California Bail Laws

Citizens of California have a right to have access to affordable bail options. This right is protected not only by the state but by the Constitution of the United States. Even though there are a few stipulations that can prevent bail such as criminal history, type of crime, and risk of flight, the right to bail cannot be denied unless sufficient cause is produced and stated by courts.

Individual states regulate the bail industry through multiple state codes. Although these codes vary throughout the United States in California the regulatory body is the State Insurance Department, but the bail industry is also subject to California's Penal Code. California Insurance Code, Div. 1, Part 2, Ch. 7, Sections 1800-1823 stipulates the conditions, duties, and requirements for all bail bondsman in California:

A. California Insurance Code, Div. 1, Part 2, Ch. 7, Sections 1800-1823, (hereafter referred to as IC).
1) Under IC 1800.6, cities and counties are free to enact further regulations not in conflict with the IC sections cited above in A.

B. California Penal Code, Part 2, Title 10, Ch. 1, Article 5.5, Sections 1299-1317 (hereafter referred to as PC).

C. California Code of Regulations, Title 10, Ch. 5, Sections 2053 et seq.

A. California provides for three kinds of bail licenses [IC 1801]:

• the bail agents' license [IC 1802],
• the bail permitees' license [IC 1802.5],
• the bail solicitors' license [IC 1803].

Of concern here will be the bail agents' license, which permits the holder to solicit, negotiate, and effect undertakings of bail on behalf of any admitted surety. (A license may also be held by a corporation [IC 1810(b)]). The requirements of which license are:

• a surety bond of $1000 for proper handling of money collected [IC 1802], a notice of appointment on file with commissioner by a surety insurer [IC 1802.1],
• filing an application in the form prescribed by the commissioner with such supporting documents as required [IC 1804],
• filing of annual notices and applications to keep licenses in force and payment of fees by 1 May annually [IC 1808],
• taking and passing a written examination given by the commissioner [IC 1810.5, 1810.6], to qualify for which the applicant must take 12 hours of classroom education in pertinent subjects [IC 1810.7(a)],
• completion annually of not less than six hours of continuing classroom education on pertinent subjects prior to renewal of license [IC 1810.7(a)],
• payment of a license application fee of $118.00 [IC 1811(a)],

B. The regulatory body is the Insurance Department

Bail laws can affect all of us, because we never know when we may need the King on our side. If you or someone you know needs help - call us today. Don't trust your freedom with just anyone.