California – The California prison system will take center stage on Tuesday, November 30, in front of the U.S. Supreme Court in a case known as Schwarzenegger vs. Plata. Under review: A California federal district court ruling in January mandating that the state cut the California prison population by approximately 40,000 and cap the inmate population at 137.5% of capacity within two years.

The January ruling was prompted by the conclusion that overcrowding in the state’s prison system (the largest population in the nation) is the main cause of poor medical and mental health care that violates prisoner’s Eighth Amendment right to be free from cruel and unusual punishment. Beyond capacity for two decades, the California prison system currently holds 164,000 inmates in a system designed to house approximately 80,000.

However, California officials argue that the January ruling by the three-judge panel overstepped boundaries and that the judges did not have the authority to issue the release order. The Supreme Court will determine if the judges correctly applied the relevant 1996 federal Prison Litigation Reform Act, which governs how federal courts can be involved in the management of state prisons. The Supreme Court will not be responsible for judging if the ruling was necessary or if overcrowding is the primary contributor to substandard health care.

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Generally, California DUI arrests are released once determined sober; however, arrests can sometimes result in the accused remaining in custody until bail is posted. Drivers who are arrested for driving under the influence are either cited and released on their own recognizance (OR), or held until bail is posted. Arrests for a DUI in the state of California typically result in an OR and do not have to post bail. Suspects are usually held for a number of hours and then released once the arresting agency is confident that the arrestee is sober and not in a state of causing harm.

However, California arrestees are sometimes required to post bail, even when the offense is a misdemeanor DUI arrest. This situation typically takes place when the arrestee refuses to submit to chemical testing; where there is a blood or breath alcohol level (BAC) that is .15 percent or higher; or when there is an accident or injury involved. Felony DUI cases will definitely result in the requirement of posting bail. Each county has its own bail schedule, which sets bail for each criminal charge, type of crime, or arrest. A felony CA DUI arrest will require bail of approximately $100,000. To determine the exact cost of bail for you, or your loved one, contact your local All-Pro Bail Bonds office.

Traditionally, bail is a form of property deposited or pledged to a court to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail. In some cases, bail money may be returned at the end of a trial if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime. If the suspect does not have the funds to post bail themselves, a bail bondsman is contacted. A bail bond agent is any person or corporation that will act as a guarantee and pledge money or property as bail for the appearance of an accused criminal in court. Bonds agents have a standing security agreement with local court officials, in which they agree to post a “blanket” bond, which will pay the court if any defendant for whom the bond agent is responsible for does not appear. The bond agent usually has an arrangement with an insurance company, bank or another credit provider to draw on such security, even during the hours when banks are not open. This eliminates the need for the bondsman to deposit cash or property with the court every time a new defendant is bailed out. In most jurisdictions, bond agents must be licensed to do business within the state. All-Pro Bail Bonds is currently licensed to post bail in the state of California and complies with Insurance code 1820 by displaying the license in all office locations throughout the state.

All-Pro Bail Bonds have offices in the following locations:
• 323 Texas Street – Fairfield, CA 94533 – 707.421.1211
2117
• Merced Avenue – Fresno, CA 93721 – 559.230.2245
1230
• 1st Street #203 – Gilroy, CA 95020 – 408-848-2663
• 1490 R Street – Merced, CA 95340 – 209.527.2245
• 1200 H Street – Modesto, CA 95354 – 209.527.2245
• 208 Marshall Street – Redwood City, CA 94063 – 650.336.2245
• 109 West C Street, Suite E – San Diego, CA 92101 – 619.702.2245
• 1100 N. 1st Street – San Jose, CA 95112 – 408.286.2245
1345
• S. Mooney Blvd. – Visalia, CA 93277 – 559.733.2245
• 510 Hacienda, Suite 108 – Vista, CA 92081 – 760.941.2245

California – In January 2010, a California federal district court ruling mandated that the state cut the California prison population by approximately 40,000 over a two-year period. While the January ruling is currently under review by the Supreme Court, local California officials are still preparing for the outcome of significantly reducing the prison population.

Among the proposed solutions for lowering the prison population is non-revocable parole (NRP), a program that is the non-supervised version of parole where parolees do not report to a parole agent. Although non-revocable parolees are not supervised, they are still subject to being search at any time. Sex offenders, serious or violent crime felons, validated prison gang members and people who pose a “high risk” to re-offend are not eligible for NRP.

The state Department of Corrections and Rehabilitation cites the following benefits to the NRP program:
1. Removes low level offenders from parole supervision
2. Allows CDCR to focus parole supervision on the most serious and violent parolees
3. Allows law enforcement to continue to conduct warrant-less searches on NRP parolees
4. Reduces the number of parolees returned to custody for parole violations
5. Reduces the need for bed space in county jails and state prisons