/29/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
09/29/2023
250 21109 $477.56
9/29/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
09/29/2023
100 21109 $13,105.84
CHECK TOTAL $14,752.72
9906 9/29/2023 CALPERS PENSION CONTRIBUTION 9/9/23-9/22/23
& 9/1-9/30/23
225 21110 $171.40
9/29/2023 CALPERS PENSION CONTRIBUTION 9/9/23-9/22/23
& 9/1-9/30/23
239 21110 $177.90
9/29/2023 CALPERS PENSION CONTRIBUTION 9/9/23-9/22/23
& 9/1-9/30/23
241 21110 $177.90
9/29/2023 CALPERS PENSION CONTRIBUTION 9/9/23-9/22/23
& 9/1-9/30/23
238 21110 $271.25
9/29/2023 CALPERS PENSION CONTRIBUTION 9/9/23-9/22/23
& 9/1-9/30/23
207 21110 $672.35
9/29/2023 CALPERS PENSION CONTRIBUTION 9/9/23-9/22/23
& 9/1-9/30/23
206 21110 $677.29
9/29/2023 CALPERS PENSION CONTRIBUTION 9/9/23-9/22/23
& 9/1-9/30/23
250 21110 $1,878.32
9/29/2023 CALPERS PENSION CONTRIBUTION 9/9/23-9/22/23
& 9/1-9/30/23
100 21110 $41,495.14
CHECK TOTAL $45,521.55
5.2.b
Packet Pg. 17
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9907 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS
- LS-2
100655 52210 $123.73
CHECK TOTAL $123.73
9908 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CANYON -
LS-2
100655 52210 $70.57
CHECK TOTAL $70.57
9909 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY
CENTER DR - LS-2
100655 52210 $94.09
CHECK TOTAL $94.09
9910 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1 DBB/TEMPLE - LS-2 100655 52210 $133.87
CHECK TOTAL $133.87
9911 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB - LS-2 100655 52210 $94.09
CHECK TOTAL $94.09
9912 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN
SPRINGS - LS-2
100655 52210 $94.09
CHECK TOTAL $94.09
9913 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566
GOLDN SPRNGS - LS-2
100655 52210 $210.90
CHECK TOTAL $210.90
9914 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN
SPRINGS - LS-2
100655 52210 $89.26
CHECK TOTAL $89.26
9915 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21010 WASHINGTON
AVE - LS-2
100655 52210 $111.98
CHECK TOTAL $111.98
9916 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 S DBB - LS-2 100655 52210 $141.11
CHECK TOTAL $141.11
9917 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA
CYN/FALLOWFIELD - LS-2
100655 52210 $93.30
CHECK TOTAL $93.30
9918 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/OAKCREST -
LS-2
100655 52210 $71.03
CHECK TOTAL $71.03
5.2.b
Packet Pg. 18
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9919 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN
SPRINGS - LS-2
100655 52210 $117.60
CHECK TOTAL $117.60
9920 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CANYON
TC1 - LS-2
100655 52210 $149.38
CHECK TOTAL $149.38
9921 10/9/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER - LS-
2
100655 52210 $257.35
CHECK TOTAL $257.35
9922 10/9/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450
BRIDGEGATE/VARIOUS - TC-1
100655 52210 $441.85
CHECK TOTAL $441.85
9927 10/10/2023 ROBYN A BECKWITH INTERIOR PLANT SERVICE (JULY) FY23-24 100510 55300 $275.00
10/10/2023 ROBYN A BECKWITH INTERIOR PLANT SERVICE (JULY) FY23-24 100620 52320 $380.00
10/10/2023 ROBYN A BECKWITH INTERIOR PLANT SERVICE (AUGUST)
FY23-24
100510 55300 $275.00
10/10/2023 ROBYN A BECKWITH INTERIOR PLANT SERVICE (AUGUST)
FY23-24
100620 52320 $380.00
CHECK TOTAL $1,310.00
9928 10/10/2023 CALIFORNIA DEPT OF TAX AND
FEE ADMI
SALES & USE TAX - JUL - SEPT 2023 100 29006 $8.55
10/10/2023 CALIFORNIA DEPT OF TAX AND
FEE ADMI
SALES & USE TAX - JUL - SEPT 2023 100 29005 $87.45
CHECK TOTAL $96.00
9929 10/10/2023 FIDUCIARY EXPERTS LLC FIDUCIARY OVERSIGHT QUARTERLY FEE 100220 54900 $2,000.00
CHECK TOTAL $2,000.00
9930 10/10/2023 RICK RAYMOND MATTIE AV SUPPORT FOR MEETING BROADCAST 100240 55000 $150.00
CHECK TOTAL $150.00
9931 10/10/2023 ONE TIME PAY VENDOR BARROS PIZZA DBRW 2023 100150 54900 $339.34
CHECK TOTAL $339.34
9932 10/10/2023 ONE TIME PAY VENDOR SGV CITY MANAGERS’
ASSOC.
ANNUAL MEMBERSHIP JULY 1, 2023 -
JUNE 30, 2024
100130 52400 $55.00
CHECK TOTAL $55.00
5.2.b
Packet Pg. 19
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9933 10/10/2023 OTIS ELEVATOR COMPANY ELEVATOR MAINTENANCE (CITYHALL) FY
23-24
100620 52320 $6,245.16
CHECK TOTAL $6,245.16
9934 10/10/2023 SC FUELS FLEET VEHICLE FUEL (SEPT090123-091523)
FY 23-24
502620 52330 $51.31
10/10/2023 SC FUELS FLEET VEHICLE FUEL (SEPT090123-091523)
FY 23-24
502430 52330 $122.48
10/10/2023 SC FUELS FLEET VEHICLE FUEL (SEPT090123-091523)
FY 23-24
502630 52330 $453.56
10/10/2023 SC FUELS FLEET VEHICLE FUEL (SEPT090123-091523)
FY 23-24
502655 52330 $951.96
CHECK TOTAL $1,579.31
9935 10/10/2023 SITEREP CONSTRUCTION
SERVICES INC
SHELTER INSTALLATION-CANYON LOOP 301630 56104 $59,513.00
CHECK TOTAL $59,513.00
9936 10/10/2023 SPECTRUM BUSINESS CABLE TV/INTERNET - CITY HALL - SEPT
2023
100230 54030 $1,727.81
CHECK TOTAL $1,727.81
9937 10/10/2023 THE GAS COMPANY DIAMOND BAR CENTER (081423-091323)
FY 23-24
100510 52215 $60.36
CHECK TOTAL $60.36
9938 10/10/2023 TORTI GALLAS AND PARTNERS
INC
TOWN CENTER SPECIFIC PLAN-AUGUST
2023
103410 54900 $25,077.25
CHECK TOTAL $25,077.25
9939 10/10/2023 VALLEY VISTA SERVICES, INC. STREET SWEEPING SERVICES
(SEPTEMBER) FY 23-24
100655 55510 $11,971.20
CHECK TOTAL $11,971.20
9940 10/10/2023 WEST COAST ARBORISTS INC TREE MAINT (VARIOUS LOC 091323-
091823) FY23-24
100645 55522 $1,259.70
CHECK TOTAL $1,259.70
9941 10/10/2023 PREMIER BRIDAL SHOWS
COMPANY
BRIDAL SHOW BOOTH 100510 52304 $596.25
CHECK TOTAL $596.25
9942 10/10/2023 ABOUND FOOD CARE JULY 2023-EDIBLE FOOD RECOVERY 250170 54900 $1,632.35
10/10/2023 ABOUND FOOD CARE AUGUST 2023 FOOD RECOVERY
SERVICES
250170 54900 $1,632.35
5.2.b
Packet Pg. 20
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $3,264.70
9943 10/10/2023 AIMTD LLC ADT TRAFFIC COUNTS - NTMP N. DEL
SOL/HAWKWOOD
100615 54400 $2,280.00
CHECK TOTAL $2,280.00
9944 10/10/2023 ALL CITY MANAGEMENT
SERVICES INC
CROSSING GUARD SERVICES - 9/3/23-
9/16/23
100310 55412 $12,094.50
CHECK TOTAL $12,094.50
9945 10/10/2023 ALLIANT INSURANCE SERVICES
INC
EVENT INSURANCE FOR HALLOWEEN
PARTY
100520 55300 $500.00
10/10/2023 ALLIANT INSURANCE SERVICES
INC
EVENT INSURANCE FOR WINTER SNOW
FEST
100520 55300 $579.00
CHECK TOTAL $1,079.00
9946 10/10/2023 ATHACO INC STREET NAME SIGN 100630 51200 $108.70
10/10/2023 ATHACO INC STREET NAME SIGN 100630 51200 $108.70
CHECK TOTAL $217.40
9947 10/10/2023 BERRY MEDICS NY INC RECREATION EQUIPMENT 100520 51200 $3,133.76
CHECK TOTAL $3,133.76
9948 10/10/2023 BIGGERFISH PRODUCTION OF 2024 STREET
SWEEPING MAGNET QTY 5500
250170 52110 $2,337.20
CHECK TOTAL $2,337.20
9949 10/10/2023 JOHN E BISHOP INSTRUCTOR PAYMENT - MARTIAL ARTS -
SUM 23
100520 55320 $210.00
CHECK TOTAL $210.00
9950 10/10/2023 KATHY BREAUX INSTRUCTOR PAYMENT - ART - FALL 23 100520 55320 $147.00
CHECK TOTAL $147.00
9951 10/10/2023 BRIAN MARTINEZ PHOTOGRAPHER SENIOR DANCE &
STATE OF THE CITY
100240 52130 $780.00
CHECK TOTAL $780.00
9952 10/10/2023 CIVICPLUS LLC GRAPHIC BUTTON DESIGN REQUEST 100230 52314 $320.00
CHECK TOTAL $320.00
9953 10/10/2023 COCO SUTZE CHENG INSTRUCTOR PAYMENT - ZUMBA - SUM
23
100520 55320 $72.00
CHECK TOTAL $72.00
5.2.b
Packet Pg. 21
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9954 10/10/2023 COLLEY AUTO CARS INC VEHICLE MAINT (LIC#1338160) FY23-24 502620 52312 $2,067.66
CHECK TOTAL $2,067.66
9955 10/10/2023 CORCINO PRODUCTIONS INC VIDEOTAPING OF THE 2023 STATE OF
THE CITY ADDRESS
100240 54900 $1,050.00
CHECK TOTAL $1,050.00
9956 10/10/2023 CT & T CONCRETE PAVING INC RD MAINT SERVICES (CAPEN
RD/SUNNYHILL) FY23-24
100655 55512 $64,654.33
CHECK TOTAL $64,654.33
9957 10/10/2023 DAVID EVANS AND ASSOCIATES
INC
LANDSCAPE PLAN CKG SVCS-2626
WAGON TRAIL
100 22107 $886.00
10/10/2023 DAVID EVANS AND ASSOCIATES
INC
LANDSCAPE PLAN CHECK-2845 DIA BAR
BL
100 22107 $386.00
CHECK TOTAL $1,272.00
9958 10/10/2023 CAROL A DENNIS MINUTES TRANSCRIPTION FOR COUNCIL
MEETING IN SEPT.
100140 54900 $200.00
CHECK TOTAL $200.00
9959 10/10/2023 DEPARTMENT OF MOTOR
VEHICLES
CLEANAIRDECAL(LIC#1670079) FY23-24 502130 52312 $22.00
CHECK TOTAL $22.00
9960 10/10/2023 DIANA CHO & ASSOCIATES CBDG ADMINISTRATIVE SERVICES-AREA
3 ADA-JULY 2023
301610 56101 $425.00
10/10/2023 DIANA CHO & ASSOCIATES CBDG ADMINISTRATIVE SERVICES-AREA
3-AUGUST 2023-5
301610 56101 $892.50
CHECK TOTAL $1,317.50
9961 10/10/2023 FEDERAL EXPRESS
CORPORATION
EXPRESS MAILING - HR GREEN 100610 52160 $30.58
CHECK TOTAL $30.58
9962 10/10/2023 FEHR & PEERS ON-CALL TRAFFIC ENGR - 7/28/23-
8/25/23
100615 54410 $2,009.25
CHECK TOTAL $2,009.25
9963 10/10/2023 FOOTHILL BUILDING MATERIALS
INC
SAND/SAND BAGS - FIRE STATION #119 100350 51200 $628.53
10/10/2023 FOOTHILL BUILDING MATERIALS
INC
SAND/SANDBAGS - FIRE STATION #121 100350 51200 $628.53
CHECK TOTAL $1,257.06
5.2.b
Packet Pg. 22
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9964 10/10/2023 FRANCOISE S ZAMBRA INSTRUCTOR PAYMENT - PILATES - FALL
23
100520 55320 $528.00
CHECK TOTAL $528.00
9965 10/10/2023 GATEWAY CORP CENTER ASSOC ASSOC DUES (OCT) FY 23-24 100620 52400 $2,972.00
CHECK TOTAL $2,972.00
9966 10/10/2023 GATEWAY WATER
MANAGEMENT AUTHORITY
HARBOR TOXIC UPSTREAM ADMIN COST
- FY 23-24
201610 54200 $5,361.44
CHECK TOTAL $5,361.44
9967 10/10/2023 GO LIVE TECHNOLOGY INC PS - ELM PROJECT MGMT. - SEPT 2023 503230 56135 $1,875.00
CHECK TOTAL $1,875.00
9968 10/10/2023 GOTO COMMUNICATIONS INC CITYWIDE PHONE SYSTEM - OCT 2023- 100230 52200 $2,696.27
CHECK TOTAL $2,696.27
9969 10/10/2023 GOVCONNECTION INC ANNUAL RENEWAL - VMWARE 100230 52314 $2,880.00
10/10/2023 GOVCONNECTION INC F5 ANNUAL RENEWAL & REFRESH 503230 56130 $18,697.90
10/10/2023 GOVCONNECTION INC PURCHASE - LAPTOPS/ACCESSORIES -
TARGUS BAGS (18)
503230 56130 $551.88
CHECK TOTAL $22,129.78
9970 10/10/2023 WOODS MAINTENANCE
SERVICES INC
GRAFFITI ABATEMENT - SEPTEMBER 2023 100430 55540 $2,975.00
CHECK TOTAL $2,975.00
9971 10/10/2023 HEATHER JEN CHANG CONTRACT CLASS INSTRUCTOR- ART 100520 55320 $897.00
CHECK TOTAL $897.00
9972 10/10/2023 HODGMAN ENTERPRISES MAILING OF AUGUST 2023 NEWSLETTER
AND REC GUIDE
100240 52110 $10,944.01
CHECK TOTAL $10,944.01
9973 10/10/2023 HOME DEPOT CREDIT SERVICES PARKS MAINT (TOOL REPLACEMENT)
FY23-24
100630 52320 $1,241.42
CHECK TOTAL $1,241.42
9974 10/10/2023 INTEGRUS LLC RICOH COPY CHARGES - 7/19/23-
8/18/23
100230 52100 $389.33
10/10/2023 INTEGRUS LLC RICOH COPY CHARGES - 8/19/23-
9/18/23
100230 52100 $634.77
CHECK TOTAL $1,024.10
5.2.b
Packet Pg. 23
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9975 10/10/2023 ITERIS INC ON-CALL TRAFFIC ENGR. - THRU 8/31/23 207650 54410 $3,640.00
CHECK TOTAL $3,640.00
9976 10/10/2023 JOE A GONSALVES & SON INC PROF. SERVICES IN OCT. - STATE
LOBBYIST
100130 54900 $2,500.00
CHECK TOTAL $2,500.00
9977 10/10/2023 K7 ENTERPRISES THR TOUR DIRECTIONAL SIGNAGE 100240 52110 $256.84
10/10/2023 K7 ENTERPRISES DBRW STRETCH BANNERS 6 100150 54900 $1,633.78
CHECK TOTAL $1,890.62
9978 10/10/2023 LIZA G MONTIEL SENIOR DANCE DJ 9.28 23-24 100520 55310 $350.00
CHECK TOTAL $350.00
9979 10/10/2023 LOOMIS COURIER SVCS - SEPTEMBER 2023 100210 54900 $738.43
10/10/2023 LOOMIS COURIER SVCS - SEPTEMBER 2023 100510 54900 $738.43
CHECK TOTAL $1,476.86
9980 10/10/2023 LOS ANGELES COUNTY FIRE
DEPARTMENT
HAZARD MATERIAL DISCLOS PRGM
(FIRE-CUPA)FY23-24
100620 52320 $454.00
CHECK TOTAL $454.00
9981 10/10/2023 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2023-24 LAW ENF. GEN. SERVICES 08-
2023
100310 55400 $627,720.11
10/10/2023 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2023-24 LAW ENF. CAV CHAPEL
SERVICES 08-2023
100310 55402 $11,179.54
CHECK TOTAL $638,899.65
9982 10/10/2023 LOWE'S BUSINESS ACCOUNT ROAD MAINT SUPPLIES FY 23-24 100655 51250 $53.05
CHECK TOTAL $53.05
9983 10/10/2023 MCE CORPORATION IRRIGATION INSTALLATION -
DBB/GRAND
100 22109 $5,087.50
10/10/2023 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41-JULY)FY23-24
241641 55524 $5,412.19
10/10/2023 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41-JULY)FY23-24
239639 55524 $13,200.67
10/10/2023 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41-JULY)FY23-24
238638 55524 $15,842.74
10/10/2023 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41-AUG)FY23-24
241641 55524 $5,412.19
5.2.b
Packet Pg. 24
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
10/10/2023 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41-AUG)FY23-24
239639 55524 $13,200.67
10/10/2023 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41-AUG)FY23-24
238638 55524 $15,842.74
10/10/2023 MCE CORPORATION ROAD MAINTENANCE (PJT#23-219)
FY23-24
100655 55530 $146.46
10/10/2023 MCE CORPORATION ROAD MAINTENANCE (PJT#23-219)
FY23-24
201655 55530 $3,373.28
10/10/2023 MCE CORPORATION ROAD MAINTENANCE (PJT#23-219)
FY23-24
100655 55528 $13,769.19
10/10/2023 MCE CORPORATION AS NEEDED (D38) FY23-24 238638 52320 $862.05
CHECK TOTAL $92,149.68
9984 10/10/2023 MERCURY DISPOSAL SYSTEMS
INC
HHW 9/26/23 250170 55000 $117.40
10/10/2023 MERCURY DISPOSAL SYSTEMS
INC
HHW PICK UP AT ACE HARDWARE 250170 55000 $1,983.05
CHECK TOTAL $2,100.45
9985 10/10/2023 METROLINK METROLINK PASSES - SEPT 2023 206650 55610 $980.70
10/10/2023 METROLINK METROLINK PASSES - SEPT 2023 206650 55620 $3,922.80
CHECK TOTAL $4,903.50
9986 10/10/2023 MOBILE RELAY ASSOCIATES INC REPEATER SERV. FOR EMERGENCY
PREPAREDNESS IN OCT
100350 52300 $78.75
CHECK TOTAL $78.75
9987 10/10/2023 NATIONAL TRENCH SAFETY INC RENTAL EQUIP (GS SLOPE KRAILS092923-
102623)FY23-24
100655 52300 $455.52
CHECK TOTAL $455.52
9988 10/10/2023 NETWORK PARATRANSIT SYSTEMS
INC
FY2023-24 DIAMOND RIDE SR TRANS.
SVCS 08/2023
206650 55560 $24,217.16
CHECK TOTAL $24,217.16
9989 10/10/2023 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $270.00
CHECK TOTAL $270.00
9990 10/10/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - SEPTEMBER 2023 100610 51200 $19.16
10/10/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - SEPTEMBER 2023 100210 51200 $35.27
10/10/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - SEPTEMBER 2023 100510 51200 $176.08
5.2.b
Packet Pg. 25
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
10/10/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - SEPTEMBER 2023 100140 51200 $949.76
CHECK TOTAL $1,180.27
9991 10/10/2023 ONE TIME PAY VENDOR ABDUL LATEEF PICNIC REFUND 100 20202 $100.00
CHECK TOTAL $100.00
9992 10/10/2023 ONE TIME PAY VENDOR ARTURO TORRES RECREATION PROGRAM REFUND 100 20202 $35.00
CHECK TOTAL $35.00
9993 10/10/2023 ONE TIME PAY VENDOR ASHLEY YSAIS PARK REFUND 100 20202 $300.00
CHECK TOTAL $300.00
9994 10/10/2023 ONE TIME PAY VENDOR BARBARA GRIEGO RECREATION PROGRAM REFUND 100 20202 $40.00
CHECK TOTAL $40.00
9995 10/10/2023 ONE TIME PAY VENDOR CHARNGYI CHEN RECREATION PROGRAM REFUND 100 20202 $70.00
CHECK TOTAL $70.00
9996 10/10/2023 ONE TIME PAY VENDOR CHY UBA FACILITY DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
9997 10/10/2023 ONE TIME PAY VENDOR CITY OF BREA DBC BRIDAL SHOW BOOTH 100510 52304 $400.00
CHECK TOTAL $400.00
9998 10/10/2023 ONE TIME PAY VENDOR CORA ORANTE RECREATION PROGRAM REFUND 100 20202 $70.00
CHECK TOTAL $70.00
9999 10/10/2023 ONE TIME PAY VENDOR CYD QUACH PARK REFUND 100 20202 $200.00
CHECK TOTAL $200.00
10000 10/10/2023 ONE TIME PAY VENDOR DONNA LUA FACILITY DEPOSIT REFUND 100 20202 $200.00
CHECK TOTAL $200.00
10001 10/10/2023 ONE TIME PAY VENDOR GEORGIA ROUMBOS RECREATION PROGRAM REFUND 100 20202 $70.00
CHECK TOTAL $70.00
10002 10/10/2023 ONE TIME PAY VENDOR HELLO ART WORLD FACILITY REFUND 100 20202 $500.00
CHECK TOTAL $500.00
10003 10/10/2023 ONE TIME PAY VENDOR IN CHOI RECREATION PROGRAM REFUND 100 20202 $25.00
CHECK TOTAL $25.00
5.2.b
Packet Pg. 26
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
10004 10/10/2023 ONE TIME PAY VENDOR JUANITA GUILLORY RECREATION PROGRAM REFUND 100 20202 $40.00
CHECK TOTAL $40.00
10005 10/10/2023 ONE TIME PAY VENDOR KERRI HUNTER RECREATION PROGRAM REFUND 100 20202 $140.00
CHECK TOTAL $140.00
10006 10/10/2023 ONE TIME PAY VENDOR LETICIA SCANLAN RECREATION PROGRAM REFUND 100 20202 $10.00
CHECK TOTAL $10.00
10007 10/10/2023 ONE TIME PAY VENDOR LORETTA PEREZ RECREATION PROGRAM REFUND 100 20202 $35.00
CHECK TOTAL $35.00
10008 10/10/2023 ONE TIME PAY VENDOR MIKE SCARBERRY PICNIC REFUND 100 20202 $100.00
CHECK TOTAL $100.00
10009 10/10/2023 ONE TIME PAY VENDOR MUSIC TEACHERS
ASSOCIATION OF
CALIFORNIA
FACILITY REFUND 100 20202 $200.00
CHECK TOTAL $200.00
10010 10/10/2023 ONE TIME PAY VENDOR NATIVIDAD FARQUER FACILITY DEPOSIT REFUND 100 20202 $200.00
CHECK TOTAL $200.00
10011 10/10/2023 ONE TIME PAY VENDOR OLGA DIAZ WINTER SNOW FEST VENDOR REFUND 100 20202 $50.00
CHECK TOTAL $50.00
10012 10/10/2023 ONE TIME PAY VENDOR PAULA DEMATTEO RECREATION PROGRAM REFUND 100 20202 $70.00
CHECK TOTAL $70.00
10013 10/10/2023 ONE TIME PAY VENDOR ROSEMARY GARCIA RECREATION PROGRAM REFUND 100 20202 $40.00
CHECK TOTAL $40.00
10014 10/10/2023 ONE TIME PAY VENDOR SANJUKTA JENA PICNIC REFUND 100 20202 $100.00
CHECK TOTAL $100.00
10015 10/10/2023 ONE TIME PAY VENDOR SHENGFEN JIANG PARK REFUND 100 20202 $200.00
CHECK TOTAL $200.00
10016 10/10/2023 ONE TIME PAY VENDOR SUZIE TSENG RECREATION PROGRAM REFUND 100 20202 $399.00
CHECK TOTAL $399.00
10017 10/10/2023 ONE TIME PAY VENDOR WANDA TANAKA RECREATION PROGRAM REFUND 100 20202 $35.00
5.2.b
Packet Pg. 27
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $35.00
10018 10/10/2023 ONE TIME PAY VENDOR ZITA FOSTER RECREATION PROGRAM REFUND 100 20202 $40.00
CHECK TOTAL $40.00
10019 10/10/2023 ONE TIME PAY VENDOR - CND
REFUND
JEREMY & AMY SIGLAR PR2023-000-1505/2522 SUNBRIGHT 100 22105 $250.00
CHECK TOTAL $250.00
10020 10/10/2023 ONE TIME PAY VENDOR - CND
REFUND
SUNSHINE ROOFING PR2023-000-1611 24226 DELTA DRIVE 100 22105 $250.00
CHECK TOTAL $250.00
10021 10/10/2023 ONE TIME PAY VENDOR - CND
REFUND
TAI YU DING AND
SHUQUIN TONG
PR2020-0001670 100 22105 $900.00
CHECK TOTAL $900.00
10022 10/10/2023 ONE TIME PAY VENDOR - CND
REFUND
VCR ROOFING
COMPANY INC.,
PR2023-0001339/1649 MAPLE HILL RD 100 22105 $250.00
CHECK TOTAL $250.00
10023 10/10/2023 OTIS ELEVATOR COMPANY ELEVATOR MAINTENANCE SURCHARGE
(CITYHALL) FY 23-24
100620 52320 $100.00
CHECK TOTAL $100.00
10024 10/10/2023 PRO1PRINT, LLC PRINTING DBRW POSTCARDS 100150 54900 $170.89
10/10/2023 PRO1PRINT, LLC PRINTING OF BUSINESS WATCH
POSTCARDS - OCT-DEC2023
100310 53510 $192.94
CHECK TOTAL $363.83
10025 10/10/2023 QUADIENT FINANCE USA INC ANNUAL SUPPORT - QUADIENT FOLDING
MACHINE FY 23-24
100230 52314 $3,497.58
CHECK TOTAL $3,497.58
10026 10/10/2023 GREGORY C REUEL AUGUST 2023 SPACE AVAILABLE
REPORTS
100150 54900 $1,500.00
CHECK TOTAL $1,500.00
10027 10/10/2023 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES-
AUGUST 2023
100420 55100 $47,569.61
CHECK TOTAL $47,569.61
10028 10/10/2023 ROTH STAFFING COMPANIES, LP TEMP STAFFING - FINANCE WK
9/24/2023
100210 54010 $864.00
10/10/2023 ROTH STAFFING COMPANIES, LP TEMP STAFFING - FINANCE WK
10/01/2023
100210 54010 $1,377.00
5.2.b
Packet Pg. 28
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $2,241.00
10029 10/10/2023 SAN GABRIEL CONSERVATION
CORP
PAPER SHREDDING EVENT 9/23 250170 55000 $1,472.00
CHECK TOTAL $1,472.00
10030 10/10/2023 SCMAF REGISTRATION FEE FOR SCMAF INSTITUTE 100520 52410 $160.00
CHECK TOTAL $160.00
10031 10/10/2023 SIMPSON ADVERTISING INC DESIGN AND LAYOUT OF OCTOBER
2023 6-P NEWSLETTER
100240 54900 $2,275.00
CHECK TOTAL $2,275.00
10032 10/10/2023 SOCIAL VOCATIONAL SERVICES LITTER AND WEED REMOVAL (AUG)
FY23-24
100645 55528 $1,383.56
CHECK TOTAL $1,383.56
10033 10/10/2023 SOUTHERN CALIFORNIA
SHREDDING INC
9/23 SHRED EVENT 250170 55000 $1,200.00
CHECK TOTAL $1,200.00
10034 10/10/2023 STONEFIRE GRILL 12 INC SENIOR DANCE CATERING 9.28 23-24 100520 55310 $2,414.55
CHECK TOTAL $2,414.55
10035 10/10/2023 TAIT AND ASSOCIATES INC GROUNDWATER IMP PROJ - PHASE 4 -
THRU 9/30/23
301610 56105 $2,940.00
CHECK TOTAL $2,940.00
10036 10/10/2023 TASC FSA FEES 100220 52515 $130.26
CHECK TOTAL $130.26
10037 10/10/2023 TECH FOR ALL INC RECREATION WEB PAGE ACCESSIBILITY
REMEDIATION
100240 55000 $2,906.00
CHECK TOTAL $2,906.00
10038 10/10/2023 THE CITY OF DIAMOND BAR
COMMUNITY FOUNDATION
DBCF HOLIDAY GALA - COMMUNITY
SPONSOR
101110 52600 $1,500.00
CHECK TOTAL $1,500.00
10039 10/10/2023 THE COMDYN GROUP INC GIS SUPPORT - JUL - SEPT 2023 100230 54900 $5,162.95
CHECK TOTAL $5,162.95
10040 10/10/2023 THE HABIT RESTAURANTS LLC FY2023-24 PUBLIC SAFETY
APPRECIATION LUNCH
100310 51200 $1,534.69
CHECK TOTAL $1,534.69
5.2.b
Packet Pg. 29
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
10041 10/10/2023 THE SAUCE CREATIVE SERVICES
INC
YOUTH BASKETBALL BANNERS &
POSTCARDS
100520 52110 $760.58
10/10/2023 THE SAUCE CREATIVE SERVICES
INC
FLYERS FOR HALLOWEEN PARTY 2023 100520 52110 $402.55
CHECK TOTAL $1,163.13
10042 10/10/2023 TRUE NORTH RESEARCH INC COMMUNITY SURVEY 100240 54900 $29,300.00
CHECK TOTAL $29,300.00
10043 10/10/2023 ULINE INC DBC SUPPLIES 100510 51200 $587.36
CHECK TOTAL $587.36
10044 10/10/2023 UNDERGROUND SERVICE ALERT
OF SO CA
CA STATE FEE/DIGALERT - AUG 2023 100610 54900 $55.42
10/10/2023 UNDERGROUND SERVICE ALERT
OF SO CA
US DIGALERT - MONTHLY SERV\ICE -
AUG 2023
100610 54900 $234.00
CHECK TOTAL $289.42
10045 10/10/2023 US BANK CALCARD STATEMENT - SEPT 2023 999 28100 $18,906.59
CHECK TOTAL $18,906.59
10046 10/10/2023 VERIZON WIRELESS WIRELESS PHONE SERVICE - 8/17/23-
9/16/23
100230 52200 $2,069.33
CHECK TOTAL $2,069.33
10047 10/10/2023 WW GRAINGER INC VEHICLE MAINT (LIC#1407074) FY23-24 502655 52312 $808.72
10/10/2023 WW GRAINGER INC EQUIPMENT MAINT
(CITYHALL/DBC/PARKS) FY23-24
100620 51200 $128.16
10/10/2023 WW GRAINGER INC EQUIPMENT MAINT
(CITYHALL/DBC/PARKS) FY23-24
100630 51200 $128.16
10/10/2023 WW GRAINGER INC EQUIPMENT MAINT
(CITYHALL/DBC/PARKS) FY23-24
100510 52310 $256.32
10/10/2023 WW GRAINGER INC FY2023-24 AED SUPPLIES 100350 51200 $200.38
CHECK TOTAL $1,521.74
10048 10/10/2023 WANSEO CHUNG INSTRUCTOR PAYMENT - YOGA - FALL 23 100520 55320 $302.40
CHECK TOTAL $302.40
10049 10/10/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY23-24 100510 51210 $379.02
10/10/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES(HERITAGE PARK)
FY 23-24
100630 51200 $68.24
CHECK TOTAL $447.26
5.2.b
Packet Pg. 30
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
10050 10/10/2023 WEST COAST ARBORISTS INC TREE MAINTENANCE (090123-091523)
FY23-24
100645 55522 $11,285.65
CHECK TOTAL $11,285.65
10051 10/10/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - AUGUST 2023 100120 54020 $1,188.00
10/10/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - AUGUST 2023 100 22107 $184.80
10/10/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - AUGUST 2023 100 22107 $580.80
10/10/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - AUGUST 2023 100120 54020 $19,504.48
10/10/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - AUGUST 2023 100120 54020 $475.20
10/10/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - AUGUST 2023 100120 54020 $818.40
10/10/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - AUGUST 2023 100120 54020 $211.20
10/10/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - AUGUST 2023 100120 54020 $1,636.80
10/10/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - AUGUST 2023 100120 54020 $2,481.60
10/10/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - AUGUST 2023 100120 54020 $132.00
CHECK TOTAL $27,213.28
10052 10/10/2023 YOURVOLUTION SOTC INTERPRETATION SERVICES 100240 54900 $560.00
CHECK TOTAL $560.00
10053 10/10/2023 YOUTH EVOLUTION ACTIVITIES CONTRACT CLASS INSTRUCTOR-YOUTH
SPORTS
100520 55320 $850.20
CHECK TOTAL $850.20
10054 10/10/2023 YUNEX LLC TS MAINTENANCE - JUL 2023 207650 55536 $7,809.00
10/10/2023 YUNEX LLC TS MAINT - GRAND/LONGVIEW REPAIR 207650 55536 $7,895.00
10/10/2023 YUNEX LLC TS MAINT - REPLACE BBS BATTERIES (60) 207650 55536 $13,675.00
CHECK TOTAL $29,379.00
10055 10/10/2023 ZUMAR INDUSTRIES INC ROAD MAINTENANCE (STREET SIGNS)
FY23-24
100655 51250 $7,552.88
CHECK TOTAL $7,552.88
5.2.b
Packet Pg. 31
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
GRAND TOTAL $1,348,742.03
5.2.b
Packet Pg. 32
Agenda #: 5.3
Meeting Date: October 17, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve the September 2023 Treasurer’s Statement.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Consistent with City policy, the Finance Department presents the monthly Treasurer’s
Statement to the City Council for review and approval. This statement shows the cash
balances with a breakdown of various investment accounts and the yield to maturity
from investments. This statement also includes an investment portfolio management
report which details the activities of investments. All investments have been made in
accordance with the City’s Investment Policy.
