Title
Rules and Forms | Criminal Law: Findings and Orders for Pretrial Release or Detention (Action Required)
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Summary
In In re Humphrey (2021) 11 Cal.5th 135, the Supreme Court held that conditioning pretrial release from custody solely on whether an arrestee can afford bail is unconstitutional and articulated a framework for bail determinations based on public and victim safety. To assist courts with making the appropriate findings and orders for pretrial release or detention as articulated in In re Humphrey and in line with statutory and constitutional requirements, the Criminal Law Advisory Committee recommends a new form for optional use.
Recommendation
The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2026, approve Findings and Orders for Pretrial Release or Detention (form CR-104).