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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

San Luis Obispo County Grand Jury • 2015-2016

Keeping Suspects in Custody: When is Scheduled Bail Not Enough?

Published: June 30, 2016 8 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 8 findings

Of the eight county law enforcement agencies (Sheriff and the seven city police departments), not every agency had a formal training program for PC1269c.

Related Recommendations (2)

The District Attorney should coordinate formal training programs for the local law enforcement agencies in the process for obtaining bail increases.

Local law enforcement agencies should work with the District Attorney in the development of the above policies and programs within the resources of their respective departments.

The recommendation of the San Luis Obispo County Superior Court regarding the responsibility of officers to seek a bail increase “…if the scheduled bail is not adequate for the crime … ” and to “… make their personnel cognizant of Penal Code Sections 1269c . . .” was not being adhered to by all law enforcement agencies.

Related Recommendations (2)

The District Attorney should coordinate the development of uniform written policies and procedures for local law enforcement agencies to make requests of the court for appropriate bail increases.

Local law enforcement agencies should rely only on California State Law when considering whether a bail increase is appropriate. REQUIRED RESPONSES 1. The San Luis Obispo County District Attorney is required to respond to Findings 4, 5, 6, and 8 and Recommendations 1, 2, and 3. 2. The San Luis Obispo County Sheriff is required to respond to Findings 1, 2, 3, 4, 5, 6, and 7 and Recommendations 1, 2, 3, and 4. 3. The Chiefs of Police for each of the following agencies: Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Pismo Beach, Paso Robles and San Luis Obispo are required to respond to Findings 1, 2, 3, 4, 5, 6, and 7 and Recommendations 1, 2, 3, and 4. Presiding Judge Grand Jury Presiding Judge Barry T. LaBarbera San Luis Obispo County Grand Jury Superior Court of California P.O. Box 4910 1035 Palm Street Room 355 San Luis Obispo, CA 93403 San Luis Obispo, CA 93408

The failure of law enforcement officers to be “… cognizant of Penal Code Sections 1269c . . .” and be regularly trained in its use can lead to situations where public safety is compromised and/or justice is thwarted.

Related Recommendations (2)

The District Attorney should coordinate formal training programs for the local law enforcement agencies in the process for obtaining bail increases.

Local law enforcement agencies should work with the District Attorney in the development of the above policies and programs within the resources of their respective departments.

The processes are in place for San Luis Obispo County law enforcement officers to readily prepare requests for bail increases and submit the requests to a judge for approval.