PREPARED BY:
REVIEWED BY:
5.3
Packet Pg. 33
Attachments:
1. 5.3.a Treasurer's Cash Report - Sept 2023
2. 5.3.b Treasurer's Certification & Portfolio Report - Sept 2023
5.3
Packet Pg. 34
CASH & INVESTMENT BALANCES
Cash Funds
General Account $2,062,474.12
Payroll Account $0.00
Change Fund - General Fund $600.00
Petty Cash Account $500.00
Cash With Fiscal Agent (US Bank 2021 Bonds)$1,559.77
Total Cash Funds $2,065,133.89
City & LAIF Invested Funds (Book Value):
Local Agency Investment Fund $2,009,062.27
City-Managed Fixed-Income Securities (0-5 year maturity) $64,657,651.96
Total Investment Funds (Book Value)$66,666,714.23
Fiscal Year-To-Date Effective Rate of Return (City Funds & LAIF)3.64%(3 month)
Fiscal YTD Interest Earnings (City Funds & LAIF)$640,800.54 (3 month)
FY 2023-24 Budgeted Investment Earnings (City Funds & LAIF)$987,450.00 (12 months)
Invested Funds With OPEB Trust (Managed by CalPERS/State Street) $637,064.09
Historical rate of return as of 3/31/2023 (since 2016)2.92%
OPEB Trust Fiscal Year-To-Date Rate of Return -4.55%(3 month)
OPEB Trust Fiscal Year-To-Date Interest Earnings ($30,372.36)(3 month)
GRAND TOTAL - CASH & INVESTMENTS $69,368,912.21
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
AS OF SEPTEMBER 30, 2023
5.3.a
Packet Pg. 35
INVESTMENTS BOOK VALUE
PERCENT OF
PORTFOLIO TERM
DAYS TO
MATURITY
YIELD TO
MATURITY
Federal Credit Union CD $8,447,000.00 12.67%1,343 999 3.888%
Local Agency Investment Fund $2,009,062.27 3.01%1 1 3.434%
Corporate Notes $950,330.70 1.43%1,667 654 3.948%
Federal Agency Coupon Securities $14,962,220.32 22.44%899 588 4.153%
Federal Agency Discount-Amortizing $2,979,522.78 4.47%161 48 5.339%
Treasury Coupon Securities $11,952,730.18 17.93%1,116 609 2.664%
Federal Agency Callable $9,498,444.48 14.25%1,528 421 2.567%
Certificates of Deposit-Banks $3,958,749.22 5.94%1,523 705 2.146%
Municipal Bonds $2,013,806.15 3.02%1,565 1,077 3.671%
Money Market Fund $9,894,848.13 14.84%1 1 5.250%
Total Investments and Averages $66,666,714.23 100.00%959 514 3.684%
TOTAL INTEREST EARNED
I certify that this report accurately reflects all City pooled investments
Daniel Fox and is in conformity with the investment policy of the City of Diamond Bar
City Treasurer approved by City Council and on file in the City Clerk's office. The investment program
herein provides sufficient cash flow liquidity to meet the next six months estimated
expenditures.
$209,494.19 $640,800.54
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
September 30, 2023
MONTH ENDING FISCAL YEAR-TO-DATE
September 30, 2023 2023-2024
5.3.b
Packet Pg. 36
City of Diamond Bar
Portfolio Management
September 30, 2023
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA
(909)839-7053
Portfolio Summary
% of
Portfolio
Book
ValueInvestmentsMarket
Value
Par
Value
Days to
MaturityTerm
YTM/C
Federal Credit Union CD 8,447,000.00 1,34312.67 3.8889998,381,725.468,447,000.00
Local Agency Investment Funds 2,009,062.27 13.01 3.43411,978,581.782,009,062.27
Corporate Notes 950,330.70 1,6671.43 3.948654944,139.601,000,000.00
Federal Agency Coupon Securities 14,962,220.32 89922.44 4.15358814,959,099.2715,000,000.00
Federal Agency Disc. -Amortizing 2,979,522.78 1614.47 5.339482,979,522.783,000,000.00
Treasury Coupon Securities 11,952,730.18 1,11617.93 2.66460911,765,194.4412,000,000.00
Federal Agency Callable 9,498,444.48 1,52814.25 2.5674219,136,023.009,500,000.00
Certificate of Deposit 3,958,749.22 1,5235.94 2.1467053,816,473.463,959,000.00
Municipal Bonds 2,013,806.15 1,5653.02 3.6711,0771,979,110.002,145,000.00
Money Market Fund 9,894,848.13 114.84 5.25019,894,848.139,894,848.13
66,666,714.23 100.00%Investments 65,834,717.9266,954,910.40 959 514 3.684
Current Year
September 30
209,494.19
Fiscal Year To Date
640,800.54
Average Daily Balance
Effective Rate of Return
68,482,627.08 69,840,560.93
3.64%3.72%
Total Earnings Month Ending
__________________________________________________ ____________________
Jason M. Jacobsen, Finance Director
Portfolio POOL
AP
Reporting period 09/01/2023-09/30/2023
Run Date: 10/06/2023 - 11:07 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
5.3.b
Packet Pg. 37
Days to
Maturity
Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Federal Credit Union CD
295Apple Bank For Savings10443 248,000.00 248,000.00 07/22/20243.20007/22/2022 248,000.00 73103784JTK0 3.200
295Baxter Credit Union10444 248,000.00 248,000.00 07/22/20243.15007/22/2022 248,000.00 73107181JAG9 3.150
299Utah Community Fed Cr Union10454 248,000.00 248,000.00 07/26/20243.15007/27/2022 248,000.00 730917352AA4 3.150
484A+ FEDERAL CU10528 249,000.00 249,000.00 01/27/20254.70001/27/2023 249,000.00 73100224TAL0 4.700
596American Express Bank10419 246,000.00 246,000.00 05/19/20253.10005/18/2022 244,052.66 1,09702589ACS9 3.100
607US ALLIANCE FED CREDIT UNION10424 249,000.00 249,000.00 05/30/20253.10005/31/2022 246,987.08 1,09590352RCM5 3.100
645Sallie Mae Bank10461 248,000.00 248,000.00 07/07/20253.40007/06/2022 248,000.00 1,097795451BQ5 3.400
669GESA CREDIT UNION10570 248,000.00 248,000.00 07/31/20255.50007/31/2023 248,000.00 73137424PAG9 5.500
695Connexus CU10474 248,000.00 248,000.00 08/26/20253.50008/26/2022 248,000.00 1,09620825WBC3 3.500
715USF FCU10550 249,000.00 249,000.00 09/15/20255.05003/15/2023 249,000.00 91590353EBC6 5.050
726UNIVERSITY CREDIT UNION10492 249,000.00 249,000.00 09/26/20254.00009/26/2022 249,000.00 1,096914242AA0 4.000
744CHIEF FINANCIAL FCU10502 249,000.00 249,000.00 10/14/20254.60010/12/2022 249,000.00 1,09816863LAE5 4.600
754VERIDIAN CU10500 249,000.00 249,000.00 10/24/20254.50010/24/2022 249,000.00 1,09692348DAA7 4.500
849Community Commerce Bank10440 248,000.00 248,000.00 01/27/20263.05007/27/2022 248,000.00 1,28020367GBD0 3.050
849LIBERTY FIRST CU10530 249,000.00 249,000.00 01/27/20264.50001/27/2023 249,000.00 1,096530520AC9 4.500
855COCA-COLA FCU10529 249,000.00 249,000.00 02/02/20264.60001/31/2023 249,000.00 1,09819123RAA0 4.600
879GREENSTATE CREDIT UNION10255 248,000.00 248,000.00 02/26/20260.65002/26/2021 224,875.74 1,82639573LAV0 0.650
894MID CAROLINA CU10549 249,000.00 249,000.00 03/13/20264.85003/13/2023 249,000.00 1,09659524LAA4 4.850
904TECHNOLOGY CU10551 249,000.00 249,000.00 03/23/20265.00003/23/2023 249,000.00 1,09687868YAL7 5.000
1,051PIMA FEDERAL CREDIT10575 248,000.00 248,000.00 08/17/20265.30008/17/2023 248,000.00 1,096722000AC0 5.300
1,086HEALTHCARE SYSTEMS FCU10496 249,000.00 249,000.00 09/21/20263.60009/21/2022 249,000.00 1,46142228LAH4 3.600
1,109VCC BANK10499 249,000.00 249,000.00 10/14/20264.25010/14/2022 249,000.00 1,46191823MBE4 4.250
1,172America's Credit Union10402 248,000.00 248,000.00 12/16/20261.35012/16/2021 227,139.23 1,82606251A3K4 1.350
1,219State Bank of India10410 248,000.00 248,000.00 02/01/20271.75001/31/2022 230,670.75 1,827856285E98 1.750
1,390Toyota Financial SGS Bank10442 248,000.00 248,000.00 07/22/20273.40007/22/2022 248,000.00 1,82689235MNT4 3.400
1,395Capital One Bank USA10453 248,000.00 248,000.00 07/27/20273.50007/27/2022 248,000.00 1,82614042THZ3 3.500
1,445LUMINATE BANK10487 249,000.00 249,000.00 09/15/20273.40009/15/2022 249,000.00 1,82655026MAE5 3.400
1,451AUSTIN TELCO FCU10495 249,000.00 249,000.00 09/21/20273.80009/21/2022 249,000.00 1,826052392BT3 3.800
1,460JEANNE D'ARC CREDIT UNION10491 249,000.00 249,000.00 09/30/20273.80009/30/2022 249,000.00 1,826472207AE9 3.800
1,460BANK OF THE VALLEY NE10494 249,000.00 249,000.00 09/30/20274.10009/30/2022 249,000.00 1,82606543PDA0 4.100
1,620Alaska USA FCU10547 249,000.00 249,000.00 03/08/20284.60003/08/2023 249,000.00 1,827011852AE0 4.600
1,760TTCU FED CU10564 248,000.00 248,000.00 07/26/20285.00007/26/2023 248,000.00 1,82789854LAD5 5.000
1,793LINCOLN PARK COMMUNITY BANK10571 248,000.00 248,000.00 08/28/20285.00008/28/2023 248,000.00 1,827534574AC2 5.000
1,804PINAL COUNTY FED CU10578 248,000.00 248,000.00 09/08/20285.70009/08/2023 248,000.00 1,82772221MAA1 5.700
8,447,000.00 1,3438,381,725.468,447,000.008,380,866.67Subtotal and Average 999 3.888
Portfolio POOL
AP
Run Date: 10/06/2023 - 11:07 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1
5.3.b
Packet Pg. 38
Days to
Maturity
Page 2
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Local Agency Investment Funds
1Local Agency Investment Fund10028 2,009,062.27 2,009,062.27 3.4341,978,581.78 1LAIF 3.434
2,009,062.27 11,978,581.782,009,062.272,009,062.27Subtotal and Average 1 3.434
Corporate Notes
17Toyota MTR Credit Corp10223 500,000.00 499,835.60 10/18/20232.25002/28/2019 493,644.50 1,69389236TDK8 3.001
1,360Bank of America Corp.10515 500,000.00 450,495.10 06/22/20272.00012/27/2022 450,495.10 1,63806048WR36 5.000
950,330.70 1,667944,139.601,000,000.00949,655.18Subtotal and Average 654 3.948
Federal Agency Coupon Securities
57Federal National Mtg Assn10565 2,000,000.00 1,984,236.00 11/27/20230.25007/27/2023 1,984,236.00 1233135G06H1 5.406
68Federal Home Loan Bank10573 1,000,000.00 996,248.00 12/08/20233.37508/03/2023 996,248.00 1273130A0F70 5.401
143Federal Home Loan Bank10534 500,000.00 499,806.96 02/21/20245.00002/22/2023 499,806.96 3643130AV2E1 5.103
150Federal Home Loan Bank10416 2,000,000.00 1,998,263.31 02/28/20242.12503/29/2022 1,974,200.00 7013130ARHG9 2.344
271Federal Home Loan Bank10460 1,000,000.00 997,499.23 06/28/20242.75007/08/2022 997,499.23 7213130ASDS5 3.099
348Federal Home Loan Bank10483 750,000.00 745,919.81 09/13/20243.50009/22/2022 745,919.81 7223130AT6G7 4.100
348Federal Home Loan Bank10533 750,000.00 748,754.53 09/13/20244.87502/22/2023 748,754.53 5693130ATVD6 5.058
509Federal Farm Credit Bank10543 500,000.00 498,760.56 02/21/20254.75003/01/2023 498,760.56 7233133EPBH7 4.939
628Federal Farm Credit Bank10458 500,000.00 501,616.76 06/20/20253.37507/11/2022 501,616.76 1,0753133ENZG8 3.176
894Federal Home Loan Bank10537 500,000.00 497,230.87 03/13/20264.37502/27/2023 497,230.87 1,110313373B68 4.619
80Federal Home Loan Mtg Corp10542 500,000.00 500,000.00 03/20/20265.82003/20/2023 500,000.00 1,0963134GYMT6 5.820
985Federal Home Loan Bank10447 1,000,000.00 1,005,878.56 06/12/20263.37507/18/2022 1,005,878.56 1,4253130ASJ59 3.141
1,020Federal Farm Credit Bank10572 1,000,000.00 999,055.40 07/17/20264.62508/02/2023 999,055.40 1,0803133EPQC2 4.661
1,348INTER-AMERICAN DEV. BANK10498 500,000.00 490,711.79 06/10/20272.98009/13/2022 490,711.79 1,73145818WED4 3.902
1,349Federal Home Loan Bank10432 1,000,000.00 999,325.74 06/11/20273.50006/16/2022 1,020,268.00 1,8213130ASGU7 3.520
1,522Federal Farm Credit Bank10545 1,000,000.00 994,745.61 12/01/20274.12503/01/2023 994,745.61 1,7363133EPCG8 4.267
1,713Federal Home Loan Bank10563 500,000.00 504,167.19 06/09/20284.37507/21/2023 504,167.19 1,7853130AWMN7 4.177
14,962,220.32 89914,959,099.2715,000,000.0014,956,680.57Subtotal and Average 588 4.153
Federal Agency Disc. -Amortizing
22Federal Home Loan Bank10577 1,000,000.00 996,785.56 10/23/20235.26008/01/2023 996,785.56 83313384NH8 5.399
50Federal Home Loan Bank10535 1,000,000.00 993,111.11 11/20/20234.96002/24/2023 993,111.11 269313384PM5 5.179
71Federal Home Loan Bank10576 1,000,000.00 989,626.11 12/11/20235.26008/01/2023 989,626.11 132313384QJ1 5.438
2,979,522.78 1612,979,522.783,000,000.003,905,520.49Subtotal and Average 48 5.339
Treasury Coupon Securities
227U.S. Treasury10417 2,000,000.00 1,997,355.19 05/15/20242.50004/25/2022 1,983,672.00 751912828WJ5 2.720
273U.S. Treasury10435 1,000,000.00 989,435.87 06/30/20241.75006/14/2022 976,875.00 7479128286Z8 3.222
304U.S. Treasury10434 1,000,000.00 992,123.72 07/31/20241.75006/08/2022 975,742.00 784912828Y87 2.730
Portfolio POOL
AP
Run Date: 10/06/2023 - 11:07 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 39
Days to
Maturity
Page 3
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Treasury Coupon Securities
531U.S. Treasury10415 3,000,000.00 2,977,372.16 03/15/20251.75003/22/2022 2,903,439.00 1,08991282CED9 2.290
623U.S. Treasury10459 1,000,000.00 997,142.29 06/15/20252.87507/08/2022 997,142.29 1,07391282CEU1 3.051
730U.S. Treasury10456 1,000,000.00 996,995.81 09/30/20253.00007/11/2022 996,995.81 1,1779128285C0 3.158
761U.S. Treasury10445 1,000,000.00 997,524.85 10/31/20253.00007/18/2022 997,524.85 1,2019128285J5 3.125
1,187U.S. Treasury10403 1,000,000.00 996,640.80 12/31/20261.25001/04/2022 925,664.00 1,82291282CDQ1 1.357
1,368U.S. Treasury10436 1,000,000.00 1,008,139.49 06/30/20273.25007/14/2022 1,008,139.49 1,81291282CEW7 3.014
11,952,730.18 1,11611,765,194.4412,000,000.0012,916,586.77Subtotal and Average 609 2.664
Federal Agency Callable
145Federal Home Loan Bank10428 1,000,000.00 1,000,000.00 02/23/20243.00005/23/2022 994,442.00 6413130ARYU9 3.000
88Federal Home Loan Mtg Corp10433 750,000.00 748,804.06 06/28/20243.12506/28/2022 749,124.00 7313134GXYM0 3.422
25Federal Home Loan Mtg Corp10527 500,000.00 500,000.00 07/26/20245.02001/26/2023 500,000.00 5473134GYE57 5.020
561Federal Farm Credit Bank10259 500,000.00 500,000.00 04/14/20250.69004/14/2021 468,659.00 1,4613133EMVS8 0.690
54Federal Home Loan Bank10254 500,000.00 499,640.42 02/24/20260.62502/24/2021 460,993.50 1,8263130AL7M0 0.676
884Federal Farm Credit Bank10258 500,000.00 500,000.00 03/03/20260.79003/03/2021 463,515.50 1,8263133EMSH6 0.790
102Federal Farm Credit Bank10397 1,000,000.00 1,000,000.00 01/11/20271.47001/11/2022 933,642.00 1,8263133ENKG4 1.470
1,213Federal Farm Credit Bank10405 1,500,000.00 1,500,000.00 01/26/20271.84001/26/2022 1,417,582.50 1,8263133ENMA5 1.840
27Federal Home Loan Bank10406 1,500,000.00 1,500,000.00 01/28/20271.70001/28/2022 1,398,064.50 1,8263130AQKJ1 1.700
1,422Federal Farm Credit Bank10475 500,000.00 500,000.00 08/23/20274.03008/23/2022 500,000.00 1,8263133ENH52 4.030
456Federal Home Loan Bank10513 750,000.00 750,000.00 12/30/20274.55012/30/2022 750,000.00 1,8263130AUDL5 4.550
26Federal Home Loan Mtg Corp10566 500,000.00 500,000.00 07/27/20286.05007/31/2023 500,000.00 1,8233134GYXY3 6.050
9,498,444.48 1,5289,136,023.009,500,000.009,498,373.49Subtotal and Average 421 2.567
Certificate of Deposit
180Deleware Police Fed Credit Uni10451 246,000.00 245,749.22 03/29/20243.00007/20/2022 245,749.22 618246399AB5 3.210
214Morgan Stanley Bank10226 246,000.00 246,000.00 05/02/20242.75005/02/2019 243,893.01 1,82761760AZR3 2.753
311EnerBank USA10230 247,000.00 247,000.00 08/07/20242.15008/07/2019 241,213.04 1,82729278TKJ8 2.152
327Raymond James Bank NA10233 247,000.00 247,000.00 08/23/20242.00008/23/2019 240,310.01 1,82775472RAE1 2.002
596Capital One Bank10429 248,000.00 248,000.00 05/19/20253.10005/18/2022 246,036.83 1,09714042RRH6 3.100
597Synchrony Bank10430 248,000.00 248,000.00 05/20/20253.10005/20/2022 246,033.11 1,09687165GR79 3.100
240JP Morgan Chase10250 248,000.00 248,000.00 05/28/20251.00005/28/2020 231,727.23 1,82648128UDS5 1.001
610Discover Bank10431 246,000.00 246,000.00 06/02/20253.10006/01/2022 244,005.19 1,097254673F68 3.100
646Meritrust Fed CU10457 248,000.00 248,000.00 07/08/20253.35007/08/2022 248,000.00 1,09659001PAS8 3.350
886BANK UNITED NA10256 248,000.00 248,000.00 03/05/20260.65003/05/2021 224,768.35 1,826066519QK8 0.000
892Pathfinder Bank10257 249,000.00 249,000.00 03/11/20260.70003/11/2021 225,981.94 1,82670320KAX9 0.000
904Pentagon Federal Credit Union10414 248,000.00 248,000.00 03/23/20261.80003/22/2022 234,447.30 1,46270962LBH4 1.800
1,073Goldman Sachs Bank10260 248,000.00 248,000.00 09/08/20261.05009/08/2021 225,703.81 1,82638149MZJ5 1.051
1,074UBS Bank USA10261 248,000.00 248,000.00 09/09/20260.95009/09/2021 224,604.42 1,82690348JS92 0.000
Portfolio POOL
AP
Run Date: 10/06/2023 - 11:07 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 40
Days to
Maturity
Page 4
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Certificate of Deposit
1,326Cy Fair FCU10555 249,000.00 249,000.00 05/19/20274.35005/19/2023 249,000.00 1,46123288UAA5 4.355
1,395Third Fed Savings & Loan10455 245,000.00 245,000.00 07/27/20273.40007/27/2022 245,000.00 1,82688413QDM7 3.402
3,958,749.22 1,5233,816,473.463,959,000.003,958,729.02Subtotal and Average 705 2.146
Municipal Bonds
244CALIF STATE HLTH FACS AUTH10252 200,000.00 200,000.00 06/01/20240.75211/04/2020 189,923.60 1,30513032UXL7 0.752
397California St Univ Rev-Bond10251 100,000.00 100,000.00 11/01/20240.68509/17/2020 93,759.00 1,50613077DMK5 0.685
609CALIF STATE HLTH FACS AUTH10253 250,000.00 250,000.00 06/01/20250.95211/04/2020 231,621.25 1,67013032UXM5 0.952
1,035LOS ANGELES CA CMNTY CLG DIST10523 365,000.00 331,785.40 08/01/20261.17401/05/2023 331,785.40 1,30454438CYL0 4.700
1,400POWAY UNIFIED SCHOOL DIST10522 1,230,000.00 1,132,020.75 08/01/20272.41401/04/2023 1,132,020.75 1,670738850TA4 4.750
2,013,806.15 1,5651,979,110.002,145,000.002,012,304.49Subtotal and Average 1,077 3.671
Wells Fargo Sweep Account
1Wells Fargo10036 0.00 0.00 0.01007/01/2012 0.00 1SWEEP 0.010
0.00 00.000.000.00Subtotal and Average 0 0.000
Money Market Fund
1State Street Advisors10562 9,894,848.13 9,894,848.13 5.25005/31/2023 9,894,848.13 1857492888 5.250
1Western Asset10561 0.00 0.00 5.15005/25/2023 0.00 152470G882 5.150
9,894,848.13 19,894,848.139,894,848.139,894,848.13Subtotal and Average 1 5.250
95968,482,627.08 66,954,910.40 514 3.68465,834,717.92 66,666,714.23Total and Average
Portfolio POOL
AP
Run Date: 10/06/2023 - 11:07 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 41
Days to
Maturity
Page 5
Par Value Book Value
Stated
RateMarket Value
September 30, 2023
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
0.00
95968,482,627.08 66,954,910.40 514 3.684
0 0Average Balance
65,834,717.92 66,666,714.23Total Cash and Investments
Portfolio POOL
AP
Run Date: 10/06/2023 - 11:07 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 42
Page 1
Stated
Rate
Transaction
Date
September 1, 2023 through September 30, 2023
Activity By Type
Balance
Portfolio Management
City of Diamond Bar
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Federal Credit Union CD
PINAL COUNTY FED CU10578 248,000.005.700 09/08/2023 0.0072221MAA1
0.00 8,447,000.00Subtotal248,000.00
Local Agency Investment Funds (Monthly Summary)
2,009,062.27Subtotal
Corporate Notes
950,330.70Subtotal
Federal Agency Coupon Securities
14,962,220.32Subtotal
Federal Agency Disc. -Amortizing
Federal Home Loan Bank10526 0.004.675 09/25/2023 750,000.00313384MD8 **
Federal Home Loan Bank10536 0.004.910 09/11/2023 1,000,000.00313384LP2 **
1,750,000.00 2,979,522.78Subtotal0.00
Treasury Coupon Securities
U.S. Treasury10482 0.001.375 09/30/2023 1,000,000.00912828T26 **
1,000,000.00 11,952,730.18Subtotal0.00
Federal Agency Callable
9,498,444.48Subtotal
Certificate of Deposit
3,958,749.22Subtotal
Municipal Bonds
2,013,806.15Subtotal
Wells Fargo Sweep Account
0.00Subtotal
Money Market Fund
State Street Advisors10562 39,685.105.250 0.00857492888
0.00 9,894,848.13Subtotal39,685.10
Portfolio POOL
AP
Run Date: 10/06/2023 - 11:07 PM (PRF_PM3) 7.3.0
** - Indicates incomplete recording of maturity redemption.
Report Ver. 7.3.6.1
5.3.b
Packet Pg. 43
Page 2
Stated
Rate
Transaction
Date
September 1, 2023 through September 30, 2023
Activity By Type
Balance
Portfolio Management
City of Diamond Bar
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
66,666,714.23Total2,750,000.00287,685.10
Portfolio POOL
AP
Run Date: 10/06/2023 - 11:07 PM (PRF_PM3) 7.3.0
5.3.b
Packet Pg. 44
Agenda #: 5.4
Meeting Date: October 17, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: REVISING THE NAME AND SCOPE OF THE COUNCIL HANDBOOK
REVIEW SUBCOMMITTEE TO THE COUNCIL POLICY REVIEW
SUBCOMMITTEE.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
That the City Council revise the name and scope of the Council Handbook Review
Subcommittee to the Council Policy Review Subcommittee.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Over the years, the City Council has adopted various Council Policies, many dating
back to early cityhood. These policies also require periodic review and updating. In
February of 2019, the City Council established a Council Handbook Review
Subcommittee. The City Council Handbook was created by staff to primarily provide
new City Council Members with information on the roles and responsibilities of a
Council Member. It also references various Council policies, procedures and state law
that govern meetings, and provides an overview of City departments and operations.
The Handbook was last updated in 2022.
The proposed revisions would rename the Subcommittee from the Council Handbook
Review Subcommittee to the Council Policy Review Subcommittee, and expand its
scope to include as-needed review of all Council Policies, not just those referenced in
the City Council Handbook. This would provide a more coordinated approach to
reviewing and potentially updating Council policies on an as -needed basis, and avoids
the need to establish an individual ad-hoc committee with a single purpose. Any
recommendations for revisions that may result from the work efforts of the
5.4
Packet Pg. 45
Subcommittee would be presented for consideration and adoption at a meeting by the
full City Council.
Mayor Pro Tem Liu and Council Member Low are currently appointed to the Council
Handbook Review Subcommittee. Should the City Council approve the changes, the
current appointments could remain through the balance of their term. Following the
Council reorganization in December, the new mayor will have the opportunity to make
new committee assignments at that time.
PREPARED BY:
REVIEWED BY:
5.4
Packet Pg. 46
Agenda #: 7.1
Meeting Date: October 17, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: NEW ZERO-BAIL SCHEDULE FOR LOS ANGELES COUNTY.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Discuss and provide direction as deemed appropriate.
FINANCIAL IMPACT:
None.
BACKGROUND:
On October 1, 2023, a new bail schedule (zero-bail schedule) went into effect in Los
Angeles County that eliminated the bail requirements prior to arraignment for many non -
serious or non-violent felonies and misdemeanors. The new process will result in a
person being cited/booked, then released without the need to post bail prior to
arraignment for such offenses. Persons who commit serious or violent offenses remain
eligible to post bail prior to arraignment. All release conditions of an arrestee may be
reconsidered at the time of arraignment.
As the Council is aware, Diamond Bar contracts with the Los Angeles County Sheriff’s
Department to provide law enforcement services. The bail schedule applie s to all cities
and unincorporated areas within the Los Angeles County regardless of who provides
law enforcement services.
On September 29, 2023, the City of Whittier, along with 11 other LA county cities filed a
lawsuit seeking an injunction on the implementation of the new bail schedule. These
cities include the cities of Artesia, Covina, Downey, Glendora, Lakewood, Santa Fe
Springs, Palmdale, Arcadia, Industry, Vernon, and La Verne, most of which have their
own independent Police Departments (Attachment 4).
7.1
Packet Pg. 47
On September 28, the Los Angels County Division of the League of California cities
submitted a letter asking the court to suspend implementation of the new zero -bail
schedule and evaluate the potential impact and collaborate with the Los Angeles
County cities and law enforcement agencies throughout the Los Angeles County
(Attachment 2). Presiding Judge Samantha Jessner responded to the Leagues’
correspondence on October 10, 2023, explaining in more detail the purpose and intent
of bail in the pre-arraignment setting, the efforts to develop a bail schedule in response
to pending litigation, and offers to provide law enforcement agencies training in working
under the new system (Attachment 3).
