Chapter 7 – Adult Case Records Information

73040.9 Release on Bail

• All court orders for the release of an incarcerated person on bail received from an individual other than a deputy sheriff, and bail bond orders received by mail, shall be confirmed before the incarcerated person is released by contacting the clerk of the issuing court.

• Court orders releasing an incarcerated person on bail pending appeal serve as a suspension of judgment. The release shall not be recorded as a discharge on departmental records.

• When an incarcerated person is released on bail pending appeal, the CCRMCorrectional Case Records Manager shall contact the superior court of the committing county on a semiannual basis to determine the status of the case.

• If a copy of a Court of Appeal or Supreme Court opinion is received, which specifies the judgment is reversed and is final, the CCRMCorrectional Case Records Manager shall discharge the case. Utilizing a departmentally approved method, the decision and discharge shall be recorded in the C-File as: “subject discharged by Court of Appeal (or Supreme Court) decision reversing judgment while free on bail.”

• If an incarcerated person is returned to departmental custody after posting bail pending appeal, the period of time the incarcerated person was released on bail shall be dead time on departmental records.