Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail, as specified, and requires the superior court judges, when adopting that schedule, to consider the seriousness of the offense charged and assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, as specified.
This bill would, if a prosecuting agency files a motion to dismiss a complaint or indictment within 21 days of the defendant's arraignment or fails to file charges within 21 days of the posting of the arrestee's bail surety bond, authorize the defendant or arrestee to apply to the court for relief within 30 days of being eligible for that relief. The bill would require the court, on receiving this application for relief, to order the licensed bail surety agent to provide a refund to the entity or person who was billed the money or property to the bail bond licensee of an amount equal to any bail premium billed, less an administrative reimbursement for an amount equal to 2% of the bond liability amount and the premium tax paid to the state by a licensed surety company in connection with the posting of the bail bond.