At the October 3, 2023 meeting, Mayor Chou, with the concurrence of the Council
(Council Members Low and Tye were absent) requested staff to agendize the matter for
discussion and possible action. At the time of th is report preparation, there is no
updated information as to the status of the lawsuit.
DISCUSSION:
Legislative Platform:
The City Council has established a Legislative Platform that sets priorities for taking
positions on Legislation. The priorities related to Public Safety include:
a. Support legislation that enhances local crime prevention and reduction efforts,
particularly for those related to violent and property crimes and sales or
manufacturing of illegal drugs.
b. Support legislation that addresses statewide increases directly related to
realignment and early release initiatives.
c. Support legislation that strengthens consequences for those convicted of
burglary, larceny theft, and vandalism of public property.
While the new zero-bail schedule is not legislation, it does make revisions to the
established criminal law system applicable to Diamond Bar that could be considered to
be in conflict with these priorities. The Council always has the discretion to
communicate concerns on matters that directly impact the City of Diamond Bar.
At this time neither the Los Angeles County Board of Supervisors or Sheriff Robert Luna
has taken a position to challenge or oppose the matter. It is our understanding that the
Sheriff’s Department is working with the courts and District Attorney to understand and
work most effectively within the new system to continue to protect the communities they
serve. It is also our understanding that the California Contract Cities Association has
not taken a position on the matter and will also be working to coordinate efforts with the
Los Angeles County Sheriff’s Department.
Options:
Options that are available to the Council include:
7.1
Packet Pg. 48
a. Take no action at this time and continue to monitor the matter.
b. Submit correspondence from the City Council to the Los Angeles County
Superior Court expressing concerns regarding the new zero-bail schedule and
requesting additional review and reconsideration (Draft Letter Attachment 1).
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.1.a DiamondBar PARP 10-17-2023
2. 7.1.b LACD PARP Letter 9.28.23
3. 7.1.c 2023-10-10 Response Letter from PJ Samantha Jessner re PARP to
LACD Cal Cities
4. 7.1.d Petition for Writ of Mandate
7.1
Packet Pg. 49
City of Diamond Bar
21810 Copley Drive | Diamond Bar, CA 91765-4178
(909) 839-7000 | Fax (909) 861-3117
www.DiamondBarCA.gov
Andrew Chou
Mayor
District 3
Stan Liu
Mayor Pro Tem
At Large
Ruth M. Low
Council Member
At Large
Chia Yu Teng
Council Member
District 4
Steve Tye
Council Member
District 1
October 17, 2023
The Honorable Samantha P. Jessner
Presiding Judge
Los Angeles County Superior Court
Stanley Mosk Courthouse
111 N. Hill Street
Los Angeles, CA 90012
RE: REQUEST TO SUSPEND IMPLEMENTATION OF PRE-ARRAIGNMENT RELEASE PROTOCOLS
(PARP)
Dear Honorable Presiding Judge Jessner:
On behalf of the City of Diamond Bar, we respectfully request that the Court suspend the
implementation of the Pre-Arraignment Release Protocols (PARP) that went into effect on
October 1, 2023, and restore the previous presumptive bail schedule for felonies and
misdemeanors.
As elected officials and a City that contracts with the Los Angeles County Sheriff’s
Department to provide law enforcement services, we are deeply concerned about the
public safety impacts that the recently enacted PARP will have in our community and the
County as a whole.
In Diamond Bar, like much of Los Angeles County, our citizens have been increasingly
voicing concerns for their safety based on the increases in crime they are experiencing,
including assaultive crimes, organized and brazen retail theft, home invasion robberies
and other property-crimes that truly impact our residents and businesses. The PARP was
initially proposed on September 12, 2023 and scheduled for implementation on October
1, 2023, without any public input or coordination with any of the 88 Los Angeles County
cities or public safety agencies which it impacts. The proposed PARP further erodes public
confidence in the legal system and continues to reward and encourage criminal activity
with little or no consequence to those that are engaging in such activity.
The City of Diamond Bar fully supports a criminal justice system that is balance. We urge
you to reconsider the new PARP system and engage with the public safety partners across
7.1.a
Packet Pg. 50
The Honorable Samantha P. Jessner, Presiding Judge
Request to Suspend Pre-Arraignment Release Protocols
October 17, 2023
Page 2
LA County to develop a system that is appropriate and fair, but does not reward or
encourage criminal activity.
Sincerely,
Andrew Chou Stan Liu
Mayor Mayor Pro Tem
Ruth M. Low Chia Yu Teng Steve Tye
Council Member Council Member Council Member
Cc: League of California Cities, Los Angeles County Division
California Contract Cities Association
Los Angeles Board of Supervisors Hilda L. Solis
Los Angeles County Sheriff Robert G. Luna
7.1.a
Packet Pg. 51
2023-2024
BOARD OF DIRECTORS
President
Beatriz (Bea) Dieringer
Rolling Hills
Vice President
Ariel Pe
Lakewood
Secretary/Treasurer
Michael Cao
Arcadia
State League Director
James R. Bozajian
Calabasas
Immediate Past President
Andrew Chou
Diamond Bar
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
September 28, 2023
The Honorable Samantha P. Jessner
Presiding Judge
Los Angeles County Superior Court
Stanley Mosk Courthouse
111 N. Hill Street
Los Angeles, CA 90012
RE: Request to Suspend October 1 implementation of Pre-Arraignment
Release Protocols (PARP)
Dear Honorable Presiding Judge Jessner:
On behalf of the Los Angeles County Division of the League of California
Cities (Division), representing 86 cities in the county, we strongly urge the
Court to suspend the October 1, 2023 implementation of the Pre-
Arraignment Release Protocols (PARP). We request that the Court retain
the current presumptive bail schedule for felonies and misdemeanors,
under which indigent defendants may request bail reductions from the
Court when appropriate pursuant to existing law.
As elected officials, representing cities with independent police
departments and those with Los Angeles Sheriff Department contracts, we
have deep concerns regarding the public safety impacts that the new
PARP will have in our communities. These new protocols represent a
substantial change for all law enforcement agencies in Los Angeles
County; these protocols will increase their already burdened workload and
significantly hinder their ability to protect our residents within Los Angeles
County.
Throughout Los Angeles County, our citizens have been increasingly
voicing their serious concerns for their safety, based on the rise in crimes
they are experiencing, including assaultive crimes, organized retail theft
and other property-related crimes that impact our residents and
businesses the most. It is difficult for our residents to trust the criminal justice
system when the list of crimes in our county that are no longer being
7.1.b
Packet Pg. 52
prosecuted vigorously, or at all, continues to grow. The Court’s proposed zero bail
schedule (PARP) further erodes this public trust and the public’s sense of community
security.
The Court’s proposal mandates the release without presumptive bail for most arrestees
following their arrest. This PARP proposal was announced and scheduled for speedy
implementation without a Court solicitation of community input and without sufficient
consideration of the impact that this new policy would have on those affected by it.
The latest version of the Court’s new bail schedules was issued on September 12, 2023
with an effective date, 19 days later, on October 1, 2023. Based on comments made
at the September 26th Board of Supervisors’ hearing on this issue, it appears that many
are still confused regarding how this new PARP plan will work; it also appears that
affected agencies, such as the Sheriff’s Department, other police agencies and the
District Attorney’s Office, will not be as prepared as they should be before these major
bail changes are implemented. The Court appears to recognize this problem, as it has
issued a new eight-page FAQ, explaining its PARP, on September 26, 2023, only four
days before its scheduled implementation. At the very least, this PARP should not go
into effect until all the Court’s justice partners fully understand and are sufficiently
prepared to perform all their duties required by this new bail plan.
The Court’s current bail schedule, which has been in effect for decades, if not longer,
lists a presumptive bail amount for each criminal offense. Such bail is legally required
by the California Constitution, Article 1, Section 12, to ensure that the arrestee who
posts such bail will attend his court appearances and not endanger public safety if
released. Under the Court’s proposed PARP, most crimes listed in the revised bail
schedules do not provide for presumptive bail or a magistrate review prior to the
required release of an arrestee.
There are many circumstances, however, in which releasing an arrestee for one of
these offenses, without requiring appropriate monetary bail, would endanger a crime
victim or members of the public. To obtain a court hearing to request approval of bail
for these offenses, however, the Court’s PARP requires law enforcement agencies,
within two hours of an arrestee’s booking, to make a written application to the Court
for a bail deviation, with reasons, pursuant to Penal Code Section 1269c. This Section
only applies to “a bailable felony or for the misdemeanor offense of violating a
restraining order” and specifies no time period within which a bail deviation request
must be made. The Court’s PARP places an undue burden on police agencies who
are busily preparing police reports and continuing to further investigate after an
arrestee is booked for one or more crimes so that they can present the case to the
prosecutor for filing within the statutorily required 48 hours after the arrest.
7.1.b
Packet Pg. 53
We recognize the Court’s responsibility to preserve the constitutional rights for all.
However, we strongly believe that the Court’s bail system for offenses should be a
presumptive bail system, as exists currently, which assigns a presumptive amount for
each offense based on the nature and severity of the offense and incorporates
amounts for additional factors such as offender history, number of crimes charged,
and public safety risks. Under current law, except for capital offenses, a defendant is
entitled to request a speedy court hearing to request a lower bail amount than the
presumptive amount; the court is authorized to lower the defendant’s bail or even
provide him with a release on his promise to appear when it is legally appropriate to
do so. This system provides for a fair hearing for both sides.
There is no reason to implement this new plan without full public input and on an
expedited basis. The court should provide everyone who may be affected by it an
opportunity to be heard and be willing to change this plan based on that input. Even
if the Court is unwilling to modify its plan, there is no reason for the Court not to permit
its justice partners to fully prepare for its implementation.
We believe strongly that the scales of justice within our criminal system must be
balanced. However, the implementation of the PARP tips these scales too far in the
direction of endangering public safety in our communities. We urge your delay in the
implementation of the Court’s new bail protocols and request reconsideration of these
bail protocols.
Sincerely,
Beatriz (Bea) Dieringer
President, Los Angeles County Division, League of California Cities
7.1.b
Packet Pg. 54
Beatriz Dieringer, President
Los Angeles County Division
League of California Cities
1400 K. Street, Suite 400
Sacramento, CA 95814
STANLEY MOSK COURTHOUSE
111 NORTH HILL STREET
LOS ANGELES, CALIFORNIA 90012
CHAMBERS OF
SAMANTHA P. JESSNER
PRESIDING JUDGE
October 10, 2023
Re: Pre-Arraignment Release Protocol
Dear Ms. Dieringer:
Thank you for your letter dated September 28, 2023, sent on behalf of the Los Angeles
County Division of the League of California Cities. In the letter, you asked that the Court suspend
TELEPHONE
(213) 633-0400
the implementation of its Pre-Arraignment Release Protocol (PARP) and retain the current bail
schedule. In addition, you assert that elected officials in Los Angeles County have "deep concerns
regarding the public safety impacts" that the revised bail schedule will have on our community. You
claim that the public's trust in the criminal justice system is declining based on the perception that
crimes affecting residents and businesses, such as assaults and organized retail thefts, are not being
prosecuted vigorously or at all. In that context, you argue that adopting a zero-money bail schedule
further erodes the public's trust in the criminal justice system. Finally, you further claim that the
new protocols represent a substantial change for law enforcement agencies (LEA) and increase their
workloads.
We greatly appreciate you taking the time to share your concerns. As leaders and as public
officials, we have a shared interest in safeguarding the well-being of the community we serve, and
indeed, we are all bound by the same state and federal Constitutions. Furthermore, I want to assure
you that the Court is committed to fulfilling its role in adjudicating cases in a timely, impartial
manner that upholds the law, protects public safety, and affords every person arrested their due
process rights. In democracies like ours, criminal justice issues are frequently portrayed as a contest
between public safety and civil liberties. As a member of the judicial branch, the California Code of
Judicial Ethics requires that I remain, "faithful to the law regardless of partisan interests, public
clamor, or fear of criticism ... " As the elected leader of the Court, I am tasked with chairing the
Executive Committee. Among one of its many duties, the Local Rules require that the Executive
Committee promulgate a bail schedule. In our court, the Bail Committee recommends a bail
schedule to the Executive Committee who, in turn, must consider and determine whether to adopt
it. The Court faithfully followed that process when it promulgated the PARP that went into effect on
7.1.c
Packet Pg. 55
Beatriz Dieringer, President
Los Angeles County Division | League of California Cities
October 10, 2023
Page -2-
October 1, 2023.1 We continue to monitor and assess its impact and effectiveness and will adjust it
as necessary. However, there are presently no plans to rescind it.
Impact on Public Safety
Among the benefits of robust public discourse about bail policies is the opportunity for all of
us to remind ourselves and the public of the purpose of bail. As you know, bail is intended to ensure
the safety of the public and victim and the arrestee’s future appearance in court; it is not intended
to punish or detain arrested persons prior to arraignment given the foundational constitutional
principle that a person is presumed innocent until proven guilty beyond a reasonable doubt.
Moreover, our reviewing courts have clearly defined when pre-trial arrestees may be detained prior
to trial. PARP aligns the Court’s bail schedules with the law, and research findings that pretrial
systems that determine release status based exclusively on financial resources of the accused are
inherently unsafe and unfair. See, e.g., (https://www.courts.ca.gov/documents/PDRReport-
20171023.pdf).
Consideration of the risks to public safety and to the victim are the cornerstones of the law
and PARP. For those offenses designated MR (Magistrate Review), judges will make individualized
determinations whether there are nonfinancial conditions of release that will ensure that the
person arrested returns to court and does not present a risk to the public or to the victim. For those
offenses designated CR (Cite and Release) and BR (Book and Release), LEAs and justice partners may
alert judicial officers about the particular risks the arrested person presents to the public or to the
victim by requesting MR under bail deviation as provided in Penal Code section 1269c.
To be clear, the same considerations regarding likelihood to return to court and threats to
public safety are entirely absent under monetary bail schedules where arrestees who pose a threat
to public safety can secure their release by posting the pre-determined money bail amount.2 Of
equal concern is the fact that many arrestees who pose no risk to the community remain in jail
based solely on their inability to post money bail. PARP addresses this fundamental inequality of
traditional monetary bail schedules and enhances public safety by providing individualized risk
1 In your letter, you state, “The Court’s proposal mandates the release without presumptive bail for most arrestees
following their arrest.” This is not an accurate statement. PARP applies only to non-serious, non-violent felonies
and misdemeanors. As you know, the law requires the setting of monetary bail for serious and violent felonies.
Penal Code, § 1270.1. Unless and until the Legislature changes this and related statutes, PARP will be limited to
non-serious, non-violent felonies and misdemeanors. It is incumbent upon leaders in the community to accurately
describe the parameters of PARP.
2 See, e.g., https://thehill.com/homenews/state-watch/4240296-man-returns-to-wisconsin-capitol-with-assault-
rifle-after-posting-bail-for-handgun-violation-
official/#:~:text=State%20Watch-,Man%20returns%20to%20Wisconsin%20Capitol%20with%20assault%20rifle,bail
%20for%20handgun%20violation%3A%20official&text=A%20man%20who%20was%20arrested,assault%20rifle%20
after%20posting%20bail [Wisconsin man who was arrested in the Wisconsin Capitol after being released on bail
and then returning to the capitol with an assault rifle].
7.1.c
Packet Pg. 56
Beatriz Dieringer, President
Los Angeles County Division | League of California Cities
October 10, 2023
Page -3-
assessments for more serious offenses within the category of crimes applicable to the new
protocol.
Impact on LEA Workloads
You express concerns that LEAs will be unduly burdened and their ability to protect their
residents hindered by the requirement that bail deviation requests be made within two hours of
booking. You explain that during this time, LEAs are “busily preparing police reports and continuing
to further investigate after an arrestee is booked for one or more crimes so that they can present
the case to the prosecutor for filing within the statutorily required 48 hours after arrest.”
In designating many offenses as CR and BR, individuals who generally would not present a
risk to the community by nature of their alleged offense are presumptively released. Under the
traditional monetary bail schedules, however, these same individuals may have remained in
custody solely because they could not afford to post bail. Thus, LEAs were required to spend their
limited resources presenting these cases to local prosecutors within the statutorily required 48
hours. PARP will enable LEAs to allocate their resources more effectively and focus on the cases that
present a risk to the community.
Consideration of Community Input & LEA Preparedness
Finally, you assert that there is no reason why PARP has been implemented on an expedited
basis, requesting that the Court consider community input and the impacts on affected
organizations. You request that PARP be suspended “until all the Court’s justice partners fully
understand and are sufficiently prepared to perform all their duties required by this new bail plan.”
PARP builds on the Court’s productive and collaborative working relationships with
members of the criminal justice community. Since 2020, the Court has modified and refined its pre-
arraignment process, including adopting the Pretrial Risk Evaluation Program, to which LEAs have
access and have been trained to use, and which continues to be used notwithstanding the
implementation of new bail schedules. The entire criminal justice community was forced to adapt
to the emergency bail schedules during the pandemic and did so smoothly and without incident,
given the circumstances.
The pace at which PARP was developed and implemented was due, in part, to pending
litigation (Urquidi v. City of Los Angeles, LASC Case No. 22STCP04044) against the two largest LEAs in
the county, the Los Angeles County Sheriff’s Department (LASD) and the Los Angeles Police
Department (LAPD). By an order dated May 16, 2023, and effective May 24, 2023, LASD and LAPD
were required to apply the emergency bail schedules which the Court adopted during the COVID-19
pandemic and rescinded on June 30, 2022. Effective August 17, 2023, and with certain exceptions,
LASD and LAPD would have then been enjoined from applying or enforcing any bail schedules that
had monetary amounts for non-serious, non-violent felonies and misdemeanors. This resulted in
7.1.c
Packet Pg. 57
Beatriz Dieringer, President
Los Angeles County Division | League of California Cities
October 10, 2023
Page -4-
the inconsistent pre-arraignment enforcement of bail within the county because all other LEAs in
the county were operating under the Court’s traditional bail schedules then in effect. This
significant discrepancy created inequities and a great deal of confusion throughout the county.
PARP restores a uniform countywide schedule of bail required by Penal Code section 1269b(c).
The Court provided all LEAs with nearly two and a half months of notice to design and
implement systems, procedures, tools, and training to accommodate PARP. On July 18, 2023, the
Court issued a press release explaining PARP and making the new bail schedules publicly available
(https://www.lacourt.org/newsmedia/uploads/142023718144425
23NRSAFEANDJUSTPRE-ARRAIGNMENTPROTOCOLS.pdf). The Court then invited all LEAs to an in-
person meeting on July 25, 2023, to discuss the new bail schedules. Since late July, the Court has
maintained an email address (prearraignmentprotocol@lacourt.org), so that the public can ask
questions and provide feedback. On September 12, 2023, when the Court made technical, non-
substantive changes to the new bail schedules that were informed, in part, by issues raised by
justice partners, the Court emailed updated versions of the bail schedules and an FAQ document to
LEA representatives and invited them to attend training sessions with the Court on September 21
and 28, 2023. Our FAQs reflect a summary of questions LEAs have posed to the Court about PARP
and the Court’s responses to those questions. You do not detail what it is about PARP that the LEAs
that you represent find confusing. The Court has conducted individual training sessions (e.g., with
the Beverly Hills Police Department) and is more than happy to do the same for the LEAs in the
cities that your organization represents. We would greatly appreciate the opportunity to clear up
the confusion you reference.
Change is rarely easy. But we must be mindful against making perfection the enemy of
good. We look forward to continuing to engage with our communities, LEAs, and justice partners to
develop a robust and dynamic pre-arraignment release system that prioritizes public and victim
safety and equal access to justice.
I appreciate this opportunity to address your concerns about PARP. I hope I can count on
you to help allay the community’s reflexive objection to this important enhancement to our
criminal justice system that embodies the constitutional principles that we all undertake to
preserve and protect.
Sincerely,
SAMANTHA P. JESSNER
c: Hon. Sergio C. Tapia II, Assistant Presiding Judge
David W. Slayton, Executive Officer/Clerk of Court
7.1.c
Packet Pg. 58
EXEMPT FROM FILING FEES PURSUANT TO GOVERNMENT CODE SECTION 6103 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 1 -
COMPLAINT FOR DECL. AND INJ. RELIEF, FOR TRO, PRELIM. INJ., AND/OR PERM. INJ., ENJOINING
ENFCMNT OF L.A. SUP. COURT 2023 FELONY AND MISDEMEANOR BAIL SCHEDULES; WRIT OF MANDATE
JONES MAYER
Gary S. Kranker, Esq. (SBN 146246)
gsk@jones-mayer.com
Kimberly Hall Barlow, Esq. (SBN 149902)
khb@jones-mayer.com
Krista MacNevin Jee, Esq. (SBN 198650)
3777 North Harbor Boulevard
Fullerton, CA 92835
Telephone: (714) 446-1400
Facsimile: (714) 446-1448
Attorneys for CITY OF WHITTIER, CITY OF ARTESIA, CITY
OF COVINA, CITY OF DOWNEY, CITY OF GLENDORA,
CITY OF LAKEWOOD, CITY OF SANTA FE SPRINGS, CITY
OF PALMDALE, CITY OF VERNON, CITY OF ARCADIA,
CITY OF INDUSTRY, CITY OF LA VERNE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WHITTIER, a Charter City;
CITY OF ARTESIA, a municipal corporation;
CITY OF COVINA, a municipal corporation;
CITY OF DOWNEY, a Charter City;
CITY OF GLENDORA, a municipal corporation;
CITY OF LAKEWOOD, a Charter City; CITY
OF SANTA FE SPRINGS, a municipal
corporation; CITY OF PALMDALE, a Charter
City; CITY OF ARCADIA, a Charter City; CITY
OF INDUSTRY, a Charter City;
CITY OF VERNON, a Charter City; and
CITY OF LA VERNE, a municipal corporation,
Plaintiffs,
v.
SUPERIOR COURT OF THE STATE OF
CALIFORNIA, COUNTY OF LOS ANGELES,
the judicial branch for the County of Los
Angeles, California; EXECUTIVE
COMMITTEE, a Committee of Judges of the Los
Angeles Superior Court; THE HONORABLE
SAMANTHA P. JESSNER, PRESIDING
JUDGE, an individual in her official capacity
only; THE HONORABLE SAM OHTA,
Supervising Judge of the Criminal Division, an
individual in his official capacity only; DAVID
W. SLAYTON, Court Executive Officer/Clerk of
the Court, an individual in his official capacity
only; and DOES 1 - 60, inclusive,
Defendants.
Case No.
Assigned to:
COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF, FOR A
TEMPORARY RESTRAINING ORDER,
PRELIMINARY INJUNCTION,
AND/OR PERMANENT INJUNCTION
ENJOINING ENFORCEMENT OF,
AND/OR WRIT OF MANDATE, OR
OTHER APPROPRIATE RELIEF, FOR
VACATING ADOPTION OF, LOS
ANGELES SUPERIOR COURT 2023
FELONY AND MISDEMEANOR BAIL
SCHEDULES
7.1.d
Packet Pg. 59
EXEMPT FROM FILING FEES PURSUANT TO GOVERNMENT CODE SECTION 6103 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 2 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCITON TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
Plaintiffs, CITY OF WHITTIER, CITY OF ARTESIA, CITY OF COVINA, CITY OF
DOWNEY, CITY OF GLENDORA, CITY OF LAKEWOOD, CITY OF INDUSTRY, CITY OF
SANTA FE SPRINGS, CITY OF PALMDALE, CITY OF VERNON, CITY OF ARCADIA, and
CITY OF LA VERNE, (collectively, “PLAINTIFFS” or “CITIES”) hereby bring their Complaint
against Defendants LOS ANGELES SUPERIOR COURT; EXECUTIVE COMMITTEE, a
Committee of Judges of the Los Angeles Superior Court; THE HONORABLE SAMANTHA P.
JESSNER; THE HONORABLE SAM OHTA; DAVID W. SLAYTON; and DOES 1 through 60
(collectively, “DEFENDANTS”), and hereby allege as follows:
PRELIMINARY AND GENERAL ALLEGATIONS
1. Plaintiff CITY OF WHITTIER is a Charter City, located within the County of Los
Angeles, organized and existing under the laws of the State of California.
2. CITY OF ARTESIA is a general law municipal corporation, located within the
County of Los Angeles, and organized and existing under the laws of the State of California.
3. CITY OF COVINA is a general law municipal corporation, located within the
County of Los Angeles, and organized and existing under the laws of the State of California.
4. CITY OF DOWNEY is a Charter City, located within the County of Los Angeles,
organized and existing under the laws of the State of California.
5. CITY OF GLENDORA is a general law municipal corporation, located within the
County of Los Angeles, and organized and existing under the laws of the State of California.
6. CITY OF LAKEWOOD is a Charter City, located within the County of Los
Angeles, and organized and existing under the laws of the State of California.
7. CITY OF INDUSTRY is a Charter City, located within the County of Los
Angeles, and organized and existing under the laws of the State of California.
8. CITY OF SANTA FE SPRINGS is a general law municipal corporation, located
within the County of Los Angeles, and organized and existing under the laws of the State of
California.
9. CITY OF PALMALE is a Charter City, located within the County of Los Angeles,
organized and existing under the laws of the State of California.
7.1.d
Packet Pg. 60
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
10. CITY OF VERNON is a Charter City, located within the County of Los Angeles,
organized and existing under the laws of the State of California.
11. CITY OF LA VERNE is a general law municipal corporation, located within the
County of Los Angeles, and organized and existing under the laws of the State of California.
12. CITY OF ARCADIA is a Charter City, located within the County of Los Angeles,
organized and existing under the laws of the State of California.
13. Defendant LOS ANGELES SUPERIOR COURT is a Superior Court of the State
of California, in and for the County of Los Angeles. Defendant LOS ANGELES SUPERIOR
COURT, by and through its judicial officers, and/or other officers, officials and/or employees,
agents, representatives and/or others acting on its behalf, have formulated, adopted, promulgated
and will implement and enforce, effective October 1, 2023, the newly adopted Los Angeles
Superior Court Misdemeanor and Felony Bail Schedules, Adopted on July 18, 2023, Revised
September 12, 2023, and Effective October 1, 2023 (“BAIL SCHEDULES”), which are at issue
herein. The Los Angeles County Superior Court is one of 58 superior courts created by Article
VI of the California Constitution. As described by the Court itself, it is the only court for the
entire County of Los Angeles, which includes 88 cities, 125 unincorporated areas, more than 90
law enforcement agencies, and 4,084 square miles. The Court describes itself as serving a
population of over 10 million, with 36 courthouse locations in 12 judicial districts.
14. Defendant EXECUTIVE COMMITTEE is a Committee of Judges of the Los
Angeles Superior Court with authority, pursuant to Local Rule 1.7, “to act for and on behalf of
the judges on any matters affecting the court as to which the judges have the power to act.” More
specifically, Defendant EXECUTIVE COMMITTEE has the duty and authority, pursuant to
Local Rule 8.3 (a), to review, approve, and has final authority to adopt annual Uniform
Countywide Misdemeanor/Infraction and Felony Bail Schedules, which are required to be
submitted to it by the Bail Committee within the Criminal Division.
15. Defendant THE HONORABLE SAMANTHA P. JESSNER is the Presiding Judge
of the Los Angeles Superior Court, with management authority over Defendant LOS ANGELES
COUNTY SUPERIOR COURT, and PLAINTIFFS are informed and believe that Presiding Judge
7.1.d
Packet Pg. 61
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 4 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
Jessner serves on and/or has supervisory authority over Defendant EXECUTIVE COMMITTEE.
16. Defendant THE HONORABLE SAM OHTA is the Supervising Judge of the
Criminal Division of Defendant LOS ANGELES SUPERIOR COURT. PLAINTIFFS are
informed and believe that Judge Ohta is the Supervising Judge, pursuant to Local Rule 8.3 (a),
who appoints, manages and/or participates in the Bail Committee within the Criminal Division of
Defendant LOS ANGELES SUPERIOR COURT, which “Bail Committee must prepare and
annually revise a Uniform Countywide Misdemeanor/Infraction Bail Schedule and a Uniform
Countywide Felony Bail Schedule.” L.R. 8.3 (a). In performing those duties, “[t]he Bail
Committee must consider the factors specified in Penal Code section 1269b(e).” Id.
17. Defendant DAVID W. SLAYTON is the Court Executive Officer/Clerk of the
Court for Defendant LOS ANGELES SUPERIOR COURT. PLAINTIFFS are informed and
believe that, pursuant to Local Rule 1.6, Defendant SLAYTON has the duty, authority, power and
responsibility “[t]o execute, on behalf of the court and subject to the supervision and direction of
the Presiding Judge, the administrative supervision and control of the non-judicial activities of the
court,” as well as “[t]o take bail and related matters as provided in the Penal Code.”
18. CITIES are all subject to the BAIL SCHEDULES, which are attached hereto, and
incorporated herein by reference, as Exhibit A. The BAIL SCHEDULES will be applicable to all
criminal suspects, detainees, and defendants throughout the entirety of the County, including the
jurisdictions of each and all of PLAINTIFFS.
19. CITIES seek to enjoin DEFENDANTS, and each of them, from implementing the
BAIL SCHEDULES, in that they do not fulfill the mandatory obligations of DEFENDANTS
relating to the preparation and adoption of uniform countywide bail schedules and/or the setting
of bail generally, which actions are required to protect public safety as a primary consideration,
and the BAIL SCHEDULES as adopted, revised and to be imminently implemented, fail to fulfill
the duties of DEFENDANTS to “take into consideration the protection of the public, the safety of
the victim, the seriousness of the offense charged, the previous criminal record of the defendant,
and the probability of his or her appearing at the trial or hearing of the case.” Cal. Const. art. I, §
28 (f)(3). See also, Cal. Penal Code § 1275 (a)(1) (same).
7.1.d
Packet Pg. 62
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 5 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
20. This Court has jurisdiction over the subject matter of the dispute at issue herein,
namely it can and must provide a declaration of rights as disputed between the parties, and
DEFENDANTS are subject to this Court’s authority by way of writ of mandate to compel
DEFENDANTS, and each of them, to comply with their mandated duties and constitutional and
statutory provisions of law which circumscribe DEFENDANTS exercise of their authority as
granted by law. Cal. Const. art. VI, § 10. See also, Cal. Civ. Proc. Code §§ 526, 1060, 1067-
1069, 1085, 1094.5, and/or 1102-1104.
21. DEFENDANTS, and each of them, at all times herein mentioned, are situated in
the County of Los Angeles, in the State of California, and the BAIL SCHEDULES will be
operative within the County of Los Angeles. Nonetheless, venue is properly transferred to a
neutral County, since DEFENDANTS are County or local entities, officers and officials, and the
matter is thus properly transferred to another County other than the one in which all parties are
situated. Cal. Civ. Proc. Code § 394 (a). In the alternative, venue should be transferred pursuant
to other sections of the California Code of Civil Procedure, including section 397 as there is
reason to believe that an impartial trial cannot be had in Los Angeles County or there is no judge
of the court qualified to act.
