Emergency Rules to Release Jail Population Effective April 13!

The California Judicial Council, which oversees all courts in the State of California, issued an Emergency Order on April 6 that will likely affect the safety and security of every resident in our State. The Judicial Council approved 11 temporary emergency rules, including Rule Number 4 which both sets bail statewide at $0 for misdemeanors and lower-level felonies to “safely reduce jail populations” and requires that inmates currently incarcerated be released with $0 bail, effective at 5:00 April 13!

It is likely to believe that LEOs will be forced to change their procedures because detainees cannot be held in jail unless it is for one of the limited offenses that follow.

Here are the details of Rule 4 of the state wide order.
Purpose
Notwithstanding any other law, this rule establishes a statewide Emergency BailSchedule, which is intended to promulgate uniformity in the handling of certain offenses during the state of emergency related to the COVID-19 pandemic.

 Mandatory application
No later than 5 p.m. on April 13, 2020, each superior court must apply the statewide Emergency Bail Schedule:
(1) To every accused person arrested and in pretrial custody.

(2) To every accused person held in pretrial custody.
Setting of bail and exceptions Under the statewide Emergency Bail Schedule, bail for all misdemeanor and felony offenses must be set at $0, with the exception of only the offenses listed below:
(1) A serious felony, as defined in Penal Code section 1192.7(c), or a violent felony, as defined in Penal Code section 667.5(c);
(2) A felony violation of Penal Code section 69;
(3) A violation of Penal Code section 166(c)(1);
(4) A violation of Penal Code section 136.1 when punishment is imposed under section 136.1(c);
(5) A violation of Penal Code section 262;
(6) A violation of Penal Code sections 243(e)(1) or 273.5;
(7) A 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;
(8) A violation of Penal Code section 422 where the offense is punished as a felony;
(9) A violation of Penal Code section 646.9;
(10) A violation of an offense listed in Penal Code section 290(c);
(11) A violation of Vehicle Code sections 23152 or 23153;
(12) A felony violation of Penal Code section 463; and
(13) A violation of Penal Code section 29800

Sunset of rule
This rule will remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council.

The importance of being able to protect yourself, and your family, has never been more important than it is now. Stand up to protect our rights under the Second Amendment,, but in the meantime, be informed and be prepared!

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