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Pen. Code, § 1203.25 · Chapter 1. The Judgment

Pen. Code, § 1203.25

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) All persons released by a court at or after the initial hearing and prior to a formal probation violation hearing pursuant to subdivision (a) of Section 1203.2 shall be released on their own recognizance unless the court finds, by clear and convincing evidence, that the particular circumstances of the case require the imposition of an order to provide reasonable protection to the public and reasonable assurance of the person’s future appearance in court.

(1) The court shall make an individualized determination of the factors that do or do not indicate that the person would be a danger to the public if released pending a formal revocation hearing. Any finding of danger to the public must be based on clear and convincing evidence.

(2) The court shall not require the use of any algorithm-based risk assessment tool in setting conditions of release.

(3) The court shall impose the least restrictive conditions of release necessary to provide reasonable protection of the public and reasonable assurance of the person’s future appearance in court.

(b) Reasonable conditions of release may include, but are not limited to, reporting telephonically to a probation officer, protective orders, a global positioning system (GPS) monitoring device or other electronic monitoring, an alcohol use detection device, or search and seizure by a probation officer or other peace officer. The person shall not be required to bear the expense of any conditions of release ordered by the court.

(c) (1) Bail shall not be imposed unless the court finds by clear and convincing evidence that other reasonable conditions of release are not adequate to provide reasonable protection of the public and reasonable assurance of the person’s future appearance in court.

(2) “Bail” as used in this section is defined as cash bail. A bail bond or property bond is not bail. In determining the amount of bail, the court shall make an individualized determination based on the particular circumstances of the case, and it shall consider the person’s ability to pay cash bail, not a bail bond or property bond. Bail shall be set at a level the person can reasonably afford.

(d) The court shall not deny release for a person on probation for misdemeanor conduct before the court holds a formal probation revocation hearing, unless the person fails to comply with an order of the court, including an order to appear in court in the underlying case, in which case subdivision (a) shall apply.

(e) The court shall not deny release for a person on probation for felony conduct before the court holds a formal probation revocation hearing unless the court finds by clear and convincing evidence that there are no means reasonably available to provide reasonable protection of the public and reasonable assurance of the person’s future appearance in court.

(f) All findings required to be made by clear and convincing evidence under this section shall, based on all evidence presented, including, but not limited to, any probation report, be made orally on the record by the court. The court also shall set forth the reason in an order entered upon the minutes if requested by either party in any case in which the proceedings are not being reported by a court reporter.

(g) If a new charge is the basis for a probation violation, nothing in this section shall be construed to limit the court’s authority to hold, release, limit release, or impose conditions of release for that charge as permitted by applicable law.

Notes and commentary — not statutory text

History

Amended by Stats. 2023, Ch. 218, Sec. 8. (SB 852) Effective January 1, 2024.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1203.25.
Text hash
sha256 df096998131e4aa61cd20fa60c0b4a204909644e880d094fdc93362a47982fd3
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compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.