22. The true names and capacities of Defendants sued herein as DOES 1 through 60
are unknown to PLAINTIFFS, who therefore sue such Defendants by such fictitious names, and
will amend this Complaint to show their true names and capacities at such time as they are
ascertained. PLAINTIFFS are informed and believe and thereon allege that each of the
Defendants designated herein as DOES, and each of them, are legally responsible in some manner
for the events and happenings alleged in this Complaint.
23. Whenever in this Complaint reference is made to any act of DEFENDANTS, such
allegation shall be deemed to mean DEFENDANTS, Defendants’ officers, agents, managers,
representatives, employees, and/or DOES 1 through 60, who authorized such acts while actively
engaged in the operation, management, direction or control of the affairs of DEFENDANTS, at
the DEFENDANTS’ direction, and/or while acting within the course and scope of their duties.
Reference to DEFENDANTS shall also mean each of the Defendants individually, as well as all
7.1.d
Packet Pg. 63
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 6 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
of the Defendants, collectively.
24. DEFENDANTS and each of them are directly responsible for the formulation,
adoption, implementation and furtherance of the BAIL SCHEDULES, which are imminently set
to take effect on October 1, 2023, and which do not comport with mandatory legal duties and
obligations of DEFENDANTS. The BAIL SCHEDULES adopted by DEFENDANTS constitute
violations of the laws and public policy of the State of California and/or statutes, regulations
and/or requirements applicable to DEFENDANTS, and their exercise of authority in adopting,
furthering, promulgating and/or enforcing the BAIL SCHEDULES, are inimical to the rights and
interests of the general public, and the citizens and residents of PLAINTIFF CITIES, and for
which an appropriate Court may issue a declaration of rights as between the parties and/or a writ
of mandate compelling the vacating of the adoption of the BAIL SCHEDULES, and/or for which
DEFENDANTS may be enjoined.
BACKGROUND FACTUAL ALLEGATIONS
25. Defendants LOS ANGELES SUPERIOR COURT, LOS ANGELES SUPERIOR
COURT EXECUTIVE COMMITTEE, Presiding Judge JESSNER, and/or Supervising Judge
OHTA developed, furthered and/or adopted the previous Los Angeles Superior Court 2022
Felony and Infraction and Misdemeanor Bail Schedules, which were in effect throughout Los
Angeles County until in or about May 2023.
26. On or about May 16, 2023, the Los Angeles Superior Court, through a ruling by
The Honorable Lawrence P. Riff in Phillip Urquidi, et al. v. City of Los Angeles, et al., Los
Angeles Superior Court Case No. 22STCP04044 (the “Urquidi Injunctive Order”), enjoined the
Los Angeles Sheriff’s Department and the City of Los Angeles Police Department from using the
Los Angeles Superior Court 2022 Felony and Infraction and Misdemeanor Bail Schedules, and
specifically from “detaining any person prior to arraignment who would have been released
without paying money bail under the Third LA County Emergency Bail Scheduled Modification
Effective October 20, 2020,” except that the Court modified the “repeat offender” provision of
that Emergency Bail Schedule as follows: “While release on $0 bail, bail for subsequent offense/s
during the abeyance period…shall be set pursuant to the applicable bail schedules promulgated by
7.1.d
Packet Pg. 64
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 7 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
the Los Angeles Superior Court. This exception does not apply to those persons whose
subsequent offense occurs after the original offense is resolved.” This is analogous to the public
policy concept reflected in California Penal Code Section 12022.1, as to secondary offenses.
27. As part of its annual obligation to adopt uniform countywide bail schedules,
pursuant to California Penal Code Section 1269b (c) and the Local Rules of Defendant LOS
ANGELES SUPERIOR COURT, as well as -- at least in part -- in response to the Urquidi
Injunction Order, Defendants LOS ANGELES SUPERIOR COURT, EXECUTIVE
COMMITTEE, Presiding Judge JESSNER, and/or Supervising Judge OHTA have developed,
furthered, adopted and/or revised the BAIL SCHEDULES, which were adopted by Defendant
EXECUTIVE COMMITTEE on or about July 18, 2023, revised on September 12, 2023, and
which are set to take effect imminently on October 1, 2023. See Exhibit A, hereto.
28. The BAIL SCHEDULES inadequately provide for public safety, and
DEFENDANTS have failed in their mandatory duty to account for public safety in setting bail
generally and/or in the adoption and enforcement of the BAIL SCHEDULES, specifically. As
the California Supreme Court has found, “[a] court making these [pre-trial release] determinations
should focus instead on risks to public or victim safety or to the integrity of the judicial process
that are reasonably likely to occur.” In re Humphrey, 11 Cal.5th 135, 154 (2021). As to a court’s
determination resulting in pretrial detention, it is the “court’s obligation” to “guard against
careless or rote decisionmaking.” Id. at 155-156. There must be “a reasoned inquiry, [and]
careful consideration of the individual arrestee’s circumstances.” Id. at 156. Generally,
“[p]retrial detention on victim and public safety grounds, subject to specific and reliable
constitutional constraints, is a key element of our criminal justice system.” Id.
Further, the California Constitution specifically requires “that trial courts fix the amount
of bail upon consideration of ‘the seriousness of the offense charged, the previous criminal record
of the defendant, and the probability of his or her appearing at the trial or hearing of the case.’”
In re Kowalczyk, 85 Cal.App.5th 667, 687 (2022) (quoting Cal. Const. art. I, § 12). In addition,
the Constitution expressly mandates that the rights of victims and the public safety must be given
due regard, to protect the “broader shared collective rights that are held in common with all of the
7.1.d
Packet Pg. 65
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 8 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
People of the State of California. . . so that the public safety is protected and encouraged as a goal
of highest importance.” Cal. Const. art. I, § 28 (a)(4). This includes, “[i]n setting, reducing or
denying bail,” to “take into consideration the protection of the public, the safety of the victim, the
seriousness of the offense charged, the previous criminal record of the defendant, and the
probability of his or her appearing at the trial or hearing of the case.” Cal. Const. art. I, § 28
(f)(3). See also, Cal. Penal Code § 1275 (a)(1) (same). Indeed, “[p]ublic safety and the safety of
the victim” are not merely one of the considerations to be given to bail determinations, but “shall
be the primary considerations.” Cal. Const. art. I, § 28 (f)(3); Cal. Penal Code § 1275 (a)(1)
(same). Further, “[i]n considering the seriousness of the offense charged, a judge or magistrate
shall include consideration of the alleged injury to the victim, and alleged threats to the victim or
a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the
commission of the crime charged, and the alleged use or possession of controlled substances by
the defendant.” Cal. Penal Code § 1275 (a)(2).
29. DEFENDANTS fail to satisfy their mandatory duties as to the setting of bail, by
the adoption and implementation of the BAIL SCHEDULES, in that the BAIL SCHEDULES
impose a blanket lifting of whole swaths of categories from being bailable offenses, and requires
only citation and release, or booking and release, as to blanket categories of offenses -- with no
detention or individualized evaluations or assessments of particular crimes or individuals. This
removes the process by which law enforcement officers address repeat offenders, or as to
particular circumstances of crimes, offenses, victims or other critical considerations, particularly
as to those implicating public safety concerns or the seriousness of the offense that may not be
reflected merely in the charges; the BAIL SCHEDULES also fail to provide, in wide categories
of offenses, any judicial review at all. This is a vast abdication of the judicial obligations relating
to bail determinations, and particularly as to the mandatory legal obligation to account for
victims’ rights and public safety.
For instance, the BAIL SCHEDULES ignore and/or directly conflict with the statutory
authority of law enforcement officers to determine the nonrelease of offenders in a host of
circumstances directly affecting public safety, such as “danger to themselves or others,” no
7.1.d
Packet Pg. 66
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 9 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
identification, “reasonable likelihood that the offense or offenses would continue or resume,”
“reason to believe that the person would not appear,” etc. Cal. Penal Code § 853.6 (i)(1), (5), (7),
(9).
30. There is and has been grave public concern regarding public safety in light of
reduced enforcement and criminal consequences for various categories of “low-level” offenses
that, despite the nomenclature, have profound and significant impacts on the day-to day life of
whole communities of PLAINTIFF CITIES and others within the County. Los Angeles County
Sheriff Robert Luna expressed concerns this week to the County Board of Supervisors, that
confidence in the criminal system is undermined when “offenders [are] immediately released
from custody.” See “Debate Over Zero Bail System Intensifies in Los Angeles County Amid
Safety Concerns,” West Side Current, Sept. 26, 2023, attached hereto as Exhibit B. Public
comments have included “concern[s] about the [new zero bail] system, particularly following a
recent wave of mob-style smash-and-grab burglaries and reports of arrestees being quickly
released and reoffending.” Id. Regardless of whether criminal suspects are held accountable at
some later point in time, the message criminals get from the wide provision of cite-release or
booking-release in the BAIL SCHEDULES is that they can immediately continue criminal
activity with impunity, and with little actual, imminent consequences. Indeed, even brief
detention of criminal suspects – and even for “low-level” crimes, can serve to disrupt and
interrupt criminal syndicates, can give brief respite to ongoing and harassing criminal activities in
a community, and can otherwise serve to provide a more forceful and serious law enforcement
presence to combat or lessen ongoing criminal activities. Even if there are constitutional
concerns with the prior 2022 Bail Schedules, the nearly wholesale elimination in the BAIL
SCHEDULES of any real or immediate consequences for the majority of crimes is too broad of a
sweep, without any valid consideration of victims and public safety, as mandated by law. The
adoption and implementation of the BAIL SCHEDULES is at the expense of victims and
members of the law-abiding public, who suffer the direct and immediate consequences of
DEFENDANTS having failed to give due regard to all mandatory considerations in setting bail.
The fact that making more individualized assessments, or considering particularized
7.1.d
Packet Pg. 67
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 10 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
circumstances, of offenses may be difficult or require more resources of DEFENDANTS is
certainly no valid legal basis for simply categorically overriding public safety and statutory
compulsion. Further, money bail is not merely a matter of who can pay; “courts have authority to
impose reasonable conditions related to public safety on persons released on bail.” In re Webb, 7
Cal.5th 270, 278 (2019). Zero dollars does not have to equal zero consequences; however, the
BAIL SCHEDULES make the balance of the rights of offenders so weighty that victims and
public safety are given a zero value. The BAIL SCHEDULES’ one-size-fits-all approach fits no
one, as to the mandatory balancing considerations required by law.
31. Notably, Plaintiff CITY OF WHITTIER’S experience with even judicial
consideration (“Magistrate Review” under the prior Bail Schedule), as to a suspect’s individual
risk to public safety after detention, indicates that such review also gives a zero value to victims’
rights or public safety. Based on information and belief, such review is perfunctory, and based on
minimal particularized information about the circumstances of a specific offense or offender; the
review is merely based on a computer-generated, rote, risk “assessment,” potentially without
consideration of critical information regarding an incident/offender, such as repeat offense data,
individualized facts, etc. This very type of review resulted in heartbreaking consequences for one
of Plaintiff WHITTIER’S own law enforcement officers in October 2020. Following the arrest of
an individual in possession of a loaded firearm, a “magistrate review” was conducted within three
hours of his arrest, which resulted in an order to release him with a notice to appear in court at a
later date. A few hours after his mandated release from WHITTIER’S jail, the individual attacked
and injured a Whittier Police Officer, unprovoked, while the officer was on an unrelated call for
service.
32. In practice, “Magistrate Review” does little to evaluate bail in particular
circumstances or to protect victims or public safety, as mandated by law. Instead, it is a cursory
review of electronic records only, by an on-call judge, relying on rote risk assessment factors,
based solely on the bare nature of the charges -- without additional facts of the actual crime
committed or victims harmed – and based on an arrestee’s criminal history, which does not
include repeat offenses that are not convictions. Based on the Judicial Council’s “Pretrial Pilot
7.1.d
Packet Pg. 68
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 11 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
Program: Final Report to the Legislature” (July 2023), the risk assessment tool using during pilot
programs, and which PLAINTIFFS are informed and believe will continue to be used under the
BAIL SCHEDULES, the tool is primarily a static “actuarial algorithm to assess the likelihood
that an arrested person will fail to appear in court as required or will commit a new offense during
the pretrial period. Actuarial algorithms use data to identify factors associated with the target
outcome and assign points based on the strength of the association.” This point system is the
basis for decisions by judges under “Magistrate Review.”
“Magistrate Review” does not include the detainee appearing before a judge, or any
individualized assessment of the person or the specific facts and circumstances of the charged
crime(s). Examples of offenses subject to “magistrate review” under the BAIL SCHEDULES
include offenses of significant interest and harm to victims, the community and relevant to public
safety, such as offenses involving guns, sexual battery, crimes against children/elders and contact
with minors with intent to commit a sexual offense.
33. For a widespread number of offenses, there is no judicial review whatsoever –
those requiring only cite and release or booking and release under the BAIL SCHEDULES. The
“cite and release” and “book and release” requirements of the BAIL SCHEDULES apply to
almost all misdemeanor crimes and some non-violent felonies. These include car thefts, car
burglaries, thefts of property at any value, retail and commercial thefts and burglaries, possession
of stolen property, forgery, drug sales, etc. These are of particular concern and interest to the
general public within the jurisdictions of PLAINTIFFS and throughout the County. In fact, there
are a few key examples of purportedly “low-level” crimes that directly and profoundly impact
public safety, the community, victims, and the general public safety and welfare, such as fentanyl
possession, theft from retailers, automobile theft (including both a vehicle or its parts, such as
catalytic converters), and driving under the influence.
These are not victimless crimes. Citing and releasing someone in possession of fentanyl
can have devastating consequences even to that person, by way of overdose and elimination of
opportunities to delay continued possession. Further, immediate release of, for instance, an
offender who steals car parts can allow such criminal activity to recommence seamlessly without
7.1.d
Packet Pg. 69
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 12 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
interruption. This can embolden both individual criminals and those acting within a syndicate and
allows the human capital resources of organizational crime to continue unabated and without
immediate consequence whatsoever. And, there is no provision in the BAIL SCHEDULES for
any exception for repeat offenders, or those who may be known to law enforcement. The
physical interruption of crimes, even if based on a brief detention, can be a valuable law
enforcement tool and can save lives or cause a break in the chain of criminal activity.
DEFENDANTS have failed in their fundamental legal duties to value and protect victims
and public safety, as the BAIL SCHEDULES do nothing to make a valid assessment of either.
Whatever the constitutional deficiencies are of the current money bail system, it cannot be simply
washed away -- and nothing implemented in its place. The lack of any real judicial assessment or
review, and complete lack of bail – without any substitute of conditions or other consequences for
wide categories of crime, and not taking into account factual circumstances of crimes or
individual detainees, does nothing to further public safety. There are less intrusive forms of
controlling community risk through use of electronic monitoring, restraining orders preventing
contacts with victims, or direction into therapeutic interventions such as drug or alcohol
treatments. The BAIL SCHEDULES do not satisfy DEFENDANTS mandatory duties to protect
victims’ rights and public safety. Cal. Const. art. I, § 28; Cal. Penal Code § 1275 (a).
FIRST CAUSE OF ACTION
DELCARATORY AND/OR INJUNCTIVE RELIEF
(Cal. Civ. Proc. Code §§ 526, 1060)
(Against All DEFENDANTS and DOES 1-60)
34. PLAINTIFFS re-allege and incorporate herein by reference as if alleged herein
the allegations in paragraphs 1 through 33, and makes them a part of this Cause of Action as
though fully set forth herein.
35. PLAINTIFFS allege that the actions, activities, conduct and/or omissions of all
DEFENDANTS, and each of them, in connection with formulation, adoption, promulgation,
implementation, enforcement, etc. of the BAIL SCHEDULES will be, are, and/or will continue
to be in violation of law, beyond DEFENDANTS’ valid authority, and detrimental to public
7.1.d
Packet Pg. 70
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 13 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
safety and welfare, as alleged herein, and as otherwise to be shown by proof at trial.
36. An actual controversy currently exists between PLAINTIFFS and
DEFENDANTS, and each of them, regarding the existence of such violations of law, as alleged
herein, and relating to the legal rights and duties of each respective party.
37. At the time of trial, PLAINTIFFS will move the Court to amend this Complaint to
include any facts discovered after filing this Complaint.
38. No other adequate remedy exists by which the rights of the parties’ rights may be
determined.
39. PLAINTIFFS, their residents and citizens, and the general public will suffer
irreparable injury if the nature of DEFENDANTS’ conduct, actions, perpetuation and/or
omissions, as alleged, is not determined and declared by this Court invalid as a matter of law
and/or fact and/or enjoined, either preliminarily, while this action is pending, and/or
permanently.
40. Unless restrained by this Court’s issuance of injunctive relief as requested herein,
DEFENDANTS will continue to implement and enforce the BAIL SCHEDULES, which are in
violation of law as alleged herein.
41. DEFENDANTS’ wrongful conduct alleged herein constitutes a serious threat to
the general health, safety, and welfare of the CITIES and their residents, and their peaceable and
safe enjoyment of life and liberty. DEFENDANTS’ wrongful conduct alleged herein, and the
operative effect of the mandatory usage throughout the County and by all law enforcement
agencies within the County of Los Angeles of the BAIL SCHEDULES, directly interferes with
and contradicts duties and authorities of law enforcement officers, including statutory duties and
authorities, which permit, allow, and require -- for the protection of public safety, the nonrelease
of certain individuals under certain circumstances. This is all the more significant for CITIES,
many and/or all of which have Type I facilities that are qualified to detain arrestees prior to
arraignment within their own communities.
//
//
7.1.d
Packet Pg. 71
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 14 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
42. Unless and until these activities are restrained by this Court, they will continue to
cause great and irreparable injury to the public, in that their peace and tranquility are being, and
have been, disturbed, and the health and safety of the public is jeopardized by the activities of the
DEFENDANTS, relating to the mandatory implementation of the BAIL SCHEDULES
throughout the County.
43. PLAINTIFFS have no plain, adequate, or speedy remedy at law in that the BAIL
SCHEDULES will be imminently effective and mandatory from and after October 1, 2023, and
further, they eliminate the exemption of “repeat offenders” from zero-bail requirements currently
in place temporarily due to the Urquidi Injunction Order. Immediate injunctive relief from a
Court is both necessary and proper, in that the BAIL SCHEDULES will create an immediate,
and perpetual risk of the health and welfare of the public and of residents of CITIES, and other
members of the public throughout the entire County of Los Angeles. The ability of law
enforcement officers to protect the public safety is directly hampered by the BAIL
SCHEDULES and their enjoinment is necessary and warranted under the circumstances, based
on the alleged failures of DEFENDANTS herein to comply with and fulfill their mandatory legal
obligations in setting bail generally, and in adopting the provisions of the BAIL SCHEDULES,
in particular.
SECOND CAUSE OF ACTION
WRIT OF MANDATE, MANDAMUS, PROHIBITION, CERTIORI OR OTHER
APPROPRIATE RELIEF
(Cal. Civ. Proc. Code §§ 1067-1069, 1085, 1094.5, and/or 1102-1104)
(All Defendants and Does 1-60)
44. Plaintiffs re-allege and incorporate herein by reference as if alleged herein the
allegations in paragraphs 1 through 43, and makes them a part of this Cause of Action as though
fully set forth herein.
45. This action is brought pursuant to California Code of Civil Procedure Section
1085, or for other appropriate writ relief as may be determined by the Court, pursuant to e.g., Cal.
Civ. Proc. Code §§ 1067-69, 10945. And/or 1102-1104.
7.1.d
Packet Pg. 72
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 15 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
46. DEFENDANTS, and each of them, as alleged here, have mandatory legal duties in
the setting of bail, and in particular, as to the development, furtherance, implementation,
enforcement and adoption of the BAIL SCHEDULES, and which duties and obligations they
have failed to satisfy as a matter of law, severely and negatively affecting PLAINTIFFS, their
residents, communities, and the public at large throughout the County of Los Angeles.
47. DEFENDANTS’ actions and/or omissions as alleged herein, or according to proof,
fundamentally and fatally fail to account for the rights of victims or the public safety, as required
by law; DEFENDANTS were, and are, under a duty to comply with mandatory constitutional and
statutory obligations directly applicable to the BAIL SCHEDULES. See, e.g., Cal. Const. art. I,
§ 28 (f)(3); Cal. Penal Code § 1275 (a)(1).
48. At the time of trial, PLAINTIFFS will move the Court to amend this Complaint to
include any matter discovered after filing this Complaint.
49. PLAINTIFFS have no plain, speedy and adequate remedy in the ordinary course of
law save this action, and PLAINTIFFS are beneficially interested in the matters set forth herein,
in that all PLAINTIFFS’ law enforcement agencies, or those law enforcement agencies acting on
PLAINTIFFS’ behalf, are and will be subject to the BAIL SCHEDULES, to the sever detriment
of their residents, communities, and the public at large.
50. Based on the foregoing, PLAINTIFFS seek a writ of mandate, or other appropriate
relief, to set aside and vacate the BAIL SCHEDULES, to enjoin and mandate no further
enforcement or effect as to the BAIL SCHEDULES, preclude their enforcement or use, and a
finding and determination that they fail to comply with the law or DEFENDANTS’ mandatory
duties under the law.
//
//
//
//
//
//
7.1.d
Packet Pg. 73
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 16 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
PRAYER
WHEREFORE, PLAINTIFFS pray for judgment against DEFENDANTS, and each of
them, as follows:
1. For an order requiring DEFENDANTS to show cause, if any, why they should not
be immediately, preliminarily and/or permanently enjoined as set forth in this Complaint during
the pendency of this action and/or thereafter, as to the furtherance, implementation and/or
enforcement of the Los Angeles Superior Court Misdemeanor and Felony Bail Schedules,
Adopted on July 18, 2023, Revised September 12, 2023, and Effective October 1, 2023 (“BAIL
SCHEDULES”).
2. That DEFENDANTS, and each of them, their agents, officers, employees, and
anyone acting on their behalf, and their successors and assignees, be enjoined, temporarily,
preliminarily and/or permanently, as set forth in this Complaint, during the pendency of this
action and/or thereafter in the furtherance, implementation and/or enforcement of the BAIL
SCHEDULES.
3. That this Court issue alternative and/or peremptory writs of mandate, mandamus,
prohibition, certiorari, or other appropriate relief commanding DEFENDANTS, and each of them,
to vacate the adoption of, or otherwise rescind enforcement of, the BAIL SCHEDULES
throughout the County of Los Angeles.
4. That this Court issue alternative and/or peremptory writs of mandate, mandamus,
prohibition, certiorari, or other appropriate relief commanding DEFENDANTS, and each of them,
to set aside adoption of the BAIL SCHEDULES.
5. That this Court issue a temporary, preliminary and/or permanent injunction
enjoining all DEFENDANTS, and each of them, their agents, officers, employees, and anyone
acting on their behalf, and their successors and assignees, representatives, servants and all persons
acting under their control, in concert with, or participating with DEFENDANTS, from enforcing,
implementing, using or relying on the BAIL SCHEDULES.
6. That this Court issue and Order declaring that the BAIL SCHEDULES are invalid
as a matter of law, and unenforceable, and inapplicable to law enforcement agencies within and
7.1.d
Packet Pg. 74
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 17 -
COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT
INJUNCTION TO ABATE A PUBLIC NUISANCE; INJUNCTIVE AND DECLARATORY RELIEF
throughout the County of Los Angeles.
7. That PLAINTIFFS are entitled to costs of suit, and any and all such other relief as
the Court deems proper, necessary or just.
Dated: September 29, 2023 JONES MAYER
By: ______________________________
Gary S. Kranker,
Kimberly Hall Barlow and
Krista MacNevin Jee,
Attorneys for Plaintiffs,
City of Whittier, City of Artesia, City of
Covina, City of Downey, City of Glendora,
City of Lakewood, City of Industry, City of
Santa Fe Springs, City of Palmdale, City of
Arcadia, City of La Verne, City of Vernon
7.1.d
Packet Pg. 75
EXHIBIT A
7.1.d
Packet Pg. 76
2023
MISDEMEANOR BAIL SCHEDULE
Rev. September 12, 2023; Eff. October 1, 2023
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
7.1.d
Packet Pg. 77
Copies or interim amendments can be obtained at
http://www.lacourt.org
7.1.d
Packet Pg. 78
TABLE OF CONTENTS
I. PRE-ARRAIGNMENT RELEASE PROTOCOL FOR LAW ENFORCEMENT
Introduction ........................................................................................................................................................... 4
How to Use the Pre-Arraignment Protocol ........................................................................................................... 6
State Codes .......................................................................................................................................................... 10
a. BUSINESS AND PROFESSIONS CODE ................................................................................. 10
b. FISH AND GAME CODE ........................................................................................................... 10
c. HARBORS AND NAVIGATION CODE ..................................................................................... 10
d. HEALTH & SAFETY CODE ....................................................................................................... 10
e. PENAL CODE............................................................................................................................ 12
f. PUBLIC RESOURCES CODE .................................................................................................. 24
g. VEHICLE CODE ........................................................................................................................ 25
h. WELFARE AND INSTITUTIONS CODE ................................................................................... 34
California Code of Regulations ............................................................................................................................ 34
Los Angeles County Code .................................................................................................................................... 34
II. RELEASE CONSIDERATIONS FOR JUDICIAL OFFICERS
How to Use the Schedule .................................................................................................................................... 35
Arrest Warrants ................................................................................................................................................... 35
Determining Financial Conditions of Release at Arraignment or Future Court Proceeding ............................... 35
Penal Code Section 1270.1 .................................................................................................................................. 35
7.1.d
Packet Pg. 79
4
I. LOS ANGELES COUNTY MISDEMEANOR PRE-ARRAIGNMENT RELEASE PROTOCOL FOR
LAW ENFORCEMENT
A. Introduction
The purpose of bail is to ensure an arrestee appears for all court appearances and reduce the risk
to public or victim safety.1 Article I, section 12 of the California Constitution entitles most arrestees
(who are presumed innocent until proven guilty beyond a reasonable doubt) to release on bail
while awaiting trial. In addition, the Constitution prohibits excessive bail and requ ires that judicial
officers take into account the protection of the public, safety of the victim, seriousness of the
offense charged, previous criminal record of the defendant, and the probability of the arrestee
appearing at court appearances.2 Consistent with the United States Supreme Court’s decision in
Salerno, the Superior Court of Los Angeles County (Court) seeks with this protocol to ensure that
“in our society liberty is the norm, and detention prior to trial is the carefully limited exception.”3
Applicability of Pre-Arraignment Release Protocol for Low-Level, Non-Violent Felonies and
Misdemeanors
For many less serious and low-risk level misdemeanor and felony offenses, the Pre-Arraignment
Release Protocol (PARP) represents a shift from the practice of setting money bail, also known
as a “financial condition” of release. Prior to the implementation of the PARP, arrestees who could
afford to post money bail pursuant to operative bail schedules were released pre-arraignment,
while those who could not afford to do so were detained, even if they posed little risk to the public
or were likely to return to court. The California Supreme Court has held that conditioning release
from custody solely on whether an arrestee ca n afford bail is unconstitutional. (In re Humphrey
(2021) 11 Cal.5th 135, 143 (Humphrey).) Further, research4 demonstrates that non-financial
conditions of release that address both public and victim safety and the arrestee’s individual
circumstances are often sufficient and may be preferable to financial conditions for numerous
reasons. In Humphrey, the Supreme Court instructed trial courts to impose the least restrictive
conditions of release for defendants and to consider whether non -financial conditions of release
may reasonably protect the public and the victim or reasonably assure the defendant ’s presence
at trial.
Effective October 1, 2023, this Pre-Arraignment Release Protocol shall govern whether eligible
arrestees in Los Angeles County are released from custody without conditions, released with non-
financial conditions, or held in custody pending arraignment. Using the PARP, the Court sets
release conditions based on an arrestee’s risk to public or victim safety and the arrestee’s
likelihood of returning to court and reduces reliance on money bail as a condition of release prior
to arraignment for individuals arrested for certain misdemeanor and non-violent, low-level felonies.
1 Cal. Const., art. I, § 28, subd. (f)(3).
2 Id.
3 United States v. Salerno (1984) 481 U.S. 739, 755 (Salerno).
4 Brooker, C. Yakima County, Washington Pretrial Justice System Improvements: Pre- and Post-Implementation Analysis.
(2017); Carmichael, D. et al. Liberty and Justice: Pretrial Practices in Texas. (2017); Anderson, C. et al. Evaluation of Pretrial Justice
System Reforms that Use the Public Safety Assessment: Effects of New Jersey’s Criminal Justice Reform. (2019); Redcross, C. et al.
Evaluation of Pretrial Justice System Reforms that Use the Public Safety Assessment: Effects in Mecklenburg County, North Carolina.
(2019); Grant, G. Report to the Governor and the Legislature: Jan. 1-Dec. 31, 2019. (2020); Lowenkamp, C. et al. Replication and
Extension of the Lucas County PSA Project. (2020).
7.1.d
Packet Pg. 80
5
Through the PARP, the Court assesses and releases from custody (with release conditions where
appropriate) those arrestees who pose a minimal risk of flight or danger to public or victim safety.
For arrestees charged with certain non-violent felony and misdemeanor offenses, the offenses will
fall within one of three categories – CR (Cite and Release); BR (Book and Release); and MR
(Magistrate Review). The categories are described in more detail below and each eligible offense
is assigned a category.
Zero-Dollar Bail Is Not Available for Serious or Violent Offenses Pre-Arraignment
Zero-dollar bail is not available for serious or violent crimes.
The following arrestees are ineligible for pre-arraignment release on zero-dollar bail:
1. Individuals arrested for capital crimes when the facts are evident or the presumption great and
all offenses listed in subsections (b) and (c) of Article I, section 12 of the California Constitution
are ineligible for release on their own recognizance or sufficient sureties.5
2. Individuals arrested for any offense listed in Penal Code section 1270.1. Individuals arrested
for offenses listed in Penal Code section 1270.1 are ineligible for release on their own
recognizance or release on bail in an amount that is either more or less than the amount
contained in the schedule of bail for the offense until a hearing is held in open court before the
magistrate or judge. For these offenses the arrestees must post financial conditions of release
as required by that statute or be held until arraignment within the time outlined in Penal Code
section 825, or the time by which they may have a hearing in open court as required. Existing
law requires a non-zero-dollar amount of bail to be set for these offenses. Financial conditions
of release for those crimes or enhancements are listed within the proto col.
3. Individuals arrested for any offense where there is a sentencing enhancement, as defined in
subdivision (e) of Penal Code section 1269b. For offenses with these enhancements, arrestees
must post financial conditions of release (non-zero-dollar amount of bail) as required by that
statute and listed within the protocol.
Definitions of CR, BR, and MR
For those offenses designated as either CR or BR, eligible arrestees will be released on their own
recognizance with a promise to appear at arraignment either at the time of arrest (CR) or after
being booked at a police station or other facility (BR). Nothing in this protocol should be construed
to alter the authority of law enforcement to cite-and-release or book-and-release as authorized by
state law. These arrestees are not required to post cash bail, and the offenses for which they are
booked are designated in the schedule as zero-dollar bail ($0) bail offenses. However, arrestees
booked for an offense designated as CR or BR who are currently on Parole or Post Release
Community Supervision (PRCS) are not eligible to be released prior to magistrate review and will
be referred directly to a magistrate for review prior to release. The Court has magistrates available
7 days a week, 24 hours a day.
