Bail Conditions in California

By Jane Un, licensed bail agent #1843448. Updated October 29, 2026.

Getting out of jail is only the start. Most releases come with rules. Some are printed in a form everyone signs, and others are added by the judge for one person. Break them and the person can lose their release, face higher bail or get a new charge. Know them before you leave.

This guide explains the common conditions in California, including the promises required by Penal Code section 1318, supervised release with GPS, travel limits, no contact orders and what to do if a condition does not fit real life. It is meant for the person released and for the family who helps.

Where conditions come from

Conditions can come from several places.

• The release agreement that comes with release on own recognizance, defined in Penal Code section 1318.
• The judge's own terms when setting bail or releasing a person at arraignment.
• A protective order in the criminal case under Penal Code section 136.2.
• A county pretrial program or supervised release program, where one exists.
• The bond paperwork, which has its own rules, such as keeping the agent informed of your address.

A judge can attach terms in several ways. Under Penal Code section 1269c, a magistrate setting bail may do so on the terms and conditions the magistrate, in his or her discretion, deems appropriate, or may authorize release on own recognizance. The California Courts Self Help Center says a judge at arraignment may release on own recognizance, release under supervision such as home detention or an ankle monitor, set bail or set no bail.

The promises required by Penal Code 1318

Penal Code section 1318 says a person cannot be released on own recognizance until the person signs a release agreement. The agreement must include these things.

1. A promise to appear at all times and places as ordered by the court or magistrate, and by any court where the charge is later pending.
2. A promise to obey all reasonable conditions imposed by the court or magistrate.
3. A promise not to depart the state without leave of the court.
4. An agreement to waive extradition if the person fails to appear and is apprehended outside California.
5. An acknowledgment that the person has been told the consequences and penalties for violating the conditions.

Penal Code section 1270 says a person arrested for or charged with an offense other than a capital offense may be released on own recognizance, and that article 9, which starts at section 1318, applies to any person released that way. A person arraigned on a misdemeanor complaint in custody is entitled to own recognizance release unless the court finds on the record that it would compromise public safety or not reasonably assure appearance.

Notice the third promise. A person on own recognizance release cannot leave California without the court's permission. People on bail generally face similar limits through the judge's orders. Ask before any trip across the state line, even for a funeral. A short written permission from the court is easy to get when asked ahead of time, and hard to fix after the fact.

Common conditions judges use

Conditions are chosen to fit the person and the case. These are the most common.

• Appear at every court date and keep your contact information current.
• Obey all laws. A new arrest can end a release.
• No contact or stay away orders, often in cases with an alleged victim or witness.
• No firearms or weapons.
• No alcohol or drugs, with screening in some cases.
• Stay in the county or the state, or surrender a passport.
• A curfew or home detention.
• Electronic monitoring, often called an ankle monitor or GPS.
• Reporting to a pretrial or supervision program, in person or by phone.
• Work, school or treatment, such as a counseling or recovery program.
• Living at a specific address.

Courts must think about less restrictive options. In the 2021 California Supreme Court decision In re Humphrey (2021) 11 Cal.5th 135, the court held that judges must consider ability to pay and less restrictive alternatives, such as supervision or monitoring, before setting money bail that effectively jails a person who cannot afford it. That is one reason conditions are more common now than they once were. See bail reduction hearings.

GPS and electronic monitoring

An electronic monitor is a device, usually worn on the ankle, that records location and sends alerts. A judge may order one as a condition of release. Details differ by county and program, so ask the lawyer or the program.

Questions to ask.

• Who pays for the device, and is there a daily or monthly fee.
• What are the allowed hours and places, such as work, court, a lawyer, medical care and religious services.
• How do I charge it, and what happens if the battery dies or the signal drops.
• How do I ask for a change when a job schedule changes.
• What counts as a violation, and who gets told.

Keep a written schedule for the monitor. Ask the program for the terms in writing. Tell the lawyer at once if the device fails, so a record exists that you reported it.

Travel and moving

Travel limits are common. A judge may require the person to stay in the county, to stay in California or to ask permission to travel. The Penal Code 1318 promise to not leave the state without leave of the court sets the baseline for own recognizance release.

To travel, a person usually has to ask in writing or at a hearing. The lawyer will ask the court for permission and give the dates, the place and the reason. Do not go first and ask later. Tell us too. Our bond paperwork asks for your address and contact details, and a move should not be a surprise.

No contact and stay away orders

Judges often order the person not to contact an alleged victim or witness. These come from Penal Code section 136.2, which lets a court issue orders including no contact except through an attorney, a stay away order and protection by a law enforcement agency, when there is good cause to believe harm or intimidation has occurred or is likely. Our domestic violence bail guide explains how these work in family cases.

Violating one can mean arrest, a higher bail or a return to custody, even if the protected person starts the contact. Only a judge can change the order.

What happens if a condition is broken

The court can revoke release, raise bail, add conditions or return the person to custody. A prosecutor or an officer can ask for this, and a judge decides. A new arrest while on release can also bring new charges and a stricter bail. If the person is out on a bond, a violation may also alarm the surety, though the court's own forfeiture rules apply mainly to missed court dates. Under Penal Code section 1305, failing to appear without sufficient excuse forfeits the bond. See bail forfeiture under PC 1305 and bond reinstatement.

If a condition does not fit your life

Conditions can be changed. Judges respond to a calm, early, written request, not to a quiet violation. Here is a simple path.

1. Write down which condition is a problem and why. A new work shift, a medical need or a family emergency.
2. Collect proof. A letter from an employer, a doctor's note or a school schedule.
3. Tell the lawyer or public defender. The lawyer asks the court for a change.
4. Follow the condition until the court says otherwise.

Our resources directory lists free legal help if you do not have a lawyer.

A first week checklist after release

The first days set the pattern. Use this list.

1. Read every page you were handed at release. Photograph it so there is a copy on your phone.
2. Write each court date, the court name, the department and the case number on a paper calendar and on your phone with two alarms.
3. Save the lawyer's name and number, the program officer's number if there is one and ours.
4. Put each condition in your own words on one page, such as no alcohol, home by 9 PM, stay in the county, no contact with one named person.
5. Tell family and the people you live with what the conditions mean, so no one invites a problem. A friend who offers a drink or a ride out of the county does not realize the risk.
6. Check your address and phone with the court and with us. If either changes, update everyone the same day.
7. If any condition cannot work, call the lawyer within a day, not at the end of the month.

Keep copies in a safe place and bring them to every hearing, because a judge may ask to see what was signed and what was ordered. Families sometimes ask whether conditions end when the bond is posted. They do not. They last until the judge changes them or the case ends.

Conditions and a bail bond

A bond is separate from conditions, but the two work together. The bond keeps the person out while the case goes on, and the conditions say how. We ask for current contact information, we explain the court dates and we ask you to tell us if anything changes. {{PREMIUM}}

If the person in custody is pregnant, ask about our free bail program for qualifying pregnant women. Premium is waived for qualifying applicants who are 8 months or more along, with bail of $50,000 or less, a non-violent charge and a working co-signer with proof of income. It is subject to approval. If you do not qualify, ask anyway, because we are often able to help.

Jane Un is often in court at arraignment with families, when many conditions are set. We try to help you understand each one before you leave. {{CALL}}

This guide is general information and not legal advice. Talk to your own lawyer or the public defender about your case. Our resources directory lists public defenders, court self help centers and legal aid.