What is current law right now
- Cash bail remains in effect statewide; the 2018 law that would have abolished it (SB 10) was rejected by voters through Proposition 25 in 2020.
- Illinois remains the only state to have fully eliminated cash bail — see what states do not have cash bail.
- In re Humphrey requires courts to consider ability to pay and non-financial conditions, and to justify outright detention by clear and convincing evidence.
- County bail schedules are re-adopted annually under Penal Code §1269b, so the scheduled amount for a charge can change year to year.
The categories where bail can be denied
Under Article I, Section 12: capital crimes with evident facts or great presumption; violent felonies or felony sexual assault with a substantial likelihood of great bodily harm on release; and felonies involving a threat of great bodily harm with a substantial likelihood the threat is carried out.
Charges most often argued as no-bail
| Charge type | Typical posture in 2026 |
|---|---|
| Capital murder | Bail frequently denied after a §12 hearing |
| Violent felony with GBI allegation | Very high bail; denial argued case by case |
| Felony sexual assault | High bail; denial argued under §12 |
| Domestic violence with prior/protective order | Bailable; cooling-off period and protective orders apply |
| Probation or parole violation | Often no-bail hold on the violation, not on the new charge |
If someone is being held with no bail
Confirm whether it is a constitutional denial or a hold. Holds clear; denials require a motion or writ. Our warrant and 1275 hold pages explain the two most common blockers, and the LA County courthouse directory shows where the hearing will be.