For those crimes designated as MR, arrestees will be referred to a magistrate for review. As set
forth further below, magistrates will consider the available information to determine whether to
5 Cal. Const., art. I, § 12.
7.1.d
Packet Pg. 81
6
release an arrestee on their own recognizance with no conditions, release them on their own
recognizance with the least restrictive non-financial conditions, or defer consideration of release
until arraignment under limited circumstances. All offenses in the MR category are designated as
$0 bail offenses.
Pre-arraignment bail amounts and designations in the PARP are not binding on judicial officers at
arraignment, which typically occurs within 48 hours of arrest unless there is a holiday or a weekend
when the court is otherwise closed. At arraignment, where both the prosecution and the defendant
are represented by counsel, judicial officers have the full range of options available with respect
to the defendant’s bail and custody status. The arraignment court can consider, among other facts
and issues raised, the prosecutor’s charging document, the defendant’s criminal history, the facts
of the case, and any information the prosecutor and the defense attorney may offer.
Arrest Warrants – Bail Amounts
At and after the defendant's first appearance, the j udicial officer before whom the defendant
appears will determine release conditions, if any. (See section II (A) and (C).) A magistrate fixing
financial conditions of release pursuant to Penal Code section 815a which requires that a
magistrate fix the amount of bail which in their judgment is in accordance with the provisions of
section 1275 will be reasonable and sufficient for the appearance of the defendant following his
arrest, if the offense is bailable, may use this schedule at the time an arrest warr ant is issued.
The amount of bail is within the sound discretion of the magistrate. (See section II (B).)
B. How to Use the Pre-Arraignment Release Protocol
The purpose of this protocol is to designate pre-arraignment release orders upon which a person
arrested without a warrant may be assessed for release before their appearance in court.
Arrestees booked on crimes listed in Penal Code section 1270.1 are not eligible for non-financial
conditions of release pre-arraignment.
Prior to arraignment, the release protocol for each crime will be designated in the column titled
“Pre-Arraignment Release Protocol.” Within that designated column, the following
abbreviations will refer to the appropriate pre-arraignment protocol for arrestees booked for the
referenced crime.
1. CITE AND RELEASE (CR)
People arrested for crimes designated as CR are subject to $0 bail and are not required
to provide financial conditions of release unless a designated exception applies as stated
in Item 5. Arrestees must promise to appear in court for arraignment notwithstanding
Penal Code section 977.
2. BOOK AND RELEASE (BR)
People arrested for crimes designated as BR are subject to $0 bail and are not required
to provide financial conditions of release unless a designated exception applies as stated
in Item 5. Arrestees must promise to appear in court for arraignment as required by
Penal Code section 1318.
3. MAGISTRATE REVIEW (MR)
People arrested for crimes designated as MR are subject to $0 bail and are not required
to provide financial conditions of release unless a designated exception applies as stated
7.1.d
Packet Pg. 82
7
in Item 5. Arrestees must promise to appear in court for arraignment as required by Penal
Code section 1318, they must be booked by a law enforcement a gency, and their release
conditions, if any, will be determined by a magistrate. Applying the factors set forth in
Penal Code section 1275, and Article I, sections 12 and 28, the magistrate will consider
known facts about the offense and the arrestee as well as a risk assessment report in
deciding to (1) release the arrestee on their own recognizance; (2) release the arrestee
upon $0 money bail and non-financial conditions of release that are the least restrictive
conditions reasonably related to the crime that are necessary to assure their appearance
at court and the safety of the public and victim; or (3) defer until arraignment
consideration of the arrestee’s release, if the magistrate finds by clear and convincing
evidence based on the available information that "public or victim safety, or the arrestee's
appearance in court, cannot be reasonably assured” if they are released with nonfinancial
conditions. (In re Humphrey (2021) 11 Cal.5th 135, 154.)
Once the least restrictive condition or combination o f conditions is determined by the
magistrate, the County’s Pretrial Services Unit will communicate the release conditions,
if any, to the booking law enforcement agency (LEA). The LEA will communicate the
condition(s) to the arrestee. If the arrestee accepts the conditions, the arrestee will be
released. If not, further consideration of the arrestee’s release will be deferred until
arraignment.
4. FINANCIAL CONDITIONS OF RELEASE
Pursuant to Penal Code section 1270.1, persons arrested for designated misdemeanors
must post financial conditions of release as required by that statute or be held until
arraignment within the time outlined in Penal Code section 825, or the time by which
they may have a hearing in open court as required. Financial conditions of release for
those crimes or enhancements are listed as dollar amounts within the protocol.
5. EXCEPTIONS
A. ARRESTEE ON PAROLE OR POST RELEASE COMMUNITY SUPERVISION
(PRCS):
If an arrestee booked for an offense listed as CR or BR in the protocol is currently on
parole or PRCS, the arrestee shall be referred to a magistrate for review.
B. ARRESTEE ACCUSED OF MULTIPLE OFFENSES:
i. If an arrestee is booked on two or more offenses with differing protocol designations
($0 bail and CR, BR, or MR), pre-arraignment release protocol shall be determined
by the strictest release protocol designated.
ii. If an arrestee is booked on two or more offenses, one which designates a non-
financial condition of release and the other which designates a financial condition
of release, pre-arraignment release shall be determined by the financial condition
of release designated for each crime. No additional financial conditions may be
added for crimes designated as $0 bail and CR, BR, or MR. Because the arrestee
is subject to financial conditions of release, the arrestee will not be referred to a
magistrate for review.
iii. If two or more misdemeanor offenses require financial conditions of release, the
amount shall be set for the offense having the highest amount, except where the
7.1.d
Packet Pg. 83
8
offenses are committed against separate victims or on separate dates, in which
case the financial conditions may be aggregated. Because the arrestee is subject
to financial conditions of release, the arrestee will not be referred to a magistrate
for review.
6. REPRODUCTIVE RIGHTS
In accordance with Penal Code section 1269b(f)(2), bail shall be set at zero dollars ($0)
and the offense designated as CR for an individual who has been arrested in connection
with a proceeding in another state regarding an individual performing, supporting, or
aiding in the performance of an abortion in this state, or an individual obtaining an abortion
in this state, if the abortion is lawful under the laws of this state.
7. GENERAL PROVISIONS
a. Uniform Codes
For all misdemeanor offenses within the following codes, the bail shall be set at zero
dollars ($0) and the offense designated as CR: Civil Code, Code of Civil Procedure,
Education Code, Election Code, Financial Code, Food and Agriculture Code,
Government Code, Insurance Code, Labor Code, Public Utilities Code, Revenue and
Taxation Code, Street and Highways Code, and Unemployment Insurance Code.
b. Unlisted Misdemeanors
For all offenses chargeable as straight misdemeanors, or as a felony or a
misdemeanor (“wobblers”), under state statutes or municipal or agency ordinances,
for which there is no uniform bail and which are not otherwise provided in this
schedule, including unlisted subdivisions, the bail shall be set at zero dollars ($0) and
the offense designated as CR.
8. BAIL DEVIATION
Pursuant to Penal Code section 1269c, bail deviation is available to process all bail
increase and decrease requests for persons who have been arrested (other than pursuant
to an arrest warrant) but not arraigned.
Law Enforcement requests to increase bail shall be made within two hours of booking
and must comply with Penal Code section 1269c. That section sets forth the procedures
and instances when upward bail deviation is appropriate. It is available:
a. As to those individuals arrested without a warrant for a bailable felony offense or
for the misdemeanor offense of violating a domestic violence restraining order,
and;
b.
c. When 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.
Under these circumstances, “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 . . . requesting an order setting a higher bail.” (Penal Code, §1269c.)
If applicable, Law Enforcement shall also communicate to the Probation Department
7.1.d
Packet Pg. 84
9
within two hours of booking: (1) Whether an enhancement to an offense is being sought;
and/or (2) whether the arrestee, booked on an o ffense designated as CR or BR, is an
exception from the release protocol due to their being on a grant of Parole, or Post
Release Community Supervision (PRCS) requiring magistrate review for the booked
offense.
All requests to increase or decrease bail should be called in, within two hours of booking,
at (213) 351-0373 or (800) 773-5151. Hours of operation are 6:30 a.m. to 1:30 a.m.
A request for upward bail deviation of an offense designated in the bail schedule as CR
or BR ($0 bail) may cause the arrest to be referred to a magistrate for review.
7.1.d
Packet Pg. 85
10
BUSINESS AND PROFESSIONS CODE
For all violations of the Business and Professions Code, pre-arraignment release protocol is CR
FISH AND GAME CODE
For all violations of the Fish and Game Code, pre-arraignment release protocol is CR, except for the following
offenses:
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
2006(a) Loaded Rifle or Shotgun in Vehicle BR
3001 Hunting While Intoxicated BR
3004(a)
(b)
Shooting Near Dwelling
Unlawful Discharge of Firearm, Arrow, or Crossbow Bolt Across a
Public Road
BR
3004.5(a)(1) Use of Unlawful Rifle or Pistol Ammunition
Second or Subsequent Offense BR
4370 Carry Gun During Archery Season BR
HARBORS AND NAVIGATION CODE
(See also Harbors - Title 19, Los Angeles County Code)
For all violations of the Harbors and Navigation Code, pre-arraignment release protocol is CR
HEALTH AND SAFETY CODE
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
7114 Autopsy Without Authorization BR
+
Ct.
7208 Unlawful Use, Sale or Disposal of Body BR
+
Ct.
11100(g) Sale/ Transfer/ Possession of Specified Chemicals Second or
Subsequent Offense
BR
11107.1 Sale/ Purchase of Specified Substances Second or Subsequent
Offense
BR
11153 Controlled Substance: Unlawful Prescription CR
Ct. 11162.6 Counterfeits/ Possesses/ Obtains Under False Pretenses or
Fraudulently Produces a Controlled Substance Prescription Form CR
11164 Controlled Substance: Unlawful Prescription Execution/ Content CR
CR
Ct.
11215 Unlawful Administration of Narcotics CR
CR
Ct
11350 Illegal Possession of Specified Controlled Substances CR
Ct.
11352.1 Dispense or Provide Dangerous Drug or Device CR
11357.5(b)(1)
(b)(2)
(b)(3)
Use/Possession of Synthetic Cannabinoid Compound/Derivative
Second Offense
Third or Subsequent Offense
CR
11362.81(a)(1)
(a)(2)
Medical Marijuana Program - Violation of Specified Provisions
Second Offense
CR
11364.1 Possession of Opium Pipe, Drug Paraphernalia CR
11366 Maintenance of Place for Disposal of Narcotics CR
7.1.d
Packet Pg. 86
11
HEALTH AND SAFETY CODE
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
11375.5(b)(1)
(b)(2)
(b)(3)
Use/Possession of Synthetic Stimulant Compound/Derivative
Second Offense
Third or Subsequent Offense
CR
11377 Possession of Controlled Substance CR
11550 Use or Under the Influence of Controlled Substance CR
12761 Possession of Flamethrowing Device Without Permit CR
13002 Littering of Flaming or Glowing Substance CR
105256 Refuse to Obey Order Regarding Lead Hazard:
Second Offense
CR
108240-108290 Hazardous Substances Act Violations CR
108800-108810 Label Requirements for Containers CR
110390 Disseminate False Advertisement of Food, Drug, Device or
Cosmetic CR
110395 Manufacture, Sell, Deliver, Hold or Offer for Sale Any Food, Drug,
Device or Cosmetic That Is Falsely Advertised CR
110403(a-an) Advertise Drug/ Device To Have Effect Upon Specified Conditions CR
110423.2 Sale/ Transfer/ Furnish a Dietary Supplement Containing
Ephedrine Group Alkaloids to a Minor CR
110620 Manufacture, Sell, Deliver, Hold or Offer for Sale Any Adulterated
Food CR
110625 Adulteration of a Food CR
110760 Manufacture, Sell, Deliver, Hold or Offer for Sale Any
Misbranded Food
CR
110765 Misbranding a Food CR
110775 Alter, Mutilate, Destroy, Obliterate or Remove Label or Labeling
Resulting in Misbranded Food
CR
110960 Hold or Display Any Potentially Hazardous Food Above 45 Degrees
Fahrenheit
CR
111295 Manufacture, Sell, Deliver, Hold or Offer for Sale Any Drug or
Device That Is Adulterated
CR
111300 Adulteration of a Drug or Device CR
111550 Sell, Deliver or Give Away New Drug or Device Without Approval by
Department
CR
111615 Manufacture a Drug or Device Without a License CR
Ct.
111765 Manufacture or Sell a Misbranded Cosmetic CR
Ct.
111865 Remove, Sell or Dispose of a Detained or Embargoed Food, Drug,
Device or Cosmetic Without Department Permission
CR
112075 Clean, Sterilize and Resell Reusable Bottles Without a License CR
Ct.
112400 Operating a Cold Storage or Refrigerating Warehouse Without a
License
CR
112505 Operate a Frozen Food Locker Plant Without a License CR
Ct.
112550 Failure to Maintain Legal Temperature Limits in a Frozen Food
Locker Plant
CR
115215 Radiation Control Law CR
Ct.
120280 Refusal to Cooperate with Local Health Officer Quarantine MR
Ct. 120290 Willful Exposure to Disease MR
Ct.
7.1.d
Packet Pg. 87
PENAL CODE
12
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
69 Obstruct/ Resist Public Official by Threats/ Violence MR
71 Threaten Injury to Public Official MR
76 Threaten Death/ Great Bodily Injury to Public Official or Judge MR
95.1 Threaten Juror MR
96.5 Obstruction of Justice by Judicial Officer, Commissioner, Referee CR
112 Manufacture False Government Documents to Conceal
Citizenship CR
131 Misrepresentation in Connection with an Investigation into
Specified Corporate Misconduct CR
135.5 Alter or Destroy Evidence in a Public Safety Officer Disciplinary
Proceeding CR
136.1(a,b) Witness Intimidation or Tampering MR
139 Felon Threatening Witness CR
140 Threaten Witness, Victim or Informant CR
141(a) Alter, Plant, Modify, etc. Evidence CR
146(a) Arrest or Detain a Person Against His or Her Will MR
146a(a) Impersonating an Officer MR
146g(a-b)
(c)
Disclose or Solicit Information for Financial Gain
Disclose or Solicit Unauthorized Photograph or Video
CR
148(a)(1) Interfere With a Police Officer CR
(a)(2) Interfere, etc., With Transmission of Communication Over a Public BR
BR
Safety Radio Frequency
(b) Taking Weapon From a Police Officer (Non-Firearm) BR
(d) Attempted Taking of Firearm from Police Officer MR
148.1 Make a False Bomb Report CR
148.2 Interfere With Emergency Personnel CR
148.4 Tamper With Fire Alarm, Equipment or False Alarm CR
148.5 Making a False Report CR
148.9 Falsely Representing Self as Another Person to a Peace Officer CR
149 Officer Unnecessarily Assaulting or Beating any Person MR
151(a)(1) Advocate Killing/ Injuring Peace Officer CR
152 Conceal or Attempt to Conceal an Accidental Death CR
152.3 Failure to Notify Peace Officer if Observed Commission of Murder,
Rape or Lewd or Lascivious Act by Force or Menace Against a
Child Victim Under 14 Years of Age
CR
166(a)(4) Willful Disobedience of Terms as Written of Any Process or Court MR
Order or Out-of-State Court Order
(a)(9) Willful Disobedience of Terms of Any Injunction that Restrains the MR
Activities of a Street Gang MR
(c)(1) Contempt of Court – Violation of Protective Order MR
(c)(2) Contempt of Court – Violation of Protective Order With Injuries MR
171c/ 171d Bring or Possess Loaded Firearms in Specified Offices CR
171.5 Possession of Weapon Within Sterile Area of Airport CR
7.1.d
Packet Pg. 88
PENAL CODE
13
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
171.7 Possession of Weapon Within Sterile Area of Public Transit Facility CR
186.22 Participation in Criminal Street Gang Activity MR
186.28 Supply, Sell, Give Firearm Used in Felony by Criminal Street Gang
Member
MR
191.5(b) Vehicular Manslaughter While Intoxicated Without Gross
Negligence MR
192(c)(1-2) Vehicular Manslaughter MR
192.5(b-d) Vehicular Manslaughter While Operating a Vessel MR
217.1(a) Assault on Public Official or Immediate Family of Public Official MR
236 False Imprisonment BR
241 Assault BR
241.5 Assault Committed Against Highway Worker BR
241.8 Assault on Member of United States Armed Forces BR
243(a) Battery BR
(b) Battery on Peace Officer/ EMT/ Firefighter, etc. MR
(c)(1) Battery on Custodial Officer/ EMT/ Firefighter, etc. With Injury MR
(c)(2) Battery on Peace Officer with Injury MR
(d) Simple Battery with Serious Bodily Injury MR
(e) Domestic Battery Without Traumatic Injury $20,000 + Ct.
243.2 Battery on School, Park, Hospital Property BR
243.25 Battery Against Elder or Dependent Adult MR
243.3 Battery on Transit Personnel or Passenger BR
243.4 Sexual Battery MR
243.6 Battery on School Employee BR
243.65 Battery Against Highway Worker BR
243.7 Battery Against a Juror MR
243.9 Aggravated Battery by Gassing Peace Officer or Employee of
Detention Facility MR
243.10 Battery Against Member of United States Armed Forces MR
244.5(b), (c) Use of Stun Gun or Taser on Any Person MR
245(a)(1) Assault With a Deadly Weapon MR
(a)(2) Assault With a Firearm MR
CR
(a)(4) Assault With Force Likely to Produce G.B.I. MR
245.6(c) Hazing Without Serious Bodily Injury BR
(d) Hazing Resulting in Death or Serious Bodily Injury MR
246 Shooting at an Occupied Dwelling/ Vehicle MR
246.3 Grossly Negligent Discharge of Firearm or BB Device MR
247(b) Shooting at an Unoccupied Dwelling/ Vehicle MR
247.5 Malicious Discharge of Laser at Occupied Aircraft MR
248 Interfere With Operation of Aircraft MR
261.5(b)
Unlawful Sexual Intercourse with Minor CR
B (c)
(d)
More than three years younger than perpetrator
Unlawful Sexual Intercourse by Defendant Over 21 With Person BR
MR
Under 16 years, perpetrator over 21
270 Willful Failure to Provide for Minor Child CR
7.1.d
Packet Pg. 89
PENAL CODE
14
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
270.6 Leave State with Intent to Avoid Spousal Support CR
271/ 271a Fail to Maintain Child Under 14 Years CR
272(a)(1) Contribute to the Delinquency of a Minor CR
(b)(1) Communicate With or Contact Minor for Luring or Transporting CR
Minor Away from Home
273a(a) Child Endangerment with Risk of Great Bodily Injury or
Death MR
(b) Child Endangerment Without Risk of Great
Great Bodily Injury or Death MR
273d Cruel or Inhuman Corporal Punishment or Traumatic Injury Upon a
Child MR
273i Publish Information with Intent that Another Use the Information to
Commit Crime Against a Child MR
273.5 Domestic Battery with Traumatic Injury $30,000
273.6(a) Violation of Protective Order if the detained person made
threats to kill or harm, has engaged in violence against, or has
gone to the residence or workplace of, the protected party
$30,000
(b) Violation of Protective Order with Injuries $30,000
273.65
Violation of Dependency Protective Order
MR
273.7 Malicious Disclosure of Trafficking Shelter or Domestic Violence
Shelter Location MR
278 Child Abduction Without Right of Custody MR
278.5 Child Abduction Depriving Custody or Visitation Right BR
280 Child Concealment BR
286(b)(1) Sodomy With Minor Under 18 Years MR
287(b)(1) Oral Copulation with a Minor MR
288(c)(1) Lewd/ Lascivious Act on Child of 14 or 15 Years MR
(c)(2) Lewd/ Lascivious Act on Dependent Person by Caretaker MR
288.2(a)(1)
(a)(2)
Distributes, etc. Harmful Matter Depicting a Minor Engaging in
Sexual Conduct with Intent to Seduce
Harmful Matter Not Depicting a Minor Engaged in Sexual Conduct
BR
BR
288.4(a)(1) Arrange Meeting With Minor For Purpose of Exposing or Procuring
Sexual Exposure or Engaging in Lewd Act BR
289(c) Penetration With Foreign Object of Mental Patient by Patient BR
(h) Assist Penetration Act Upon Minor with Foreign Object MR
289.5 Flee to California to Avoid Prosecution for Sex Offenses MR
289.6(a)(2-3) Sexual Activity, as Specified, With Person Confined in Public or
Private Detention Facility MR
290 Failure of Convicted Sex Offender to Register BR
290.46(j)(1) Use Information Disclosed on Sex Offender Internet Web Site to BR
Commit a Misdemeanor
(k) Sex Offender Prohibited from Entering Sex Offender Internet Web MR
Site
290.95(a,b) Failure to Disclose Sex Offender Status upon Application or BR
Acceptance of Position Involving Minors
(c) Prohibition on Registered Sex Offender Working with Minors BR
7.1.d
Packet Pg. 90
PENAL CODE
15
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
299.5(1)(A)
(1)(B)
Knowingly Use or Disclose Offender Sample or DNA Profile to an
Unauthorized Person/Agency for Unauthorized Purpose
Knowingly and for Financial Gain Use Offender Sample or DNA
Profile for Unauthorized Purpose or Disclose DNA or Other
Forensic Identification Information to Unauthorized Person/ Agency
for Unauthorized Purpose
BR
308.1 Import/ Distribute/ Offer to Sell/ Sell to an Unauthorized Person or
Business a Tobacco Product Known as "Beedies" or "Bidis" BR
311.1 Sale/ Distribution of Obscene Matter Depicting a Minor BR
311.2 (a) Production/ Distribution/ Exhibition of Obscene Matter BR
311.3 Sexual Exploitation of Child MR
311.4 Employment of Minor in Sale/ Distribution of Obscene Matter or
Production of Pornography MR
313.1(a-c) Distribute Harmful Matter to Minor BR
314(1) Indecent Exposure MR
330 Gambling (12 specified games or where there exists a "bank") CR
332 Theft by Trick or Device
CR
337a
(b)
(c)
Bookmaking
Second Offense
Third or Subsequent Offense
CR
BR
BR
337j Controlled Game CR
337u Engage in Acts of Cheating in Gambling Games CR
337v Use or Possess Device that Assists in Gambling CR
337w Use of Counterfeit Wagering Instruments CR
337x Cheat in a Gambling Establishment CR
337y Manufacture or Sell Prohibited Device / Mark or Alter Gaming
Device / Instruct Another in Cheating
CR
347(b) False Report of Poisoning food, drink, medicine, pharmaceutical
product, or water CR
368(b)(1)
(c)
(d)
(e)
Elder Abuse with Risk of Great Bodily Injury, Inflicting Pain
Elder Abuse without Risk of Great Bodily Injury, Inflicting Pain
Second Offense
Theft/ Embezzlement, etc. of Elder by Non-caretaker
With Value Not Exceeding $950
With Value Exceeding $950
Theft/ Embezzlement, etc. of Elder by Caretaker
with Value Not Exceeding $950
with Value Exceeding $950
BR
CR
MR
CR
CR
CR
CR
CR
7.1.d
Packet Pg. 91
PENAL CODE
16
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
369g Drive On or Along Railroad Track or Right of Way CR
369i Trespass on Railroad Property CR
374c Shooting on a Public Highway CR
374.2 Malicious Discharge of Toxic Waste Without Permit CR
374.3(a,b)
(h)
Dump or Deposit Waste, Rocks or Dirt on Roads or Highways
Dump or Deposit Waste in Commercial Quantities
CR
CR
374.7 Littering of Waste in Waters CR
375 (a) – (c) Discharge of Noxious/ Injurious Substance CR
379 Sale, etc. Salvia Divinorum or Salvinorin A to a Minor CR
381c Sell or Furnish a Device or Receptacle Containing Nitrous Oxide
to a Minor CR
399(b) Keep Mischievous Animal That Causes Serious Bodily Injury CR
399.5 Owner/ Custodian of Dog Trained to Fight, Attack or Kill That
Inflicts Substantial Physical Injury or Bites a Human Being on Two
Separate Occasions
MR
402 Interfere With Emergency Personnel BR
404.6(a)
(c)
Incitement to Riot
Incitement to Riot in Prison or Jail, With Serious Bodily Injury
BR
BR
405 Rioting BR
409 Fail to Disperse from Riot BR
409.5 Authority of Peace Officers to Close Disaster Area BR
416 Assembly for Purpose of Disturbing the Peace CR
417(a)(1) Brandishing a Deadly Weapon MR
(a)(2) Brandishing a Firearm MR
(b) Brandishing a Firearm at a Daycare Center MR
(c) Brandishing a Firearm in the Presence of a Peace Officer MR
417.25 Aim or Point a Laser Scope or Pointer at a Person in a
Threatening Manner BR
417.26 Aim or Point a Laser Scope or Pointer at a Peace Officer with
Specific Intent to Cause Apprehension or Fear of Bodily Harm BR
417.4 Brandishing a Fake Firearm BR
417.6 Brandishing A Deadly Weapon or Firearm with Serious Bodily
Injury MR
422 Criminal Threats MR
422.4 Publish Information with Intent that Another Use the Information to
Commit A Violent Crime Against an Academic Researcher BR
422.6 Interference With Civil Rights BR
422.7 Aggravated Interference with Civil Rights BR
422.77 Violate Order for Injunctive Relief for Interference with a Person's
Free Exercise of a Legal Right or Privilege BR
7.1.d
Packet Pg. 92
PENAL CODE
17
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
423.2(a) By Force, Threat of Force or Physical Obstruction That Is a Crime
of Violence, Attempt to or Intentionally Injure, Intimidate or Interfere
With a Reproductive Health Services Client, Provider or Assistant
MR
423.2(b) By Force, Threat of Force, or Physical Obstruction That Is a Crime
of Violence, Attempt to or Intentionally Injure, Intimidate or Interfere
With a Person's Lawful Exercise of Religious Freedom at Place of
Religious Worship
Second Offense
MR
MR
423.2(c) By Nonviolent Physical Obstruction, Attempt to or Intentionally
Injure, Intimidate or Interfere With a Reproductive Health Services
Client, Provider or Assistant, or Intimidate Persons/ Entities From
Becoming or Remaining the Same
Second Offense
BR
BR
423.2(d) By Nonviolent Physical Obstruction, Attempt to or Intentionally
Injure Person's Lawful Exercise of Religious Freedom at Place of
Religious Worship
Second Offense
BR
BR
423.2(e) Intentionally Damage/ Destroy Property of a Reproductive
Services Client, Provider, Assistant or Facility
Second Offense
BR
MR
423.2(f) Intentionally Damage/ Destroy the Property of a Place of Religious
Worship
Second Offense
BR
MR
452 (a)
(b)
(c)
Recklessly Causing a Fire with Great Bodily Injury
Recklessly Causing a Fire, Inhabited Structure
Recklessly Causing Fire, Structure or Forest Land
MR
MR
MR
459 Burglary BR
459.5 Shoplifting If Value Does Not Exceed $950 and No Disqualifying
Prior Conviction(s)
BR
463 Petty Theft During a State of Emergency or Local Emergency or
Under Evacuation Order MR
468 Knowingly Buy or Sell Sniperscope BR
470(d) Forgery of an Instrument Listed in 473(b) If Value Does Not Exceed
$950
CR
475 Forged Bills or Notes, Possession or Receipt If Value Does Not
Exceed $950
CR
476 Fictitious Checks, Making, Uttering If Value Does Not Exceed $950 CR
476a N.S.F. Checks with Aggregate Total That Does Not Exceed $950 CR
483.5(b) Possess Document-Making Device with Intent to Defraud CR
488 Petty Theft CR
487(a), (b) Petty Theft, Not Qualifying as Shoplifting, If Value Does Not
Exceed $950 and No Disqualifying Prior Conviction(s) CR
487a Petty Theft of Horse or Other Livestock If Value Does Not Exceed
$950 and No Disqualifying Prior Conviction(s)
CR
7.1.d
Packet Pg. 93
PENAL CODE
18
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
487b & 487c Petty Theft – Conversion of Real Property If Value Does Not
Exceed $950 and No Disqualifying Prior Conviction(s)
CR
487d Petty Theft of Gold Dust, Amalgam or Quicksilver If Value Does
Not Exceed $950 and No Disqualifying Prior Conviction(s)
CR
487f Petty Theft of Companion Animal If Value Does Not Exceed $950 CR
487g Petty Theft of Animal for Purpose of Sale, Medical Research,
Slaughter or Other Commercial Use If Value Does Not Exceed
$950 and No Disqualifying Prior Conviction(s)
CR
487h Petty Theft of Cargo If Value Does Not Exceed $950 and No
Disqualifying Prior Conviction(s)
CR
487i Defraud a Housing Program of a Public Housing Authority If Loss
Does Not Exceed $950 and No Disqualifying Prior Conviction(s) CR
487j Petty Theft of Copper Materials If Value Does Not Exceed $950
and No Disqualifying Prior Conviction(s) CR
490.4(a)(1-3)
(a)(1-3)
(a)(4)
Retail Theft Committed on 2 or More Separate Occasions Within
12-Month Period and Aggregated Value Exceeds $950
Retail Theft Committed in a Manner Not Described Above
Retail Theft Committed by Recruiting, Coordinating etc. Another to
Undertake Specified Acts
CR
CR
CR
496 Receiving Stolen Property with Value Less Than $950 CR
With Value Exceeding $950
496d Purchase, Receive, Sell, Stolen/ Extorted Vehicles, Vessels or
Equipment CR
502(c)(1-5) Unlawful Computer Access, Data Usage, Data Damage, Deletion
or Alteration, Nonpermitted Use of or Disruption/ Denial of
Computer Services
BR
502(c)(8) Unlawful Introduction of Contaminant into Any Computer System/
Network
BR
502(c)(10) Disruption of Government Computer System/ Denial/ Causing the
Denial of Services
BR
502(c)(11) Add, Alter, Damage, Delete or Destroy Any Data, Computer
Software or Computer Programs Associated with a Public Safety
Infrastructure Computer, System Network
BR
502(c)(12) Disruption of Public Safety Infrastructure Computer or Denial or
Causing the Denial of Services
BR
502(c)(14) Introduce Computer Contaminant into Public Safety Infrastructure
Computer/ System/ Network
BR
502.6 Possession or Use of Scanning/ Reencoder Device to Access,
etc. Information Encoded on Payment Card with Intent to Defraud
CR
528.5 Impersonate Another Person on an Internet Web Site for the
Purpose of Harming Another Person
BR
529.7 Obtaining False DMV-Issued Documents CR
530.5 Misuse of Personal Information CR
7.1.d
Packet Pg. 94
PENAL CODE
19
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
532b(c)(1)
(c)(2)
Fraudulently Represent Self as Having Been Awarded Military
Decoration with Intent to Obtain Tangible Benefit
Veteran Fraudulently Represent Self as Having Been
Awarded Military Decoration with Intent to Obtain Tangible
Benefit
CR
CR
532d False Statement in Soliciting for Charitable Purpose CR
532f Mortgage Fraud CR
538c Insert Unauthorized Advertisement into Newspaper for
Redistribution CR
538d(a) Fraudulent Use of Uniform, Insignia, Emblem, Device, Label BR
BR
BR
Certificate, Card or Writing of Peace Officer or Impersonation of
Peace Officer by Internet or Other Electronic Means
(b)(1-2) Fraudulent Use of Peace Officer's Badge
(c) Unlawful Wearing, Using, Making, Selling, Loaning, Giving or
Transferring of Peace Officer's Badge, etc.
