Title
Rules and Forms | Criminal Law: Pretrial Release or Detention (Action Required)
body
Summary
In its decision in In re Kowalczyk (2026) 19 Cal.5th 593, the California Supreme Court provided important guidance regarding the constitutional parameters for pretrial release or detention. These clarifications include confirming the framework in In re Humphrey (2021) 11 Cal.5th 135 for pretrial release based on public and victim safety, specifying the circumstances under which a court may order the detention of a defendant prior to trial, and setting reasonable and attainable monetary bail based on an individualized assessment of the totality of the circumstances. To assist courts with making the appropriate findings and orders for pretrial release or detention as articulated in the decision and in line with statutory and constitutional requirements, the Criminal Law Advisory Committee recommends revising Findings and Orders for Pretrial Release or Detention (form CR-104).
Recommendation
The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2027, revise Findings and Orders for Pretrial Release or Detention (form CR-104) to implement recent case law on pretrial release or detention and to make additional clarifying changes.