Insurance Commissioner Dave Jones released a report on the bail system in California, following a public hearing on January 31st, 2017.

Recommendations for California’s Bail System

Bail Laws and Regulations

Bail in California is regulated by:

• California Insurance Code (CIC) 1800-1823
• California Code of Regulations (CCR) Title 10, §2053-§2105.19
• Penal Code (PC) §1299-§1320.5

Bail Schedules

Each county in California regulates its bail schedules. Judges in every county adopt a bail schedule based on local requirements. For local bail information, contact the court where the case is filed.

Bail Forfeitures

The County Counsel’s Office in each county handles bail bond forfeiture debt collection. For bail forfeiture information, contact the County Counsel’s Office where the case is filed.

Bail Agents

There are around 2,300 licensed bail agents and organizations in California. Licensing details include:

• Bail Prelicensing Educational and Examinative Objectives
• Bail Agent Licensing Information
• Bail Permittee Licensing Information
• Bail Solicitor Licensing Information

To look up active bail licensees by county or an individual bail licensee, use browsers like Microsoft Edge, Google Chrome, Safari, or Firefox.

Bail Violations

CDI’s Enforcement Branch oversees bail agents’ activities. Violations can result in criminal charges. The Enforcement Branch works with CDI’s Legal Division for administrative cases and with District and City Attorneys for criminal cases.

Bail Bond Surety Companies

CDI’s Rate Regulation Branch ensures fair bail premium rates for Californian consumers. Each surety company must file rates with CDI, and bail agents must charge these filed rates. The court sets the bond amount, and the typical cost to the consumer is 10% of the bond total, plus related expenses.

Frequently Asked Questions

• Can bail agents solicit business?
  No. Bail agents can’t solicit business. They must be directly approached by the arrestee, the arrestee’s attorney, or an adult friend or family member.
• Is bail “rebating” legal?
  Yes. Bail agents can negotiate a lower fee through rebating, as allowed by Proposition 103.
• Are bounty hunters licensed?
  Yes, starting from July 1, 2023. They must also maintain a liability insurance policy with a minimum limit of $1,000,000.
• Are premiums refundable?
  No, unless the bailee is surrendered. Then, the bail fee is refundable, excluding administrative costs. Premiums remain nonrefundable even if charges are dropped.
• Is it legal to charge a renewal premium?
  Charging a renewal premium became illegal from January 1, 2022, as per Penal Code 1276.1.
• When is collateral released?
  Collateral or liens are released only after the bail is paid, the case is settled, and the bond is exonerated.