538e Fraudulent Impersonation of a Member of Fire Department or
Officer of the State Fire Marshal or Impersonation of Member or
Officer by Internet or Other Electronic Means
CR
538g Fraudulent Impersonation of Public Officer or Employee or
Impersonation by Internet or Other Electronic Means BR
538h Fraudulent Impersonation of a Government Agency Search and
Rescue Unit/Team Officer/Member
BR
591.5 Destruction of Wireless Communication Device to Prevent
Summoning Law Enforcement BR
594
CR
BR
(b)(2)(A) Vandalism, Less Than $400 Damage
(b)(2)(B) Vandalism, With a Prior Conviction and Less Than $400 Damage
594.3(a) Vandalism of a Place of Worship or Cemetery CR
594.35 Vandalism of Cemetery Grave Markers and Buildings or
Interference with Funerals or Interments CR
594.37 Picketing at a Funeral CR
594.39 Obstructing, Intimidating, or Harassing Persons at Vaccination
Sites
CR
597.6 Declaw Exotic or Native Wild Cat CR
597b (a) – (b)
(c)
Animal Fighting or Cockfighting
Second or Subsequent Offense
CR
BR
597c Spectator at Animal Fighting Exhibition CR
597i Manufacture/ Buy/ Sale/ Possess Gaffs or Slashers
BR
597j Own/ Possess/ Train Any Bird or Animal for Fighting Exhibition
CR
597.7 Confine Animal in Unattended Motor Vehicle CR
599f Prohibitions Against Non-ambulatory Animals CR
600.2(c) Injury or Death of Guide, Signal or Service Dog Caused by Reckless
Disregard in Exercising Control of Another Dog
CR
7.1.d
Packet Pg. 95
PENAL CODE
20
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
600.5(a) Intentionally Cause Injury to or the Death of Guide, Signal or
Service Dog
CR
601 Trespass With Credible Threat BR
602(h)
Trespass Upon Land Whereon Animals are Being Raised for
Human Consumption
BR
602(k) Trespass to Injure Property/ Interfere with Business CR
602(o) Refusal to Leave Private Property CR
602(q) Refusal to Leave Public Building
CR
602(u)(2)(A) Enter Restricted Area of Any Airport Operations Area / Passenger
Vessel Terminal / Public Transit Facility: Second or Subsequent
Offense
:
BR
602(u)(2)(B) Refusal to Leave Restricted Area of any Airport / Passenger
Vessel Terminal / Public Transit Facility After Request
BR
602(v)(1) Avoid Inspection When Entering Sterile Area of Airport /
Passenger Vessel Terminal / Public Transit Facility: Second or
Subsequent Offense
MR
602(v)(2) Avoid Inspection When Entering Sterile Area of Airport that Causes
Delays / Cancellations of Scheduled Flights
BR
602(w) Trespass to Battered Women’s Shelter CR
602(x)(2)(B) Refusal to Leave Neonatal Unit After Request to Leave CR
602(x)(2)(C) Refusal to Leave Neonatal Unit After Request to Leave: Second or
Subsequent Offense
BR
602(y) Avoid Inspection When Entering Courthouse or Other
Governmental Building
CR
602.1 Intentional Interference with Business CR
602.5(a)
(b)
Unauthorized Entry of Dwelling
Aggravated Trespass
CR
602.9 Rent Skimming CR
602.12 Trespass on Residential Property of an Academic Researcher for
Purpose of Chilling Academic Freedom CR
602.13 Unlawful Entry into an Animal Enclosure at a Zoo or Circus CR
626.2 Unauthorized Reentry to School After Suspension or Expulsion with
Prior or 415.5 Conviction
CR
626.6 Entry to Campus to Disrupt with Prior or 415.5 Conviction CR
626.7 Failure to Leave Campus
With Prior or 415.5 Conviction
CR
BR
7.1.d
Packet Pg. 96
PENAL CODE
21
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
626.8(a)(1-3)
(a)(4)
School Disruption
With Prior or 415.5 Conviction
With Intent to Threaten Physical Safety of a Pupil
CR
BR
626.81 Sex Offender on Campus with Prior BR
626.85 Drug Offender on Campus with Prior or 415.5 Conviction CR
626.9 (f)(2)(B) Possession of a Firearm on Within 1,000 Feet from School
Grounds
MR
626.95 Firearm or Deadly Weapon on Playgrounds or Youth Centers MR
626.10 Possession of Dangerous Weapon on School grounds BR
637.7 Unlawful Use of Electronic Tracking Device CR
637.9 Prohibited Activities of List Broker re Personal Information of
Minors CR
638.51(a) Unlawful Use of Pen Register CR
640(c)(1-3) Evade Payment of Fare, Misuse Fare Media, or Misuse of
Discount Fare: Third or Subsequent Offense
CR
640(d)(1-5) Willfully Disturb Others, Carry Explosive or Hazardous Substance,
Urinate / Defecate, Willfully Block Free Movement of Another
Person on or in a System Facility, or Willfully Tamper with or
Destroy Any Part of Any Facility or Vehicle of a Transportation
System
CR
646.9 Stalking $50,000
647(b) Solicit or Engage in Prostitution
With Pending 647(b) Charges
BR
647(c) Accosting Others in Public to Beg/Soliciting Alms CR
647(e) Lodging Without Permission CR
647(f) Public Intoxication CR
647(h) Prowling/ Loitering/ Wandering on Private Property CR
647(i) While Loitering/ Prowling/ Wandering Upon Private Property, Peek
in the Door or Window of an Inhabited Building
Second or Subsequent Offense
BR
MR
647(j)(1) View by Means of an Instrumentality into Private Area
Second or Subsequent Offense
BR
BR
(j)(2) Use Concealed Camcorder or Camera of Any Type to Secretly
Tape, Film, Photograph Under/ Through the Clothing of a Person
with Intent to Arouse
BR
(j)(3) Use Concealed Camcorder or Camera of Any Type to Secretly
Tape, Film, Photograph in the Interior of a Bedroom, etc. With Intent
to Invade Privacy of Another
With Prior Conviction of 647(j)
CR
BR
(j)(4) Distribute Private Image of Intimate Body Part(s) of Another
Second or Subsequent Offense
CR
7.1.d
Packet Pg. 97
22
PENAL CODE
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
647(l) Solicit or Engage in Prostitution with a Minor
With Pending 647(b) or 647(l) Charges
BR
647.6 Child Molestation/ Annoying BR
647.9 Capture of Photographic Image of Deceased Person by First
Responder
CR
653b(a)
(b)
(c)
Loitering About School Grounds
Sex Offender Loitering About School Grounds with Prior
Registered Gang Member Loitering About School Grounds
CR
BR
BR
653c Sex Offender Entry onto the Grounds of Day Care or Residential
Facility for Elders Without Registering with Facility Administrator
With Prior
BR
MR
653f(a)
(d)
Solicitation of Certain Felonies
Solicitation of Drug Offenses
CR
CR
653m Make Annoying Telephonic or Electronic Contact CR
653y(b)
Knowing Misuse of 911 Emergency System for Purpose of
Harassment: Second or Subsequent Offense
BR
653y(c) Knowing Misuse of 911 Emergency System for Purpose of
Harassment as Hate Crime
CR
653z Operate Recording Device in Motion Picture Theater CR
653aa Electronically Disseminate a Commercial Recording or Audiovisual
Work CR
653.2 Electronically Distribute Personal Identifying Information to Incite
Unlawful Action CR
653.23 Supervise/ Recruit/ Aid Person in Committing an Act of Prostitution CR
CR 666 Petty Theft with Prior Conviction CR
853.7 Willful Violation of Promise to Appear
CR
1203.2 Warrantless Probation Violation Arrest MR
1299.11 Noncompliance with the Bail Fugitive Recovery Persons Act BR
1320 Willful Failure to Appear After Release on Own Recognizance BR
3003.5 Residing With Another Required to Register as Sex Offender CR
3003.6 Sex Offender Residing, Working or Volunteering in Facility/Home
that Provides Foster Care or is a Placement for a Dependent Child
CR
3010.10 Removal of Electronic, GPS or Other Monitoring Device by One
Required to Register as Sex Offender
CR
4501.1 Aggravated Battery by Gassing Officer or Employee of Prison BR
4532 Escape From Jail, Prison, Industrial Farm, Alternative Custody
Program, etc.
MR
4550 (b) Rescue of Prisoner CR
4570 Communication With Prisoner CR
4570.5 Fraudulent Entry into Correctional Institute CR
7.1.d
Packet Pg. 98
PENAL CODE
23
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
4575 (d) Possession of Handcuff Key by Inmate CR
4576 Possession of a Wireless Communication Device w/ Intent to
Deliver to an Inmate CR
11166.01(b) Willful Failure of Mandated Reporter to Report Abuse Where
Abuse Results in Death or Great Bodily Injury CR
11411 Burn or Desecrate Religious Symbol or Hang Noose at School or
on Private Property of Another CR
17500 Possession of Deadly Weapon with Intent to Assault MR
17510(a)(1) Carrying Concealed Firearm on Person or in Vehicle While CR
MR
MR
Picketing
(a)(2) Carrying Loaded Firearm on Person or in Vehicle While Picketing
(a)(3) Carrying Deadly Weapon While Picketing
18205 Possession of Firearm or Ammunition in Knowing Violation of TRO CR
18710 Possession of Destructive Device CR
18735 Sale, Possession or Transport of Fixed Ammunition - Caliber
Greater Than .60 Caliber CR
19200 Manufacture, Sale, Possession, etc., Metal Military Practice Hand
grenade: Second Offense or Gang-Member
CR
19910 Sale of BB Device, Air or Gas-operated Gun to Minor BR
19915 Furnishing BB Device, Air or Gas-operated Gun to Minor CR
20310 Manufacture, Sale, Possession, etc., Air Gauge Knife CR
20410 Manufacture, Sale, Possession, etc., Belt Buckle Knife CR
20510 Manufacture, Sale, Possession, etc., Cane Sword CR
20610 Manufacture, Sale, Possession, etc., Lipstick Case Knife CR
20710 Manufacture, Sale, Possession, etc., Shobi-zue CR
20810 Commercially Manufacture/ Import/ Export/ Sale Knives Not
Detectable by a Metal Detector CR
20910 Manufacture, Sale, Possession, etc., Writing Pen Knife CR
21110 Manufacture, Sale, Possession, etc., Ballistic Knife CR
21710 Commercially Manufacture/ Import/ Sale Composite Knuckles or
Hard Wooden Knuckles CR
21810 Manufacture, Sale, Possession, etc., Metal Knuckles CR
22010 Manufacture, Sale, Possession, etc., Nunchaku CR
22210 Manufacture, Sale, Possession, etc., Leaded Cane, Billy,
Blackjack, Sandbag, Sandclub, Sap or Slungshot CR
22410 Manufacture, Sale, Possession, etc., Shuriken CR
22900 Sale, Possession, etc. Tear Gas Weapon CR
23920 Purchase/Sale/Possession/Transfer Unm arked Firearm CR
24310 Manufacture, Sale, Possession, etc., Camouflaging Firearm
Container
CR
24410 Manufacture, Sale, Possession, etc., Cane Gun CR
24510 Manufacture, Sale, Possession, etc., Firearm Not Readily
Recognizable as a Firearm
CR
24610 Manufacture, Sale, Possession, etc., Undetectable Firearm CR
24710 Manufacture, Sale, Possession, etc., Wallet Gun CR
25850 Carrying a Loaded Firearm in Public MR
7.1.d
Packet Pg. 99
24
PENAL CODE
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
25100(a) Criminal Storage of Firearm of First Degree CR
CR
CR
(b)
(c)
Criminal Storage of Firearm of Second Degree
Criminal Storage of Firearm of Third Degree
25200(a) Keep Concealable Firearm, Loaded or Not, Within Premises BR
BR
Under Custody/ Control, With Knowledge That Child Under 18 Is
Likely to Access, and Child Carries It Off Premises
(b) Concealable Firearm Kept on Any Premises Under Custody/
Control With Knowledge That Child Is Likely to Access, and Child
Carries It to School or School-sponsored Activity, as Specified
25400 Carrying a Concealed or Concealable Firearm BR
26350 Openly Carrying an Unloaded Handgun in a Public Place, Street,
or Vehicle BR
26400 Carrying Unloaded Firearm on Person Outside of Vehicle BR
27535 Application to Purchase Within Any 30-day Period More Than One
Pistol, Revolver, or Firearm Capable of Being Concealed Upon the
Person Prohibited: Third or Subsequent Offense
MR
28215 Falsify Firearm Purchaser Information BR
29010 License Requirements for Firearm Manufacturer CR
29180(g) Possession of Firearm Without Serial Number MR
29525 Falsify Information on An Entertainment Firearms Permit CR
29805 Possession of a Firearm by Person Convicted of Specified
Misdemeanor or Has Knowledge of an Outstanding Warrant
MR
29815 Possession of a Firearm by Person Prohibited by Probation
Condition
MR
29820 Possession of a Firearm by Person Adjudged Ward of Court for
Specified Offense
MR
29825 Purchase/Receipt/Ownership/Possession of Firearm by Person
Prohibited by TRO, Injunction, or Protective Order
MR
30105(h) Require Firearms Eligibility Check CR
30210 Manufacture, Sale, Possession, etc., Ammunition with Flechette
Dart or Bullet With Explosive Agent
CR
31500 Manufacture, Sale, Possession, etc., Unconventional Pistol BR
32310(a) Manufacture, Sale, , etc., Large Capacity Magazines BR
32311 Manufacture, Sale, , etc., Large Capacity Magazine Conversion Kits BR
32900 Manufacture, Sale, Possession, etc., Multiburst Trigger Activator CR
33215 Manufacture, Sale, Possession, etc., Short-barreled Shotgun or
Rifle
CR
33600 Manufacture, Sale, Possession, etc., Zip Gun CR
33850 Furnish Fictitious Name or Information to Obtain Possession of
Firearm in Control of Court or Law Enforcement Agency
CR
PUBLIC RESOURCES CODE
For all violations of the Public Resources Code, pre-arraignment release protocol is CR
7.1.d
Packet Pg. 100
VEHICLE CODE
25
GENERAL PROVISIONS
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
20 False Statements CR
31 False Statements to Peace Officer CR
DIVISION 2 – ADMINISTRATION
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
1808.45 Unauthorized Disclosure of DMV Records CR
Ct. 2468(a) Failure of Licensed Renderer to Keep Written Records of
Ct. Inedible Kitchen Grease CR
(b) Refusal of Licensed Renderer or Registered Transporter to
Exhibit Required Record or Destruction of Required Record
2800(a) Refusal to Obey Peace Officer BR
(b) Refusal to Comply With Peace Officer’s Out-of-Service Order
(c) Refusal to Comply With U.S. Secretary of Department of
Transportation's Out-of-Service Order
2800.1(a,b) Fleeing Peace Officer Prohibited MR
2800.2(a) Evade Peace Officer - Disregard for Safety MR
2800.3 Evade Peace Officer - Causing Death or Great Bodily Injury MR
2800.4 Driving Opposite to Direction of Lawfully Moving Traffic While
Fleeing Peace Officer MR
2801 Refusal to Obey Firefighter Prohibited CR
2803(a) Refusal to Adjust Unsafe or Unlawful Load BR
(b) Failure to Submit Weight Certificate or Bill of Lading to Officer
2813 Commercial Vehicle Inspection CR
2813.5 (b) Use or Issuance of Unauthorized Inspection Stickers CR
DIVISION 3 – REGISTRATION
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
4461(b) Unlawful Lending/Use of Disabled Person Placard CR
(c) Unlawful Display of Disabled Person Placard
(d) Unlawful Use of Special Identification Plate
4462.5 Unlawful Display of Evidence of Registration With Intent to
Avoid Compliance CR
4463(b)(1-3),(c)
Unlawful Forgery, Passing, Possession, Sale or Display of
Disabled Person Placard With Fraudulent Intent
CR
5506 Resell/ Transfer of Total Loss Salvage Vehicle CR
5753(a-d)
(f)
Failure of Commercial Dealer to Deliver Certificate of
Ownership and Registration Card to Transferee
Failure of Licensed Dealer Upon Written Request to Disclose
Pertinent Information
CR
7.1.d
Packet Pg. 101
26
VEHICLE CODE
DIVISION 3 – REGISTRATION
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
5901 Notice by Dealer, etc. of Transfer or Mileage CR
8802 Failure to Return Evidence of Registration to DMV Upon
Cancellation, Suspension, or Revocation When Committed With
Intent to Defraud
CR
8804 Resident Registering Vehicle in Foreign Jurisdiction CR
DIVISION 3.5 – VESSELS
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
9872 Defacing, Destroying or Altering Hull Identification Number CR
+ Ct. 9872.1(a) Knowingly Buy, Sell or Possess Altered/ Destroyed Hull
Identification Number CR
DIVISIONS 4 AND 5 - ANTITHEFT LAWS AND OCCUPATIONAL LICENSING
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
10501(a) False Report of Vehicle Theft With Intent to Deceive CR
+ t CR. 10750(a) Unauthorized Alteration of Vehicle Numbers or Identification
Marks CR
10751(a) Knowing Purchase, Sale, or Possession of Vehicle With
Removed, Defaced, Altered, or Destroyed Registration or
Identification Numbers
CR
10851(a) Taking or Driving Vehicle Without Consent CR
10851.5 Theft of Binder Chains CR
10852 Injuring or Tampering With Vehicle or Contents Without Consent
of Owner
CR
10853 Climbing Onto, Attempting to Manipulate, or Tampering With
Unattended Vehicle With Intent to Commit Malicious Injury,
Mischief, or Crime
CR
10854 Tampering With, Driving, or Removing any Part of Vehicle by
Bailee
CR
11500 Conducting Business as Automobile Dismantler Without Valid
Permit/License and Official Place of Business
CR
11515(a,b,d,e) Salvage Vehicle Notice and Certificate Requirements CR
11520(a) Failure of Licensed Auto Dismantler to Provide Required Notice
to DMV and DOJ Within Required Time
CR
11700 Acting as Dealer, Remanufacturer, Manufacturer, Transporter,
or Distributor Without A Valid License
CR
11713(a-t) Engage in Prescribed Unlawful Acts by a Licensed
Manufacturer, Transporter or Dealer
CR
7.1.d
Packet Pg. 102
VEHICLE CODE
27
DIVISIONS 4 AND 5 - ANTITHEFT LAWS AND OCCUPATIONAL LICENSING
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
11713.17(a,b) Violation by Dealer, Manufacturer, or Distributor of Requirements
for Securing Front License on Vehicle
CR
11725(a) Removal of Vehicle to Foreign Jurisdiction for Registration CR
(b) Failure to Remove License Plates From Vehicle if Known That
Vehicle Is to be Exported to Foreign Jurisdiction
11800 Conduct of Business as Vehicle Salesperson Without Valid License CR
12110(a) Providing or Requesting a Commission, Gift or Compensation
in Consideration of Arranging or Requesting the Services of a
Tow Truck
CR
CR
(c) Exchange of Valuable Consideration Between Towing Service
or Employee of Towing Service and Repair Shop or Employee
of Repair Shop for the Delivery or Arranging of Delivery of a
Vehicle for Storage or Repair
DIVISION 6 - DRIVERS’ LICENSES
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
12500(a) Unlawful to Drive Unless Licensed (No License) CR
12515(b)
Minor Under 21 Employed to Drive in Interstate Commerce or Carry
Hazardous Materials CR
12517(a)(2) Operation of School Bus Without Certificate in Possession While Transporting Pupils CR
(b) Operation of School Pupil Activity Bus Without Certificate in
Possession While Transporting Pupils
12517.45(a) Unlawful Operation of Specified Vehicle Transporting Pupils CR
12519(a) Farm Labor Vehicle License CR
12951(b)
Refusal to Present License to Officer CR
13004(a-g) Identification Card - Unlawful Use CR
13004.1(a) Manufacture or Sale of Fraudulent I.D. CR
14601(a) Driving When Privilege Suspended or Revoked
CR
14601.1(a) Driving When Privilege Suspended or Revoked for Offenses Not
Relating to Driving Ability
CR
14601.2(a,b) Driving When Privilege Suspended or Revoked for Driving Under
Influence of Alcohol/Drugs
CR
7.1.d
Packet Pg. 103
28
VEHICLE CODE
DIVISION 6 - DRIVERS’ LICENSES
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
14601.3(a) Accumulation of Driver Record History by Habitual Traffic
Offender During Period of License Suspension or After
Revocation
CR
14601.4(a) Causing Bodily Injury While Driving with Suspended or Revoked
License
BR
14601.5(a,b) Driving When Privilege Suspended or Revoked for Refusing
Chemical Test or Driving with Excessive Blood Alcohol Second
Offense (Section 14601, 14601.2, 14601.3,
14601.5 Within 5 Years)
CR
CR
14604(a) Knowingly Allow Another to Drive Vehicle Without Valid Driver's
License CR
14610(a)(1-8) Unlawful Use of License CR
14610.1(a) Manufacture or Sale of Fraudulent I.D./Driver’s License Prohibited CR
15501 Presentation of False Driver's License by Minor CR
DIVISION 7 - FINANCIAL RESPONSIBILITY
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
16030(a) Knowingly Provide False Evidence of Financial Responsibility CR
+ Ct. 16560(a,b) Violation of Interstate Highway Carrier Requirements CR
+ Ct.
DIVISION 10 - ACCIDENTS AND ACCIDENT REPORTS
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
20001(a) Duty to Stop When Involved in Accident With Injury or Death CR
20002(a,b) Hit and Run - Property Damage CR
20003 Failure to Provide Required Information or Render Necessary
Assistance to Occupants of Struck Vehicle With Accident Resulting
in Injury or Death
CR
DIVISION 11 - RULES OF THE ROAD
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
21200.5 Bicyclist Riding Under the Influence
CR
21464(d)
Willful Interference With Traffic Device or Willful Use,
Possession, or Distribution of Traffic Interference Device
That Results in Injury or Death
CR
7.1.d
Packet Pg. 104
VEHICLE CODE
29
DIVISION 11 - RULES OF THE ROAD
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
21651(b)
(c)
Wrong Way Driving
Wrong Way Driving With Injury or Death
CR
21655.9(c) Operate or Own Vehicle That Displays Low-Emission Decal Not
Issued for the Vehicle
CR
21702(a,b) Limitation on Driving Hours CR
21713 Armored Car Without License CR
21963 Blind Pedestrians - Right of Way CR
22406.1 Maximum Speed for Commercial Vehicles
- In Excess of Speed Limit by 15 MPH or More
CR
22513(b)
(c)
Stop to Solicit Towing Services Towing Without
Authorization
BR
22520.5(a) Vending on Freeway Right-of-Way (Second Offense) CR
22658 Failure of Tow Company or Driver on Request by Owner
or Owner’s Agent to Release Vehicle Removed from Private
Property Not Yet in Transit
CR
23103(a,b) Reckless Driving CR
23104(a,b) Reckless Driving – Bodily Injury BR
23105(a) Reckless Driving – Specific Injury BR
23109(a) Engaging in Speed Contests CR
(b) Abetting Speed Contests CR
(c) Engaging in or Abetting Exhibition of Speed CR
(d) Placing Barricades or Obstructions CR
(e)(2) Engaging in Speed Contest and Causing Bodily Injury BR
(f)(1) Engaging in Speed Contest With Prior BR
(f)(2) Engaging in Speed Contest and Causing Bodily Injury MR
With Prior
23109.1 Engaging in Speed Contest – Specific Injury BR
23110(a) Throwing Substance at Vehicle Prohibited CR
23112.5(a) Hazardous Materials - Notification of Agency CR
23114(a,b,e,f) Spilling Load on Highway Prohibited (Second or Subsequent
Offense Within 2 Years)
BR
23127 Unauthorized Motor Vehicle on Riding/ Hiking Trails CR
7.1.d
Packet Pg. 105
30
VEHICLE CODE
DIVISION 11 - RULES OF THE ROAD
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
23152(a-g)* Driving Under Influence of Alcohol and/or Drugs
One Prior Conviction Within 10 Years
Two or More Prior Convictions Within 10 Years
Add for Traffic Collision, BAC Greater Than .15% or
Refusal
Add for Both Traffic Collision and BAC Greater Than .15% or
Refusal
BR
BR
MR
BR
BR
MR
23153(a-g) Driving Under Influence Causing Injury
One Prior Conviction
Add for BAC Greater Than .15%
MR
MR
MR
23224(a,b) Possession of Alcohol by Minor In a Vehicle Prohibited CR
23247(a)
(b-e)
Unlawful to Rent/ Loan Vehicle to Person With License Restriction
Requiring Ignition Interlock Device
Unlawful to Request/ Solicit Someone to Blow Into Device/ Start
Motor Vehicle With Device; to Drive Unequipped Vehicle; Tamper
With Vehicle Requiring Interlock Device
CR
23253 Failure to Obey CHP or DOT Officers at Vehicular Crossing CR
23332 Trespass on Vehicular Crossing CR
DIVISION 11.5 – DUI
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
23573(i) Willful Failure to Install Ignition Interlock Device Within Required
30 Days BR
CHAPTER 1 OF DIVISION 12 - GENERAL PROVISIONS
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
24002.5(a) Unlawful Operation of a Farm Labor Vehicle CR
24011.3(c)(1) Passenger Vehicle Manufacturer - Willful Failure to Affix CR
Bumper Strength Notice or Willful Misstatement of Information in the Notice (c)(2) Willful Defacement, Alteration or Removal of New Vehicle CR
Bumper Strength Notice Prior to Delivery of the Vehicle
7.1.d
Packet Pg. 106
VEHICLE CODE
31
CHAPTER 5 OF DIVISION 12 - OTHER EQUIPMENT
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
27150.1 Sale of Exhaust Systems Restricted CR
27362(a) Sale or Installation of Non-Conforming Child Restraint System CR
28050 Advertisement, Sale, Use or Installation of Device Causing Motor
Vehicle Odometer to Register Mileage Other Than True Mileage
Driven
CR
28050.5 Operation of Motor Vehicle Knowing the Odometer Is
Disconnected or Nonfunctional with Intent to Defraud CR
28051 Disconnecting, Turning Back or Resetting Odometer of Motor
Vehicle
CR
28051.5 Advertisement, Sale or Use of Device Designed for Purpose
of Turning Back or Resetting Odometer to Reduce Mileage
Indicated
CR
28150(d) Possession of Four or More Radar Jamming Devices CR
CHAPTER 5 OF DIVISION 13 - TRANSPORTING OTHER LOADS
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
31303(b-e) Violating Requirements for Transportation of Hazardous
Waste CR
31401(b) Farm Labor Buses and Trucks - Inspection Required CR
(d) Willful Rental or Use of Farm Labor Vehicle by Owner or
Contractor Without CHP Inspection per VC 31401(b)
31402(a) Operation of Unsafe Farm Labor Vehicle CR
31403 Mechanic Certification of Farm Labor Vehicle CR
DIVISION 14 - TRANSPORTATION OF EXPLOSIVES
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
31602(a-c) License, Routes to Be Used, Stopping Specified CR
Ct. 31607(a) Inspection Required CR
Ct. 31609 Record of Inspection CR
Ct. 31610(a-e) Improper Equipment, Maintenance CR
Ct. 31611 Improper/ Lack of Maps of Route CR
Ct. 31612 Carry and Display Shipping Instructions CR
+
Ct.
31613 Prohibited Cargoes CR
Ct. 31614(a,b,d,e,h) Transport Explosives Through Local Routes; Congested
CR
Areas; With Enclosed, Uncovered Loads; While Smoking or
Open Flame
(c,g) Loading Explosives Without Motor Stopped, Brakes Set;
Vehicle Transporting Explosives Left Unattended
(f,i) Driving Near or Through Fires; Transportation of Explosives in a
Passenger Vehicle
32000.5(a) Hazardous Materials Transportation - Company Not CR
Licensed
(d) Fireworks Transportation - Failure to Carry License or
Present
7.1.d
Packet Pg. 107
32
VEHICLE CODE
DIVISION 14 - TRANSPORTATION OF EXPLOSIVES
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
32001(c) Hazardous Material - Motor Carrier Directing Transportation
Unlawfully CR
32002(a)
(b)
Violations of Division 14.1 or Regulations
Unlicensed Transportation
Second or Subsequent Offense
CR
33000 Violation of Shipment Regulations for the Transportation of
Radioactive Materials CR
34100 Illegal Operation of Tank Vehicle Transporting Hazardous
Waste or Flammable and Combustible Liquids on a Public
Highway
CR
34501(e) Operation of Bus Without Current Inspection by CHP CR
34501.3(a)(2) Motor Carriers - Unlawful Schedule Exceeding Maximum Hours
of Service CR
34505(a-c) Violation of Tour Bus Inspection and Repair Requirements CR
34505.5(a-c) Violation of Motor Carrier Vehicle Inspection and Repair
Requirements CR
34505.9(a)(4)(D) Violation of Intermodal Roadability Inspection Program CR
34506(a) Failure to Comply with Specified Regulation of Hours of
Service of Drivers
(b) Failure to Comply with Specified Regulation of Hazardous CR
Material Transportation
(c) Failure to Comply with Specified Regulation of School
Buses
(d) Failure to Comply with Specified Regulation of Youth Buses
(e) Failure to Comply with Specified Regulation of Tour Buses
(f) Failure to Comply with Specified Regulation of Described
Vehicles
(g) Failure to Comply with Specified Regulation of School Pupil
Activity Buses
34623(h) Motor Carrier of Property Operating Vehicle While Permit
Suspended
(i)(1) Motor Carrier of Property with Suspended Permit Allowing Any
Vehicles Subject to Suspension Based on Failure to Maintain to
be Operated by Another Carrier
CR
(i)(2) Motor Carrier of Property Knowingly Utilizing a Vehicle From
a Motor Carrier Whose Permit Is Suspended Based on a Failure
to Maintain Any Vehicle
DIVISION 15 - SIZE, WEIGHT AND LOAD
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
35784(b) Violation of Special Permit Requirements CR
35784.5(a) Transportation of Extra-legal Load Without Permit CR
35785(b) Violation of Single Saw Log Hauling Speed Limit of 15 MPH
Over Bridge or Causeway or 25 MPH on Highway CR
7.1.d
Packet Pg. 108
VEHICLE CODE
33
DIVISION 15 - SIZE, WEIGHT AND LOAD
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
35786(b) Operation of Truck Booster Power Unit in Noncompliance with
Route Specifications CR
35790(g)
(h)
Failure to Carry Appropriate Permits, Certificates, and Notices
Required for Movement of Manufactured Homes
Violation of Terms, Conditions, or Limitations Specified in
Manufactured-Home Transportation Permits
CR
DIVISION 16.5 - OFF HIGHWAY VEHICLES
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
38316(a) Reckless Driving of Off-Highway Motor Vehicle CR
38317 Reckless Driving of Off-Highway Motor Vehicle Causing Injury CR
38318(a) Throwing Substance at Off-Highway Motor Vehicle CR
38318.5 Malicious Removal or Alteration of Markers or Signs CR
38319 Operation of Off-Highway Motor Vehicle Likely to Cause Damage CR
38320(a,b) Throwing, Depositing or Dumping Matter CR
DIVISION 17 - OFFENSES AND PROSECUTION
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
40001(c)
(d)
Violation by Employer of Out-of-Service Order
Employer Allows, Permits, Requires, or Authorizes Driver to
Operate Commercial Motor Vehicle in Violation of Railroad-
Highway Grade Crossing Statute or Regulation
CR
40005 Employer Undertakes Responding to Employee Driver's Citation
and Inaction By Employer Results in Issuance of Warrant For
Employee
CR
40008(a) Violation of VC 21701, 21703, or 23103 with Intent to Capture
Physical Impression of Another Person for Commercial Purpose
(b) Violation of VC 21701, 21703, or 23103 with Intent to Capture CR
Physical Impression of Another Person and Causing
Endangerment of Minor
40504(b) Signing Written Promise to Appear With False Name CR
40508(a-c) Violation of Promise to Appear, Promise to Pay [In
Addition to the Bail on Original Offense.]
