5-03/090.10 - Bail and Surety Bonds - Authority to Accept



Section 1269b of the Penal Code authorizes the officer in charge of a jail, wherein an arrested person is held in custody, to:

  • Approve and accept bail, in cash or surety bonds;
    • In such amount as fixed by the warrant of arrest;
    • Schedule of bail or; and
    • Order admitting to bail;
  • Issue and sign an authorization for the release of the arrested person.  Upon release, advise Records and Identification Bureau via JDIC of the warrant and bail receipt numbers;
  • Set a time and place for the appearance of the arrested person before the appropriate court and give notice thereof;
    • On warrant arrests issued by a court in Los Angeles County, set court appearance for not more than five court days after such release on bail;
    • On warrant arrests issued by a court outside Los Angeles County, set court appearance for not more than 25 days (per 821 and 822 PC) after such release on bail; and
    • For bail releases based on the current "Bail Schedule," the releasing officer shall set the date of court appearance in accordance with the standard schedule of appearance;
  • On out-of-County warrants on which a defendant was arrested as a result of a felony or misdemeanor warrant issued by another County, bail shall be accepted in the amount set on the warrant by the issuing court.  The defendant shall be notified in writing of his right to bail or appearance before a magistrate and the notification indicated on the warrant--e.g., bail refused or bail posted; and
  • Upon posting such bail, the defendant or arrested person shall be discharged from custody as to the offense on which the bail has been posted.

See section 5-03/090.25 for Integrated Bail Procedures.