CR
40519(c) Failure to Appear at Time of Trial After Pleading Not Guilty in
Writing CR
40614 Use of Fictitious Name CR
40616 Violation of Promise to Correct CR
42005(e) Failure to Attend Traffic Violator School CR
7.1.d
Packet Pg. 109
34
VEHICLE CODE
SPEED VIOLATIONS
DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
1 to 15 Miles Over Limit CR
16 to 25 Miles Over Limit CR
26 and Above (Miles Over Limit) CR
Speed Violations in Highway Construction Zones (Section 42009)
DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
1 to 15 Miles Over Limit CR
16 to 25 Miles Over Limit CR
26 and Above (Miles Over Limit) CR
WELFARE AND INSTITUTIONS CODE
SECTION DESCRIPTION PRE-ARRAIGNMENT
RELEASE PROTOCOL
5150
Certification to Mental Health Courts
CR
CALIFORNIA CODE OF REGULATIONS, TITLE 14: NATURAL RESOURCES
For all violations of Title 14 of the California Regulations (Natural Resources), pre-arraignment release
protocol is CR.
LOS ANGELES COUNTY CODE
For all violations of the Los Angeles County Code, pre-arraignment release protocol is CR.
7.1.d
Packet Pg. 110
35
II. RELEASE CONSIDERATIONS FOR JUDICIAL OFFICERS
A. How to Use the Schedule
At and after a defendant's first appearance on any crime, pursuant to Penal Code section 1269b,
subdivision (b), the amount of bail or conditions of release, if any are allowed, shall lie with the
sound discretion of the judicial officer before whom the defendant appears, and may be greater or
less than the amount set forth in this schedule, or may be more or less restrictive than the
pre -arraignment release order, subject to the provisions of Penal Code section 1275.
A court's consideration of release conditions in an individual case is governed by mandatory factors
identified in the California Constitution: “In setting, reducing or denying bail, the judge or magistrate
shall take into consideration the protection of the public, the safety of the victim, the seriousness of
the offense charged, the previous criminal record of the defendant, and the probability of his or her
appearing at the trial or hearing of the case. Public safety and the safety of the victim shall be the
primary considerations.” (Cal. Const., art. 1, § 28, subd. (f)(3).) Furthermore, the Penal Code states:
“In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the
protection of the public, the seriousness of the of fense 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 factor s
such as the information included in a report prepared in accordance with Section 1318.1.” (Pen.
Code, § 1275, subd. (a)(1).) In addition, the Court must consider the legal principles set forth in In
re Humphrey (2021) 11 Cal.5th 135.
B. Arrest Warrants
When issuing an arrest warrant pursuant to Penal Code section 815a, a judicial officer may use this
protocol in setting a financial condition of release (i.e., money bail). The financial condition fixed to
the arrest warrant lies within the sound discretion of the judicial officer who may use the amounts
listed in the protocol or in subdivision C, below.
C. Determining Financial Conditions of Release at Arraignment or Future Court Proceedings
A judicial officer may also use the protocol in setting financial conditions of release at arraignment
or future court proceedings when there is a change in circumstance or as permitted by statute .
Release conditions lie within the sound discretion of the judicial officer and are subject to the
considerations summarized in subdivision A, above. Financial conditions of release for offenses
designated CR, BR, or MR may be set according to the following guideline:
CR……$1,000-$5,000
BR……$15,000
MR……$30,000
D. Penal Code Section 1270.1
This section prohibits the release of an arrestee on bail in an amount other than that set forth in
this bail schedule prior to a hearing in open court for:
7.1.d
Packet Pg. 111
36
• Violent felonies as described in Penal Code section 667.5(c), but not 460(a);
• Serious felonies as described in Penal Code section 1192.7(c) (including those listed in
Penal Code section 1192.8);
• Violations of Penal Code sections 136.1(c), 243(e)(1), 273.5, 422 (as a felony), and 646.9;
and
• Violation of Penal Code section 273.6 if the detained person made threats to kill or harm,
has engaged in violence against, or has gone to the residence or workplace of the protected
party.
7.1.d
Packet Pg. 112
FELONY BAIL SCHEDULE
Rev. September 12, 2023; Eff. October 1, 2023
2023
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
7.1.d
Packet Pg. 113
Copies or interim amendments can be obtained at
http://www.lacourt.org
7.1.d
Packet Pg. 114
TABLE OF CONTENTS
I. PRE-ARRAIGNMENT RELEASE PROTOCOL FOR LAW ENFORCEMENT
A. Introduction ________________________________________________________ 4
B. How to Use the Pre-Arraignment Release Protocol _________________________ 6
C. FELONY MONEY BAIL COMPUTATION WORKSHEET ____________________ 10
D. STATE CODES
a. PENAL CODE ______________________________________________ 11
b. VEHICLE CODE ____________________________________________ 21
c. HEALTH AND SAFETY CODE _________________________________ 21
d. BUSINESS AND PROFESSIONS CODE _________________________ 23
E. SENTENCE ENHANCING ALLEGATIONS ______________________________ 24
II. RELEASE CONSIDERATIONS FOR JUDICIAL OFFICERS
A. How to Use the Schedule ____________________________________________ 25
B. Arrest Warrants ___________________________________________________ 25
C. Determining Financial Conditions of Release at Arraignment or Future Court
Proceedings ______________________________________________________ 25
D. Penal Code Section 1270.1 __________________________________________25
7.1.d
Packet Pg. 115
4
I. LOS ANGELES COUNTY FELONY PRE-ARRAIGNMENT RELEASE PROTOCOL FOR LAW
ENFORCEMENT
A. Introduction
The purpose of bail is to ensure an arrestee appears for all court appearances and reduce the risk
to public or victim safety.1 Article I, section 12 of the California Constitution entitles most arrestees
(who are presumed innocent until proven guilty beyond a reasonable doubt) to release on bail while
awaiting trial. In addition, the Constitution prohibits excessive bail and requires that judicial officers
take into account the protection of the public, safety of the victim, seriousness of the offense charged,
previous criminal record of the defendant, and the probability of the arrestee appearing at court
appearances.2 Consistent with the United States Supreme Court’s decision in Salerno, the Superior
Court of Los Angeles County (Court) seeks with this protocol to ensure that “in our society liberty is
the norm, and detention prior to trial is the carefully limited exception.”3
Applicability of Pre-Arraignment Release Protocol for Low-Level, Non-Violent Felonies and
Misdemeanors
For many less serious and low-risk level misdemeanor and felony offenses, the Pre-Arraignment
Release Protocol (PARP) represents a shift from the practice of setting money bail, also known as
a “financial condition” of release. Prior to the implementation of the PARP, arrestees who could
afford to post money bail pursuant to operative bail schedules were released pre-arraignment, while
those who could not afford to do so were detained, even if they posed little risk to the public or were
likely to return to court. The California Supreme Court has held that conditioning release from
custody solely on whether an arrestee can afford bail is unconstitutional. (In re Humphrey (2021) 11
Cal.5th 135, 143 (Humphrey).) Further, research4 demonstrates that non-financial conditions of
release that address both public and victim safety and the arrestee’s individual circumstances are
often sufficient and may be preferable to financial conditions for numerous reasons. In Humphrey,
the Supreme Court instructed trial courts to impose the least restrictive conditions of release for
defendants and to consider whether non -financial conditions of release may reasonably protect the
public and the victim or reasonably assure the defendant ’s presence at trial.
Effective October 1, 2023, this Pre-Arraignment Release Protocol shall govern whether eligible
arrestees in Los Angeles County are released from custody without conditions, released with non -
financial conditions, or held in custody pending arraignment. Using the PARP, the Court sets release
conditions based on an arrestee’s risk to public or victim safety and the arrestee’s likelihood of
returning to court and reduces reliance on money bail as a condition of release prior to arraignment
for individuals arrested for certain misdemeanor and non-violent, low-level felonies. Through the
PARP, the Court assesses and releases from custody (with release conditions where appropriate)
those arrestees who pose a minimal risk of flight or danger to public or victim safety. For arrestees
charged with certain non-violent felony and misdemeanor offenses, the offenses will fall within one
1 Cal. Const., art. I, § 28, subd. (f)(3).
2 Id.
3 United States v. Salerno (1984) 481 U.S. 739, 755.
4 Brooker, C. Yakima County, Washington Pretrial Justice System Improvements: Pre- and Post-Implementation Analysis. (2017);
Carmichael, D. et al. Liberty and Justice: Pretrial Practices in Texas. (2017); Anderson, C. et al. Evaluation of Pretrial Justice System
Reforms that Use the Public Safety Assessment: Effects of New Jersey’s Criminal Justice Reform. (2019); Redcross, C. et al. Evaluation
of Pretrial Justice System Reforms that Use the Public Safety Assessment: Effects in Mecklenburg County, North Carolina . (2019); Grant,
G. Report to the Governor and the Legislature: Jan. 1-Dec. 31, 2019. (2020); Lowenkamp, C. et al. Replication and Extension of the Lucas
County PSA Project. (2020).
7.1.d
Packet Pg. 116
5
of three categories – CR (Cite and Release); BR (Book and Release); and MR (Magistrate Review).
The categories are described in more detail below and each eligible offense is assigned a category.
Zero-Dollar Bail Is Not Available for Serious or Violent Offenses Pre-Arraignment
Zero-dollar bail is not available for serious or violent crimes.
The following arrestees are ineligible for pre-arraignment release on zero-dollar bail:
1. Individuals arrested for capital crimes when the facts are evident or the presumption great and
all offenses listed in subsections (b) and (c) of Article I, section 12 of the California Constitution
are ineligible for release on their own recognizance or sufficient sureties.5
2. Individuals arrested for any offense listed in Penal Code section 1270.1. Individuals arrested for
offenses listed in Penal Code section 1270.1 are ineligible for release on their own recognizance
or release on bail in an amount that is either more or less than the amount contained in the
schedule of bail for the offense until a hearing is held in open court before the magistrate or
judge. For these offenses the arrestees must post financial conditions of r elease as required by
that statute or be held until arraignment within the time outlined in Penal Code section 825, or
the time by which they may have a hearing in open court as required. Existing law requires a
non-zero-dollar amount of bail to be set for these offenses. Financial conditions of release for
those crimes or enhancements are listed within the protocol.
3. Individuals arrested for any offense where there is a sentencing enhancement, as defined in
subdivision (e) of Penal Code section 1269b. For offenses with these enhancements, arrestees
must post financial conditions of release (non-zero-dollar amount of bail) as required by that
statute and listed within the protocol.
Definitions of CR, BR, and MR
For those offenses designated as either CR or BR, eligible arrestees will be released on their own
recognizance with a promise to appear at arraignment either at the time of arrest (CR) or after being
booked at a police station or other facility (BR). Nothing in this protocol should be construed to alter
the authority of law enforcement to cite-and-release or book-and-release as authorized by state law.
These arrestees are not required to post cash bail, and the offenses for which they are booked are
designated in the schedule as zero-dollar bail ($0) bail offenses. However, arrestees booked for an
offense designated as CR or BR who are currently on Parole or Post Release Community
Supervision (PRCS) are not eligible to be released prior to magistrate review and will be referred
directly to a magistrate for review prior to release. The Los Angeles Superior Court has magistrates
available 7 days a week, 24 hours a day.
For those crimes designated as MR, arrestees will be referred to a magistrate for review. As set forth
further below, magistrates will consider the available information to determine whether to release an
arrestee on their own recognizance with no conditions, release them on their own recognizance with
the least restrictive non-financial conditions, or defer consideration of release until arraignment under
limited circumstances. All offenses in the MR category are designated as $0 bail offenses.
Pre-arraignment bail amounts and designations in the PARP are not binding on judicial officers at
arraignment, which typically occurs within 48 hours of arrest unless there is a holiday or a weekend
5 Cal. Const., art. I, § 12.
7.1.d
Packet Pg. 117
6
when the court is otherwise closed. At arraignment, where both the prosecution and the defendant
are represented by counsel, judicial officers have the full range of options available with respect to
the defendant’s bail and custody status. The arraignment court can consider, among other facts and
issues raised, the prosecutor’s charging document, the defendant’s criminal history, and the facts of
the case, and any information the prosecutor and the defense attorney may offer.
Arrest Warrants – Bail Amounts
At and after the defendant's first appearance, the judicial officer before whom the defendant appears
will determine release conditions, if any. (See section II (A) and (C).) A magistrate fixing financial
conditions of release pursuant to Penal Code section 815a which requ ires that a magistrate fix the
amount of bail which in their judgment is in accordance with the provisions of section 1275 will be
reasonable and sufficient for the appearance of the defendant following his arrest, if the offense is
bailable, may use this schedule at the time an arrest warrant is issued. The amount of bail is within
the sound discretion of the magistrate. (See section II (B).)
B. How to Use the Pre-Arraignment Release Protocol
The purpose of this protocol is to designate pre -arraignment release orders upon which a person
arrested without a warrant may be assessed for release before their appearance in court. Arrestees
booked on crimes listed in Penal Code section 1270.1 are not eligible for non -financial conditions of
release pre-arraignment.
Prior to arraignment, the release protocol for each crime will be designated in the column titled “Pre-
Arraignment Release Protocol.” Within that designated column, the following abbreviations will
refer to the appropriate pre-arraignment protocol for arrestees booked for the referenced crime.
1. CITE AND RELEASE (CR)
People arrested for crimes designated as CR are subject to $0 bail and are not required to
provide financial conditions of release unless a designated exception applies as stated in
Item 6. Arrestees must promise to appear in court for arraignment.
2. BOOK AND RELEASE (BR)
People arrested for crimes designated as BR are subject to $0 bail and are not required to
provide financial conditions of release unless a designated exception applies as stated in
Item 6. Arrestees must promise to appear as required by Penal Code section 1318.
3. MAGISTRATE REVIEW (MR)
People arrested for crimes designated as MR are subject to $0 bail and are not required to
provide financial conditions of release unless a designated exception applies as stated in
Item 6. Arrestees must promise to appear in court for arraignment as required by Penal Code
section 1318, they must be booked by a law enforcement agency, and their release
conditions, if any, will be determined by a magistrate. Applying the factors set forth in Penal
Code section 1275, and Article I, sections 12 and 28, the magistrate will consider known facts
about the offense and the arrestee as well as a risk assessment report in deciding to (1)
release the arrestee on their own recognizance; (2) release the arrestee upon $0 money bail
and non-financial conditions of release that are the least restrictive conditions reasonably
related to the crime that are necessary to assure their appearance at court and the safety of
the public and victim; or (3) defer until arraignment consideration of the arrestee’s release, if
the magistrate finds by clear and convincing evidence based on the available information
that "public or victim safety, or the arrestee's appearance in court, cannot be reasonably
7.1.d
Packet Pg. 118
7
assured” if they are released with nonfinancial conditions. (In re Humphrey (2021) 11 Cal.5th
135, 154.)
Once the least restrictive condition or combination of conditions is determined by the
magistrate, the County’s Pretrial Services Unit will communicate the release conditions, if
any, to the booking law enforcement agency (LEA). The LEA will communicate the
condition(s) to the arrestee. If the arrestee accepts the conditions, the arrestee will be
released. If not, further consideration of the arrestee’s release will be deferred until
arraignment.
Pre-arraignment orders pertaining to release and conditions are not binding upon the court
at arraignment. The judicial officer presiding over the arraignment will determine the
arrestee’s suitability for all conditions of release, financial and non-financial, within the timing
outlined in Penal Code section 825, and within the meaning of current statutory and case
authority.
If no charges are filed by the prosecuting agency prior to arraignment, the arrestee will be
released without conditions.
4. FINANCIAL CONDITIONS OF RELEASE
Pursuant to Penal Code sections 1270.1 and 1269b(e), persons arrested for designated
felonies or subject to listed enhancements must post financial conditions of release as
required by those statutes or be held until arraignment within the time outlined in Penal Code
section 825, or the time by which they may have a hearing in open court as required.
Financial conditions of release for those crimes or enhancements are listed within the
protocol.
5. INELIGIBLE FOR RELEASE
Arrestees charged with crimes described in Cal. Const., art. I, §§ 12(a)-(c) or 28(f)(3) or Penal
Code section 1270.5 are not eligible for release prior to arraignment.
6. EXCEPTIONS
A. ARRESTEE ON PAROLE or POST RELEASE COMMUNITY SUPERVISION (PRCS):
If an arrestee booked for an offense listed as CR or BR in the protocol is currently on
parole or PRCS, the arrestee shall be referred to a magistrate for review.
B. ARRESTEE ACCUSED of MULTIPLE OFFENSES OR ENHANCEMENTS:
i. If an arrestee is booked on two or more offenses with differing protocol designations
($0 bail and CR, BR, or MR), pre-arraignment release protocol shall be determined
by the strictest release protocol designated.
ii. If an arrestee is booked on two or more offenses, one which designates release
protocol and the other which designates a financial condition of release, pre-
arraignment release shall be determined by the financial condition of release
designated for each crime. No additional financial conditions may be added within
the Felony Bail Computation Worksheet for crimes designated as $0 bail and CR,
BR, or MR. Because the arrestee is subject to financial conditions of release, the
arrestee will not be referred to a magistrate for review.
iii. If an arrestee is booked on an offense designated as $0 bail and CR, BR, or MR and
7.1.d
Packet Pg. 119
8
an enhancement requiring a financial condition of release, pre-arraignment release
shall be determined by the financial condition of release designated by the applicable
enhancement. No additional financial conditions may be added within the Felony
Bail Computation Worksheet for the crimes designated as $0 bail and CR, BR, or
MR. Because the arrestee is subject to financial conditions of release, the arrestee
will not be referred to a magistrate for review.
iv. If an arrestee is booked on multiple offenses or enhancements which all require
financial conditions of release, the amount shall be determined by the Felony Bail
Computation Worksheet unless the offenses are committed against separate victims
or on separate dates, or where separate sex acts are committed on the same victim,
and each may be punished separately (including circumstances enumerated in
Penal Code section 667.6(c) and (d)). In addition, amounts for enhancements and
prior convictions shall each be added one time per person arrested, per defendant,
or per case. Because the arrestee is subject to financial conditions of release, the
arrestee will not be referred to a magistrate for review.
7. REPRODUCTIVE RIGHTS
In accordance with Penal Code section 1269b(f)(2), bail shall be set at zero dollars ($0) and
the offense designated as CR for an individual who has been arrested in connection with a
proceeding in another state regarding an individual performing, supporting, or aiding in the
performance of an abortion in this state, or an individual obtaining an abortion in this state, if
the abortion is lawful under the laws of this state.
8. UNLISTED FELONIES
For all offenses charged as felonies under state statutes, for which there is no protocol
provided in this schedule, including unlisted subdivisions, the bail shall be set at zero dollars
($0) and the offense designated as BR. This section does not include crimes listed in Penal
Code section 1270.1(a). Crimes chargeable as either a felony or misdemeanor (“wobblers”)
under state statutes or municipal or agency ordinances are provided for in the Misdemeanor
Bail Schedule.
9. BAIL DEVIATION
Pursuant to Penal Code section 1269c, bail deviation is available to process all bail increase
and decrease requests for persons who have been arrested (other than pursuant to an arrest
warrant) but not arraigned.
Law Enforcement requests to increase bail shall be made within two hours of booking and
must comply with Penal Code section 1269c. That section sets forth the procedures and
instances when upward bail deviation is appropriate. It is available:
a. As to those individuals arrested without a warrant for a bailable felony offense or
for the misdemeanor offense of violating a domestic violence restraining order, and;
b. When 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.
Under these circumstances, “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
7.1.d
Packet Pg. 120
9
a magistrate . . . requesting an order setting a higher bail.” (Penal Code, §1269c.)
If applicable, Law Enforcement shall also communicate to the Probation Department within
two hours of booking: (1) Whether an enhancement to an offense is being sought; and/or (2)
whether the arrestee, booked on an offense designated as CR or BR , is an exception from
the release protocol due to their being on a grant of Parole, or Post Release Community
Supervision (PRCS) requiring magistrate review for the booked offense.
All requests to increase or decrease bail shall be called in, within two hours of booking, at
(213) 351-0373 or (800) 773-5151. Hours of operation are 6:30 a.m. to 1:30 a.m.
A request for upward bail deviation of an offense designated in the bail schedule as CR or
BR ($0 bail) may cause the arrest to be referred to a magistrate for review.
7.1.d
Packet Pg. 121
Felony Bail Computation Worksheet
1 Name of Arrestee:
2 List all offenses:
Base Bail (see Felony Bail Schedule at pages 10-22) AMOUNT
Of the offenses listed in 2, which carries the highest bail schedule amount?
3 List code and section number here:
List the bail schedule amount for that offense in 3a. 3a
Is arrestee charged with two or more offenses? If yes, move to 3b and 3c. If no, move to 4.
Were additional offenses committed against separate victims OR were the offenses
3b committed on separate dates? If yes, list the sum of the bail schedule amount(s) for
each additional offense committed against a separate victim and/or on a separate
date in 3b. 3b
Were additional separate sex acts committed on the same victim AND may each
3c act be punished separately? If yes, list the sum of the bail schedule amounts for
each additional separate sex act in 3c. 3c
If no to 3b and 3c, base bail is only the bail amount for the offense listed in 3a.
Enhancements (see Felony Bail Schedule at page 23)
4 Was the offense committed for the benefit of a gang? If yes, add $40,000 4
5 Was a weapon involved? If yes, add only the greatest of 5a-5d. If no weapon, move to 6.
5a Did the arrestee personally discharge a firearm,
causing GBI or death? If yes, add $1,000,000 5a
5b Did the arrestee personally discharge a firearm, not
causing GBI/death? If yes, add $200,000 5b
5c Did the offense involve possession, use, or discharge
of a firearm? If yes, add $50,000 5c
5d Did the arrestee use a weapon other than a firearm? If yes, add $20,000 5d
6 Did the offense involve infliction of GBI? If yes, add $30,000 6
7 Does the arrestee have any prior convictions? If no prior convictions, move to 8.
Does the arrestee have a prior conviction for a
7a serious or violent felony or enumerated sex
offense?
Is the arrestee charged with a serious or violent
7b felony AND does the arrestee have two or more
If yes, add $50,000 per prior
conviction 7a
convictions for serious or violent felonies? If yes, add $1,000,000 7b
7c Has the arrestee served a prison term during the
past 5 years? If yes, add $10,000 per term 7c
8 Are there any other enhancements to be added? If no other enhancements, move to 9.
8a Is the crime a hate crime? If yes, add $25,000 8a
8b Is the victim over 65, under 15, or disabled AND is the
crime enumerated in Penal Code sections 667.9-667.10? If yes, add $25,000 8b
Add only once: Are there other felony charges pending
8c against arrestee, or is the arrestee on parole, felony
probation, or probation department supervision? If yes, add $25,000 8c
If base bail is less than $1,000,000 and neither 6a nor 8c
8d apply: Does the offense carry a possible term of life
imprisonment? If yes, add $1,000,000 8d
9 Add lines 3a through 8d. This is the Total Bail: 9
If Law Enforcement, Do You □ □
Name of Person Completing Form Badge/ID # Oppose O/R Release? Yes No
CRIM‐208 Felony Computation Worksheet [01‐2018]
7.1.d
Packet Pg. 122
11
PENAL CODE
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
32 Accessories BR
67 Bribery of State Executive Officer CR
67.5 Bribery of Public Officer or Employee (If theft
or thing given or offered would be grand theft)
CR
68 Bribe, Soliciting by Public Officer or Employee BR
69 Resisting Arrest/Threatening Executive
Officer
MR
76 Threats to the Life of an Official or Judge MR
92, 93 Bribe, Offering, Accepting by Judge, Juror,
Referee
BR
113 Manufacturing or Selling False Citizenship or
Resident Alien Documents
CR
114 Using False Documents to Conceal True
Citizenship
CR
115 Offering Forged/False Documents for Filing CR
115.1 Campaign Violations CR
118 Perjury CR
127 Subornation of Perjury CR
136.1(a)(b) Dissuading a Witness from Testifying S 1192.7(c)(37) $100,000
136.1(c) Preventing, Dissuading Witness from
Attendance, Testifying
S 1192.7(c)(37) $100,000
137(a),(b) Influencing Testimony BR
141(b) Filing of False Evidence by Police BR
141(c) Filing of False Evidence by Prosecuting
Attorney
BR
146a(b) Impersonating an Officer MR
148(b) Taking a Weapon from a Peace Officer MR
148(c) Taking a Firearm from a Peace Officer MR
149 Assault by Officer Under Color of Authority MR
165 Bribery of Councilman, Supervisor, etc. BR
182 Conspiracy Same as substantive
offense
187 Murder – with special circumstance S, V 1192.7(c)(1),
667.5(c)(1)
INELIGIBLE FOR
RELEASE
All other murders S, V 1192.7(c)(1),
667.5(c)(1)
$2,000,000
191.5 VEHICULAR MANSLAUGHTER
191.5(a) DUI with gross negligence S 1192.8 $100,000
7.1.d
Packet Pg. 123
12
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
191.5(b) DUI without gross negligence S 1192.8 $50,000
192(a) Manslaughter – Voluntary S, V 1192.7(c)(1),
667.5(c)(1)
$100,000
192(b) Manslaughter – Involuntary $25,000
192(c)(1) Vehicular Manslaughter – Driving vehicle with
gross negligence
S 1192.8 $50,000
192(c)(3) Vehicular Manslaughter – Accident caused for
financial gain
S 1192.8 $100,000
192.5 VEHICULAR MANSLAUGHTER – OPERATING A VESSEL
192.5(a) DUI with gross negligence S 1192.8 $100,000
192.5(b) DUI without gross negligence S 1192.8 $50,000
192.5(c) With gross negligence S 1192.8 $50,000
203 Mayhem S, V 1192.7(c)(2),
667.5(c)(2)
$100,000
205 Aggravated Mayhem (Life) S, V 1192.7(c)(2),
667.5(c)(2)
$1,000,000
207 Kidnapping S, V 1192.7(c)(20),
667.5(c)(14)
$100,000
Kidnapping child under age 14 to deprive
custody (P.C. 667.85)
S, V 1192.7(c)(20),
667.5(c)(14)
$150,000
Kidnapping for purpose of felony sexual
offense (P.C. 667.8(a) and (b))
S, V 1192.7(c)(20),
667.5(c)(14)
$1,000,000
209 Kidnapping for Ransom, Robbery, Sex
Offense, Etc. (Life)
Including kidnapping child under age 14 to
deprive custody (P.C. 667.85), and
kidnapping for purpose of felony sexual
offense (P.C. 667.8(a) and (b))
S, V 1192.7(c)(20),
667.5(c)(14)
$1,000,000
209.5 Kidnapping During a Carjacking (Life) S, V 1192.7(c)(20),
667.5(c)(14)
$1,000,000
210.5 False Imprisonment – Kidnapping to Evade
Arrest
MR
211 ROBBERY
First Degree S, V 1192.7(c)(19),
667.5(c)(9)
$100,000
Second Degree S, V 1192.7(c)(19),
667.5(c)(9)
$50,000
215 Carjacking S, V 1192.7(c)(27),
667.5(c)(17)
$100,000
219 Trainwrecking (Life) S, V 1192.7(c)(7),
667.5(c)(7)
$1,000,000
220(a) Assault with Intent to Commit Mayhem, Rape,
Sodomy, Oral Copulation, or Any Violation of
P.C. 264.1, 288, or 289
S, V 1192.7(c)(29),
667.5(c)(15)
Same as substantive
offense
7.1.d
Packet Pg. 124
13
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
220(b) Assault with Intent to Commit Specified Sex
Offenses While in the Commission of First
Degree Burglary
S, V 1192.7(c)(29),
667.5(c)(15)
$1,000,000
222 Administering Drugs to Aid Felony MR
236 False Imprisonment BR
236.1 Human Trafficking * MR
If victim is under the age of 18 MR
237(b) False Imprisonment – Elder or Dependent
Person
MR
241.1 Assault – Upon Custodial Officer BR
243 Battery
243(c) Upon peace officer, etc., with injury MR
243(d) Battery – With serious bodily injury S 1192.7(c)(8) $50,000
243.1 Battery – Upon custodial officer in
performance of duties:
if the arrestee is in custody
If arrestee is not in custody
BR
MR
243.4 Sexual Battery MR
244 Assault with Chemicals S 1192.7(c)(30) $50,000
244.5(b), (c) Use of Stun Gun or Taser on Any Person MR
245(a)(1) Assault with Deadly Weapon, Other Than a
Firearm
S 1192.7(c)(31) $30,000
245(a)(2) Assault with a Firearm S 1192.7(c)(31) $30,000
245(a)(4) Assault with Force Likely to Produce G.B.I. MR
245(b) Assault with a Semiautomatic Firearm S 1192.7(c)(31) $75,000
245(c) Assault with Deadly Weapon Other Than a
Firearm or Force Likely to Produce G.B.I.
Upon a Peace Officer or Firefighter
S 1192.7(c)(11),(
31)
$50,000
245(d)(1) Assault with A Firearm Upon A Peace Officer
Or Firefighter
S 1192.7(c)(11),
(31)
$100,000
245(d)(2) Assault with a Semiautomatic Firearm Upon a
Peace Officer or Firefighter
S 1192.7(c)(11),
(31)
$200,000
246 Shooting at Inhabited Dwelling, Building,
Occupied Motor Vehicle
S 1192.7(c)(33) $250,000
246.3(a) Discharge of Firearm – Gross Negligence S 1192.7(c)(8) $35,000
261 Rape S, V 1192.7(c)(3),
667.5(c)(3)
$100,000
If victim is under 18 S, V 1192.7(c)(3),
667.5(c)(3)
$200,000
If victim is under 14 S, V 1192.7(c)(3),
667.5(c)(3)
$250,000
7.1.d
Packet Pg. 125
14
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
261.5(c) Unlawful Sexual Intercourse with Person
Under 18
MR
261.5(d) If defendant is over 21 and minor under 16 MR
264.1 Rape in Concert with Another by Force or
Violence
S, V 1192.7(c)(34),
667.5(c)(18)
$100,000
If victim is under 18 S, V 1192.7(c)(34),
667.5(c)(18)
$200,000
If victim is under 14 S, V 1192.7(c)(34),
667.5(c)(18)
$250,000
266h(a) Pimping MR
266h(b)(1) If other person is a minor age 16 or older MR
266h(b)(2) If other person is a minor under age 16 MR
266i Pandering BR
If other person is a minor MR
269 Aggravated Sexual Assault of a Child Under
14 Years
S 1192.7(c)(3),
(4), (5)
$250,000
273a(a) Willful Harm or Injury to Child Likely to
Produce G.B.I. or Death
MR
273d(a) Corporal Punishment or Injury of Child MR
273.5 Corporal Injury to Specified Persons 1270.1(a)(2) $50,000
With prior conviction under P.C. 273.5(f) 1270.1(a)(2) $100,000
273.6 Violation of a Protective Order 1270.1(a)(4) $50,000
278 Child Stealing MR
By use of the internet MR
285 Incest MR
286 SODOMY
286(b)(1) If victim is under age 18 MR
286(b)(2) If victim is under age 16 and defendant is
over age 21
MR
286(c)(1) If victim is under age 14 and defendant more
than 10 years older than victim
S, V 1192.7(c)(4),
667.5(c)(4)
$100,000
286(c)(2)(A) If defendant compelled another by force,
duress or threats of great bodily injury
S, V 1192.7(c)(4),
667.5(c)(4)
$100,000
286(c)(2)(B) If victim is under age 14 with force or duress S, V 1192.7(c)(4),
667.5(c)(4)
$100,000
286(c)(2)(C) If victim is a minor age 14 or older with force
or duress
S, V 1192.7(c)(4),
667.5(c)(4)
$100,000
286(d)(1) If in concert with force or fear S, V 1192.7(c)(4),
667.5(c)(4)
$250,000
286(d)(2) If in concert with force or fear upon a victim
under age 14
S, V 1192.7(c)(4),
667.5(c)(4)
$250,000
7.1.d
Packet Pg. 126
15
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
286(d)(3) If in concert with force or fear upon a minor
victim age 14 or over
S, V 1192.7(c)(4),
667.5(c)(4)
$250,000
286(e) If committed in state prison or jail MR
286(f) and (g) If victim unconscious of nature of
act/incapable of consent
MR
287 ORAL COPULATION
287(b)(1) If victim is under age 18 MR
287(b)(2) If victim is under age 16 and defendant is
over age 21
MR
287(c)(1) If victim is under age 14 and defendant more
than 10 years older than victim
S, V 1192.7(c)(5),
667.5(c)(5)
$100,000
287(c)(2)(A) If defendant compelled another by force,
duress or threats of great bodily injury
S, V 1192.7(c)(5),
667.5(c)(5)
$100,000
287(c)(2)(B) If victim is under age 14 with force or duress S, V 1192.7(c)(5),
667.5(c)(5)
$100,000
287(c)(2)(C) If the victim is a minor age 14 or older with
force or duress
S, V 1192.7(c)(5),
667.5(c)(5)
$100,000
287(d)(1) If in concert with force or fear S, V 1192.7(c)(5),
667.5(c)(5)
$250,000
287(d)(2) If in concert with force or fear upon a victim
under age 14
S, V 1192.7(c)(5),
667.5(c)(5)
$250,000
287(d)(3) If in concert with force or fear upon a minor
victim age 14 or over
S, V 1192.7(c)(5),
667.5(c)(5)
$250,000
287(e) If committed in state prison or jail and
arrestee is in custody
If arrestee is out of custody
BR
MR
287(f) and (g) If victim unconscious of nature of
act/incapable of consent
MR
288 LEWD ACTS
288(a) If victim is under age 14 S, V 1192.7(c)(6) $100,000
288(b)(1) If victim is under age 14 with force S, V 1192.7(c)(6) $100,000
288(b)(2) By caretaker upon a dependent person with
force
V 667.5(c)(6) $100,000
288(i) If victim is under age 14 with bodily harm $1,000,000
288.2 Distribution of Child Pornography BR
With Prior MR
288.3(a) Contact Minor with Intent to Commit Sexual
Offense
MR
288.3(c) With Prior MR
288.4(a)(2) Arrange Meeting with Minor for Purpose of
Exposing or Procuring Sexual Exposure with
Prior
MR
7.1.d
Packet Pg. 127
16
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
288.4(b) Attend an Arranged Meeting with Minor for
Purpose of Exposing or Procuring Sexual
Exposure or Engaging In Lewd Act
MR
288.5 Continuous Sexual Abuse of a Child S, V 1192.7(c)(35),
667.5(c)(16)
$350,000
288.7 Engage in Specified Sex Acts with Minor
Under 10
S 1192.7(c)(6) $250,000
289 Sexual Penetration S, V 1192.7(c)(25),
667.5(c)(11)
$100,000
289(a)(1)(B) If victim is under age 14 with force or duress S, V 1192.7(c)(25),
667.5(c)(11)
$100,000
289(a)(1)(C) If victim is a minor age 14 or older with force
or duress
S, V 1192.7(c)(25),
667.5(c)(11)
$100,000
289.6(a)(2)-
(3)
Engage in Specified Sex Acts with Person
Confined in Public or Private Detention
Facility
BR
290 Failure of Convicted Sex Offender to Register MR
290.46(j)(2) Use Information Disclosed on Sex Offender
Internet Web Site to Commit a Felony
BR
311.2 Bring or Distribute Obscene Matter Within
State
BR
311.4 Use of Minor In Bringing or Distributing
Obscene Matter Within State
MR
311.11(a) Possession or Control of Child Pornography BR
311.11(b) With Prior MR
311.11(c) More than 600 images (with at least 10
images involving prepubescent minor)
or images portraying sexual sadism or
masochism
MR
314(1) Indecent Exposure MR
337a Bookmaking CR
Second Offense BR
Third Offense BR
368 Elder Abuse MR
405a Taking Person from Lawful Custody of a
Peace Officer By Means of a Riot
MR
422 Criminal Threats S 1192.7(c)(38) $50,000
424 Embezzlement or Falsification of Accounts by
Public Officers
BR
451(a) Arson Causing Great Bodily Injury S, V 1192.7(c)(14),
667.5(c)(10)
$250,000
451(b) Arson, Inhabited Structure S, V 1192.7(c)(14),
667.5(c)(10)
$250,000
7.1.d
Packet Pg. 128
17
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
451(c) Arson, Structure or Forest Land S, V 1192.7(c)(14),
667.5(c)(10)
$75,000
451(d) Arson, Other Property S, V 1192.7(c)(14),
667.5(c)(10)
$50,000
451.5 Aggravated Arson S 1192.7(c)(14) $500,000
452(a) Recklessly Causing Fire with Great Bodily
Injury
V 667.5(c)(8) $35,000
452(b) Recklessly Causing Fire, Inhabited Structure S 1192.7(c)(14) $25,000
452(c) Recklessly Causing Fire, Structure or Forest
Land
S 1192.7(c)(14) $20,000
453(a) Possession, Etc. of Explosives, Flammable
Matter
S 1192.7(c)(14) $50,000
454 Arson During State of Emergency S, V 1192.7(c)(14),
667.5(c)(10)
$350,000
455 Attempt or Preparation to Burn Any Structure
or Property
S 1192.7(c)(39) $75,000
459 BURGLARY
Residential (A Non-1270.1(a)(1) crime)
First Degree with Person Present
Inhabited Dwelling, no Person Present
V
S
667.5(c)(21)
1192.7(c)(18)
MR $50,000
MR
All Others BR
463 Looting MR
464 Burglary With Explosives MR
470 Forgery BR
470a Forgery/Counterfeiting Driver’s License or I.D.
Card
BR
470b Displaying or Possessing Forged Driver’s
License or I.D. Card With Intent to
Accomplish a Forgery
BR
471 Forgery, False Entries in Records or Returns CR
472 Forgery or Counterfeiting Any Public or
Corporate Seal
CR
475 Forged Bills or Notes, Possession or Receipt CR
476 Fictitious Checks, Making, Uttering CR
476a N.S.F. Checks CR
477, 479, 480 Counterfeiting of Coin CR
484b Theft, Diversion of Money Received For
Services, Labor, Material, Etc.
If Amount Diverted Exceeds $2,350
CR
484c Embezzlement Of Funds for Construction CR
484e - 484i Various Felonies Relating to Credit Cards BR
7.1.d
Packet Pg. 129
18
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
487(a) and
(b)
Grand Theft If Value Exceeds $950, Or with
Qualifying Prior Conviction(s) If Value Does
Not Exceed $950
BR
487(c) Grand Theft Person MR
487(d)(1) Theft of Automobile BR
When there is evidence of a chop shop
operation
BR
487(d)(2) Grand Theft – Firearm S 1192.7(c)(26) $50,000
487a Grand Theft of Horse or Other Livestock If
Value Exceeds $950, or with Qualifying Prior
Conviction(s) If Value Does Not Exceed $950
BR
487b Grand Theft – Conversion of Real Property If
Value Exceeds $950, or With Qualifying Prior
Conviction(S) If Value Does Not Exceed $950
BR
487d Grand Theft of Gold Dust, Amalgam or
Quicksilver If Value Exceeds $950, or With
Qualifying Prior Conviction(S) If Value Does
Not Exceed $950
BR
487e Grand Theft of Companion Animal If Value
Exceeds $950
BR
487g Grand Theft of Animal for Purpose of Sale,
Medical Research, Slaughter or Other
Commercial Use If Value Exceeds $950, or
With Qualifying Prior Conviction(s) If Value
Does Not Exceed $950
BR
487h Grand Theft of Cargo If Value Exceeds $950,
or With Qualifying Prior Conviction(s) If Value
Does Not Exceed $950
BR
487i Defraud a Housing Program of a Public
Housing Authority of Value Exceeding $950,
or with Qualifying Prior Conviction(s) If Value
Does Not Exceed $950
BR
487j Grand Theft of Copper Materials If Value
Exceeds $950, or With Qualifying Prior
Conviction(S) If Value Does Not Exceed $950
CR
487m Grand Theft of Wages If Value Exceeds $950
From One Employee, or If Value Exceeds
$2350 In Aggregate from Two or More
Employees In Any Consecutive 12-Month
Period
CR
490.4 Organized Retail Theft BR
496 Receiving Stolen Property If Value More Than
$950, or With Qualifying Priors If Value Does
Not Exceed $950
CR
497 Stolen Property, Bringing into State CR
502 Computer Related Crimes BR
7.1.d
Packet Pg. 130
19
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
502(c)(1)-(7) Unlawful Access, Data
Usage/Damage/Deletion/Alteration, Non-
permitted Use, Denial of Service
BR
502(c)(8) Introduction of a Contaminant MR
502(c)(10)-
(14)
Government Computer System or Public
Safety Infrastructure
MR
504 Embezzlement, Misappropriation by Public
Officers
BR
504a Embezzlement, Disposal of Personal Property
Under Lease or Lien
CR
504b Embezzlement of Proceeds of Sale of
Secured Property
BR
505 Embezzlement By Carrier or Individual
Transporting Property for Hire
CR
506 Embezzlement, Misappropriation by Trustee,
Contractor
CR
507 Embezzlement by Bailee CR
514 Embezzlement or Defalcation of Public Funds CR
518, 519 Extortion, Not Amounting to Robbery CR
522 Extortion, Obtaining Signature by Threats CR
523(a) Extortion, Threatening Letters CR
523(b) Extortion, Ransomware MR
529 False Personation of Another BR
530.5 Unauthorized Use of Personal Information to
Obtain Credit, Goods, etc.
BR
532 False Pretenses CR
532f Mortgage Fraud BR
548 Defrauding Insurer CR
550 False or Fraudulent Insurance Claim S 1192.7(c)(8) $25,000
594(b)(1) Vandalism, Damage of $400 or More BR
594.3(b) Church/Cemetery Vandalism BR
597 Cruelty to Animals MR
597.5(a) Dog Fighting BR
646.9(a)-(c) Stalking 1270.1(a)(2) $150,000
647.6 Child Molestation with Specified Prior $150,000
653f(b) Solicit Murder MR
653f(c) Solicit Rape, etc. MR
653w(a) Failure to Disclose Origin of Recording or
Audiovisual Work
BR
664(a) Attempt Where Completed Crime Punishable Same as substantive
7.1.d
Packet Pg. 131
20
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
by State Prison
Except for attempted murder
offense
664/187 Attempted Murder S, V 1192.7(c)(9),
667.5(c)(12)
$1,000,000
666 Petty Theft
With qualifying prior conviction(s)
BR
4501 Assault with Deadly Weapon by Prison
Inmate
S 1192.7(c)(13) $25,000
4501.5 Battery on Non-Inmate by Prison Inmate
If arrestee is in custody
If arrestee is not in custody
BR
MR
4502 Possession of Deadly Weapon by Prison
Inmate if arrestee is in custody
If arrestee is out of custody
BR
MR
4503 Holding of Hostages by Prison Inmate S 1192.7(c)(21) $100,000
4530 Escape, Attempted Escape from Prison with
or Without Force or Violence
MR
4532 Escape, Attempted Escape by Felon,
Misdemeanant, Inebriate, or Person on Work
Furlough from Jail, Industrial Farm, etc.
MR
4573 Bringing Controlled Substance into Jail or
Prison
CR
4574 Bringing Weapon into Jail or Prison BR
11418(b)
(except
(b)(2))
Possession, Etc. Weapons of Mass
Destruction
S, V 1192.7(c)(41),
667.5(c)(23)
$500,000
11418(b)(2) Employ Weapon of Mass Destruction –
Cause Death (Life)
S, V 1192.7(c)(41),
667.5(c)(23)
$1,000,000
11418.1 Send, Etc. False Weapon of Mass
Destruction with Intent to Cause Fear
MR
11419 Possession of Biological Agents MR
18715 Possession of Destructive Devices or
Explosives in Public Places
MR
18720 Possession of Materials with Intent to Make
Destructive Device or Explosive
MR
18725 Carry or Place Explosive on Common Carrier MR
18740 Possession of Exploding or Destructive
Device or Explosive with Intent to Injure
S 1192.7(c)(15) $500,000
18745 Exploding Destructive Device or Explosive
with Intent to Murder (Life)
S, V 1192.7(c)(17),
667.5(c)(13)
$1,000,000
18750 Unlawful Explosion Causing Bodily Injury S, V 1192.7(c)(16)
667.5(c)(13)
$500,000
22810 Unlawful Use of Tear Gas MR
7.1.d
Packet Pg. 132
21
PEN. CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
25400 Concealed Weapon on Person or in Vehicle MR
25850 Possession of a Loaded Firearm MR
26100(c) Personally Shooting From Motor Vehicle S 1192.7(c)(36) $250,000
29800 Concealable Firearms, Ownership or
Possession by Felon, Addict; Knowledge of
Outstanding Warrant
MR
30305(a) Unlawful Possession of Ammunition MR
30600 Manufacture, Distribute, Etc. Assault Weapon MR
30605 Possession of Any Assault Weapon MR
31360 Felon with Body Armor MR
33410 Possession of Silencer MR
VEHICLE CODE
VEHICLE
CODE § OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
2800.2 Attempting to Evade Peace Officer
Reckless driving
MR
2800.3 Attempting to Evade Peace Officer
2800.3(a) Causing serious bodily injury S 1192.8 $100,000
2800.3(b) Causing death S 1192.8 $150,000
2800.4 Attempting to Evade Peace Officer
Driving in opposite direction of lawfully
moving traffic
MR
4463 Ownership Certificate, License Forgery BR
10801 Own or Operate a Chop Shop BR
10851(a) Driving Car Without Consent CR
10851(b),(e) Driving Car Without Consent
Specified vehicles, P.C. 666.5 prior
BR
20001 Hit And Run: Personal Injury BR
23152 Driving Under The Influence Of Alcohol Or
Drugs If a felony per V.C. 23550 or
23550.5
S 1192.8 $100,000
23153 Driving Under The Influence Of Alcohol or
Drugs Causing bodily injury
S 1192.8 $100,000
HEALTH & SAFETY CODE
HEALTH &
SAFETY CODE OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
443.17(a) Knowingly Altering or Forging, or
Concealing or Destroying Withdrawal or
Rescission of, Request For Aid-In-Dying
Drug to End Life
BR
443.17(b) Knowingly Coercing or Exerting Undue
Influence to, or Destroying
BR
7.1.d
Packet Pg. 133
22
HEALTH &
SAFETY CODE OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
Withdrawal or Rescission of, Request
For Aid-In-Dying Drug to End Life
11152,
11153
Controlled Substances, Writing,
Dispensing Prescription
CR
11154,
11155
Controlled Substances, Prescribing,
Administering, Furnishing
BR
11156 Controlled Substances, Prescribing,
Administering, Furnishing to Addict
BR
11162.5(a) Counterfeiting Prescription Blank CR
11350 Illegal Possession of Certain Specific or
Classified
Controlled Substances With Qualifying
Prior Conviction(s)
BR
11350.5 Possession of GHB With Intent to
Commit Sexual Assault
MR
11351 Possession or Purchase For Sale of
Certain Specific or Classified Controlled
Substances
BR
11351.5 Possession or Purchase For Sale of
Cocaine Base
BR
11352 Illegal Transportation, Sale, Furnishing
of Certain Specific or Classified
Controlled Substances
BR
11353 Person 18 Years or Over Using Minor in
Sale, Transportation, or Giving to a
Minor Certain Specific or Classified
Controlled Substances
Up to 1 kilogram S 1192.7(c)(24) $50,000
If over 1 kilogram S 1192.7(c)(24) $100,000
If over 4 kilograms S 1192.7(c)(24) $250,000
If over 10 kilograms S 1192.7(c)(24) $500,000
If over 20 kilograms S 1192.7(c)(24) $1,000,000
If over 40 kilograms S 1192.7(c)(24) $2,000,000
If over 80 kilograms S 1192.7(c)(24) $5,000,000
11353.5 Adult Preparing to Sell to Minor Drugs
or Narcotics
BR
11354 Person Under 18 Years Using Minor in
Sale, Transportation, or Giving to a
Minor Certain Specific or Classified
Substances
BR
11355 Sale or Furnishing Substance Falsely
Represented as Controlled Substance,
With Respect to Certain Specific or
Classified Controlled Substances
BR
11358 Marijuana: Cultivate, Process BR
11359 Marijuana, Possession For Sale BR
11360(a) Marijuana: Transportation, Sale,
Furnishing
BR
11361 Marijuana: Person 18 Years or Over
Using Minor Under 14 in Sale,
Transportation, Giving to Minor
BR
11362.3(a)(6) Manufacture Concentrated Cannabis
Using Volatile Solvent Without License
BR
11363 Peyote: Cultivating, Processing BR
11366 Maintain Place For Selling, Giving, Using
of Certain Specific or Classified
BR
7.1.d
Packet Pg. 134
23
HEALTH &
SAFETY CODE OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
Controlled Substance
11366.5(a) Rent, Lease, Etc. Room For
Manufacture, Storage or Distribution of
Controlled Substance
BR
11366.5(b) Allowing Location To Be Fortified For
Sale
BR
11366.6 Using Fortified Location For Sale BR
11368 Narcotic Drug: Forging, Altering
Prescription
CR
11370.1 Possession of Specified Controlled
Substances While Armed With a Loaded
Firearm
MR
11370.4 Conspiracy to Violate Sections 11351,
11351.5, or 11352
BR
11377 Possession of Controlled Substances
With Qualifying Prior Conviction(s)
MR
11377.5 Possession of Controlled Substances
With Intent to Commit Sexual Assault
MR
11378 Possession of Controlled Substances
For Sale
BR
11378.5 Possession or Purchase For Sale Of
PCP
BR
11379 Sale of Controlled Substances BR
11379.5 Sale of PCP BR
11379.6 Manufacture of Any Controlled
Substance
MR
11380 Soliciting Minor Re Controlled
Substances
If 2,000 pills or less S 1192.7(c)(24) $50,000
If 2,001 - 5,000 pills S 1192.7(c)(24) $75,000
If 5,001 - more pills S 1192.7(c)(24) $100,000
11382 Sale Substance Represented to Be
Controlled Substance
BR
11383 Possession With Intent to Manufacture
PCP
BR
Possession With Intent to Manufacture
Methamphetamine or N-
Ethylamphetamine
BR
Possession With Intent to Sell, Transfer or
Furnish Specified Chemicals to Another
Person Having Intent to Manufacture PCP
BR
Possession With Intent to Sell, Transfer or
Furnish Specified Chemicals to Another
Person Having Intent to Manufacture
Methamphetamine or N-
Ethylamphetamine
BR
BUSINESS & PROFESSIONS CODE
BUSINESS &
PROFESSIONS
CODE
OFFENSE
SERIOUS
OR
VIOLENT
CITATION PRE-ARRAIGNMENT
RELEASE PROTOCOL
22449 Price Gouging in Connection with
Dream Act Applications
BR
7.1.d
Packet Pg. 135
24
SENTENCE ENHANCING ALLEGATIONS
PEN. CODE § AMOUNT
GANGS
Any felony for the benefit of a street gang 186.22 $40,000
WEAPONS
Personal Use of a Weapon Other Than
Firearm
Includes §§ 12022(b)(1) and (2) $20,000
Offense Involved Possession/Use/Discharge
of Firearm
Includes §§ 12022(a)(1), (2), 12022(c),
12022(d), 12022.2, 12022.3, 12022.4,
12022.5, and 12022.53(b)
$50,000
Personal Discharge of Firearm Not Causing
GBI
Includes § 12022.53(c) $200,000
Personal Discharge of Firearm Causing GBI
or Death
Includes §§ 12022.53(d), 12022.55 $1,000,000
MULTIPLE FELONIES INVOLVING FRAUD OR
EMBEZZLEMENT
Aggravated White Collar Crime Enhancement § 186.11 MR
INJURY
Infliction of Great Bodily Injury Includes §§ 236.4, 12022.7, 12022.8,
and 12022.9
$30,000
NARCOTICS
Inducing Another to Commit Large-Scale
Narcotics Offense
Health & Saf. Code, § 11356.5 $30,000
PRIOR CONVICTIONS/SENTENCES
Prior Conviction for Serious/Violent (“Strike”)
or Enumerated Sex Offense
Includes serious/violent offenses listed
in §§ 667.5(c), 1192.7(c), and 1192.8,
or circumstances enumerated in §§
667(a)(1), 667.51(a), 667.6(a), and
667.10(a)
$50,000 per prior
Current Serious/Violent (“Strike”) or
Enumerated Sex Offense with Two or More
Prior Convictions for Serious/Violent or Sex
Offenses
Includes serious/violent offenses listed
in §§ 667.5(c), 1192.7(c), and 1192.8,
or circumstances enumerated in §§
667.51(c) and 667.6(b)
$1,000,000
Defendant Served a Prior Prison Term Within
the Past Five Years
§§ 667.5(a) and (b) $10,000 per prior
OTHER
Felony That is a Hate Crime §§ 422.7, 422.75 $25,000
Specified Offenses Against Victim Over 65,
Under 14, Disabled
Including circumstances enumerated in
§§ 667.9 and 667.10
$25,000
Felony Offense Committed While Any of the
Following Conditions Exist: Felony Charges
Pending Against Defendant, or Defendant on
Parole or Felony Probation, or Probation
Department Supervision
Including but not limited to
circumstances enumerated in §
12022.1
$25,000
Any Enhancement, Not Otherwise Listed in
This Schedule, Which Carries a Possible
Term of Life Imprisonment
Includes circumstances enumerated in
§§ 667.61, 667.7, 667.71
$1,000,000
7.1.d
Packet Pg. 136
25
II. RELEASE CONSIDERATIONS FOR JUDICIAL OFFICERS
A. How to Use the Schedule
At and after a defendant's first appearance on any crime, pursuant to Penal Code section
1269b(b), the amount of bail or conditions of release, if any are allowed, shall lie with the sound
discretion of the judicial officer before whom the defendant appears, and may be greater or
less than the amount set forth in this schedule, or may be more or less restrictive than
the pre -arraignment release order, subject to the provisions of Penal Code section 1275.
A court's consideration of release conditions in an individual case is governed by mandatory
factors identified in the California Constitution: “In setting, reducing or denying bail, the judge or
magistrate shall take into consideration the protection of the public, the safety of the victim, the
seriousness of the offense charged, the previous criminal record of the defendant, and the
probability of his or her appearing at the trial or hearing of the case. Public safety and the safety
of the victim shall be the primary considerations.” (Cal. Const., art. 1, § 28, subd. (f)(3).)
Furthermore, the Penal Code states: “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.” (Pen. Code, § 1275, subd. (a)(1).) In addition, the Court
must consider the legal principles set forth in In re Humphrey (2021) 11 Cal.5th 135.
B. Arrest Warrants
When issuing an arrest warrant pursuant to Penal Code section 815a, a judicial officer may use
this protocol in setting a financial condition of release (i.e., money bail). The financial condition
fixed to the arrest warrant lies within the sound discretion of the judicial officer who may use the
amounts listed in the protocol or in subdivision C, below.
C. Determining Financial Conditions of Release at Arraignment or Future Court
Proceedings
A judicial officer may also use the protocol in setting financial conditions of release at arraignment
or future court proceedings when there is a change in circumstance or as permitted by statute.
Release conditions lie within the sound discretion of the judicial officer and are subject to the
considerations summarized in subdivision A, above. Financial conditions of release for offenses
designated CR, BR, or MR may be set according to the following guidelines:
CR……$25,000
BR……$50,000
MR……$75,000
D. Penal Code Section 1270.1
This statute prohibits the release of an arrestee on bail in an amount other than that set forth in
this bail schedule prior to a hearing in open court for:
1. Violent felonies as described in Penal Code section 667.5(c), but not 460(a);
7.1.d
Packet Pg. 137
26
2. Serious felonies as described in Penal Code section 1192.7(c) (including those listed in
Penal Code section 1192.8);
3. Violations of Penal Code sections 136.1(c), 243(e)(1), 273.5, 422 (as a felony), and 646.9;
and
4. Violation of Penal Code section 273.6 if the detained person made threats to kill or harm,
has engaged in violence against, or has gone to the residence or workplace of the protected
party.
7.1.d
Packet Pg. 138
EXHIBIT B
7.1.d
Packet Pg. 139
https://www.westsidecurrent.com/news/debate-over-zero-bail-system-intensi es-in-los-angeles-county-amid-
safety-concerns/article_3a287b2c-5cc2-11ee-ad40-d3fca2991b37.html
FEATURED
Debate Over Zero Bail System Intensi es in Los Angeles County Amid
Safety Concerns
CNS
Sep 26, 2023
Photo: Wiki Commons
LOS ANGELES - Law enforcement officials and some residents continued to express safety concerns
Tuesday about the imminent implementation of zero bail in Los Angeles County, but backers of the plan
told the Board of Supervisors that misinformation about the system is leading to unfounded perceptions that
crime will increase and criminals won't be held accountable.
7.1.d
Packet Pg. 140
"Our communities have not been shy about telling us how nervous they are about this change," Sheriff
Robert Luna told the board, saying crime victims who see offenders immediately released from custody are
left with little confidence in the criminal justice system. He said he respects the need to respect
constitutional rights of arrestees, but zero-bail can demoralize deputies and police officers who work hard
to make arrests, only to "watch the offender walk away with a citation as the victim looks on in disbelief."
But Supervisor Holly Mitchell said the zero-bail system taking effect Sunday does not mean criminals are
escaping punishment for their offenses.
"It's really dangerous for us to conflate bail with accountability," Mitchell said, adding later: "Bail means I
have the resources to pay my way out of jail."
The zero-bail system, officially dubbed by the Los Angeles Superior Court as Pre-Arraignment Release
Protocols, or PARP, will take effect Sunday. The system will largely eliminate the existing cash bail system
for all but the most serious of crimes. Most people arrested on suspicion on non-violent or non- serious
offenses will be either cited and released in the field or booked and released at a police or sheriff's station
with orders to appear in court on a specific date for arraignment once they are actually charged with a
crime. Arrestees in such cases who are believed to present a heightened threat to the public or flight risk
will be referred to a magistrate judge, who will review the case and determine if the person should be held
in custody pending arraignment or released under non-financial restrictions or monitoring.
Once a person is charged and appears in court for arraignment, a judge could then change the defendant's
release conditions.
The new system is borne from long-held criticism that cash bail favored the rich, meaning well-heeled
people arrested for even the most serious of crimes could pay their way out of jail, while low-income
people languished behind bars for far lesser offenses. The new system is based not on cash, but on the risk
an offender presents to public safety or the possibility the person might fail to appear in court.
The county implemented a zero-bail system during the COVID-19 pandemic in an effort to prevent
crowding in jails. Then in May, a Los Angeles judge issued a preliminary injunction essentially reinstating
the system by ordering an end to cash bail by the Los Angeles police and sheriff's departments.
7.1.d
Packet Pg. 141
The Los Angeles Superior Court in July announced plans for the PARP system, with Presiding Judge
Samantha Jessner saying, "A person's ability to pay a large sum of money should not be the determining
factor in deciding whether that person, who is presumed innocent, stays in jail before trial or is released."
But the idea of zero-bail has generated public safety questions -- with some county supervisors noting
Tuesday their offices have been swamped with calls from residents concerned about the system,
particularly following a recent wave of mob-style smash-and-grab burglaries and reports of arrestees being
quickly released and reoffending.
Some residents spoke at Tuesday's meeting in opposition to the zero- bail system, saying the county should
"think this through before implementing" it. Another claimed the system implemented during the pandemic
"didn't work" and that other jurisdictions that have tried it saw jumps in crime.
But others spoke in favor, calling suggestions that crime will increase "fear mongering" and accusing
opponents of manufacturing statistics in an effort to "sustain the current policies that do not work."
A report prepared by the county last year analyzing the impacts of the pandemic-era zero-bail policy
concluded that "rates of failure to appear in court and of rearrest or new offenses remained either below or
similar to their historical average."
The Judicial Council of California also released a recent report finding that a risk-based zero-bail system
actually led to increased public safety, with a 5.8% drop in people being rearrested for misdemeanors and a
2.4% decrease in people being rearrested for felonies.
David Slayton, the CEO of Los Angeles Superior Court, told the Board of Supervisors those percentages
may seem small, but they represent an "impactful reduction in re-arrest rate."
Echoing Mitchell's comments, Slayton flatly denied that the new system means there are no consequences
for crime, noting that people who fail to appear in court, re-offend while on release or violate their release
conditions will be subject to arrest and jail.
"There are consequences for illegal behavior," he said, noting that the idea of bail has always been to
ensure people show up in court, not to punish people, and a risk-based decision on pre-arraignment
detention serves the same goal.
Mitchell noted that while it might be upsetting if a person released on zero bail commits a new crime, its
equally upsetting when that crime is committed by a person who posted cash bail solely because they had
the money to do so.
7.1.d
Packet Pg. 142
Supervisor Janice Hahn conceded the concern circulating among the public about the new system.
"This new bail schedule certainly is an attempt at justice reform, which I think we've all been pushing for,
but it is so different and it is certainly causing a concern and anxiety out there, not only with law
enforcement ... but also from our communities," she said. " ... And I can't be the only one whose having my
office inundated with calls and when I'm out publicly I have people approaching me who are very
concerned about this."
Supervisor Kathryn Barger also said her office is hearing from concerned constituents.
"Residents don't feel safe. One only has to turn on the TV each morning and hear what happened the day
before, whether it be a smash-and-grab, a carjacking, a burglary, an armed robbery ... and people what to
know how this is going to impact crime on the street."
Barger said she fully understands the problems with cash bail, but it's a matter about how to explain to the
public what the new system is working to accomplish, and "how are we going to make sure that criminals
out there don't feel there are no consequences."
The board asked court officials to return in about six months to report on the impacts of the program.
7.1.d
Packet Pg. 143