San Bernardino County Bail Schedule: Felonies and Enhancements

The San Bernardino County bail schedule is the court-approved list of preset dollar amounts assigned to every bailable felony and misdemeanor, and the current version took effect on January 1, 2026.¹ It lets someone post bail and leave jail shortly after booking without waiting for a judge. Violent felonies start at $100,000 and serious felonies at $50,000, with firearm enhancements adding anywhere from $100,000 to $1,000,000 on top of the base figure. The schedule is a starting point. A judge can raise or lower the amount at arraignment, and California law now requires the court to consider whether the person can actually afford what it sets.

Finding the Schedule and Looking Up a Charge

The full schedule is published as a PDF on the San Bernardino Superior Court website.¹ State law requires each county’s superior court judges to adopt and annually revise this schedule for all bailable offenses.² To find the right amount, you need the exact code section listed on the booking paperwork: a Penal Code, Health and Safety Code, or Vehicle Code number with its subsection. The jail booking receipt will show this, and the Sheriff’s Department bail information line at (909) 350-2476 can confirm the charges and bail.³

Pay attention to the subsection. First-degree burglary with someone present inside the building falls under the violent felony category at $100,000. First-degree burglary of an unoccupied structure is a serious felony at $50,000. Same statute number, very different bail. The Sheriff’s Department also runs an online inmate locator that can verify charges and the current bail status for someone in custody.³

Felony Bail Amounts

The 2026 schedule groups felonies into tiers. Two categories carry fixed amounts:¹

Violent felonies: $100,000. Includes robbery, carjacking, kidnapping, and first-degree burglary when someone is present.
Serious felonies: $50,000. Includes first-degree burglary of an unoccupied structure, assault with a deadly weapon, and several other offenses.

Felonies that don’t appear on either list use a sliding scale tied to the maximum prison sentence the charge carries:¹

3 years or less: $30,000
4 years: $40,000
5 years: $50,000
6 to 10 years: $60,000 to $100,000, scaling by $10,000 per year
11 to 15 years: $110,000 to $150,000
16 years or more but less than life: $500,000
Life: $1,000,000
Life without parole or death: no bail

Drug possession under Health and Safety Code 11350 lands in the “3 years or less” tier at $30,000. Robbery under Penal Code 211 sits in the violent felony category at $100,000. Misdemeanors carry lower amounts set out in a separate section of the same schedule. Judges also have discretion to set zero bail for offenses in the “all other felonies” category.

Enhancements That Add to the Base

Enhancements are allegations layered on top of the primary charge, and they can dwarf the base. Each one has its own dollar figure added to whatever the underlying offense carries. The firearm-related add-ons in the 2026 schedule are:¹

Using a firearm during a felony (PC 12022.5): add $100,000
Using a firearm during certain specified felonies (PC 12022.53(b)): add $100,000
Discharging a firearm during those felonies (PC 12022.53(c)): add $200,000
Discharging a firearm and causing great bodily injury (PC 12022.53(d)): add $1,000,000

Prior “strike” convictions push the number up as well. One prior strike adds $50,000. Two or more add $50,000 per strike when the current charge is a non-serious, non-violent felony. A defendant facing a $50,000 serious felony bail with a firearm use allegation and one prior strike would see bail calculated at $50,000 + $100,000 + $50,000, or $200,000. Looking only at the base offense amount gives a misleading picture of what someone actually needs to post.

Bail With Multiple Charges

When an arrest involves several charges, the total depends on whether the charges come from the same incident or from separate ones:¹

Same set of circumstances: only the single highest bail amount applies, plus any enhancements. Robbery ($100,000) and assault ($50,000) from one incident means $100,000 total, not $150,000.
Different occasions or different victims: each charge gets its own bail amount, and the amounts are added together.

The stacking rule also applies to multiple sex crimes, even against the same victim, where each count is calculated independently and added together. This distinction can be the difference between a $100,000 bail and a $300,000 bail on the same arrest.

What Happens at Arraignment

The schedule number is temporary. California law requires that a defendant be brought before a judge within 48 hours of arrest, not counting Sundays and court holidays.⁴ Someone arrested Wednesday evening after court closes may not see a judge until Friday. Until that first appearance, the schedule amount is the only figure the jail uses to decide release. Anyone who can post the scheduled amount before arraignment walks out on that amount. Once arraignment happens, the judge takes over and may set bail higher, lower, or at zero.⁵ The court looks at criminal history, ties to the community, employment, and the severity of the alleged offense.⁶

The Humphrey Ability-to-Pay Requirement

Since the California Supreme Court’s 2021 decision in In re Humphrey, a judge cannot set bail at an amount the defendant clearly cannot afford without first considering alternatives. The court held that detaining someone before trial solely because they lack the money to post bail violates both the state and federal constitutions.⁷ Before ordering cash bail, the court must make an individualized finding that the person can afford the amount, or that detention is necessary to protect victims, public safety, or court appearance and that no less restrictive condition would work.

In practice, defense attorneys argue at arraignment that the scheduled amount is unaffordable and ask for lower bail or non-monetary conditions like pretrial check-ins, electronic monitoring, or a stay-away order. The judge has to consider those alternatives before defaulting to the schedule figure. Anyone facing an unaffordable bail amount should make sure their attorney raises this at arraignment.

Release on Own Recognizance

The court can skip bail and release someone on their own recognizance, with no money required.⁸ For serious and violent felonies, a hearing must be held before that happens, and the prosecutor gets notice and an opportunity to argue against it.⁶ If the judge departs from the schedule in either direction, the reasons must be stated on the record.

When Bail Can Be Denied

Not every charge is bailable. The California Constitution lets courts deny bail in three situations:⁹

Capital offenses when the evidence against the defendant is strong.
Violent felonies or felony sexual assaults when the evidence is strong and clear and convincing proof shows a substantial likelihood of great bodily harm to others if the person is released.
Felonies involving threats of great bodily harm when the evidence is strong and there is a substantial likelihood the person would carry out the threat.

The schedule itself lists “No Bail” for offenses carrying life without parole or the death penalty.¹ For other offenses, a judge can place a “no bail” hold after a hearing, but the prosecution carries a heavy burden to justify it.

Posting Bail: Cash vs. Bond

San Bernardino County accepts bail 24 hours a day at any of its jail facilities. Accepted forms include cash, checks, money orders, property bonds, and bail bonds.¹⁰ The Sheriff’s bail information line is (909) 350-2476.³

Most people cannot post the full amount in cash. A licensed bail bond agent posts a surety bond guaranteeing the full amount to the court. In exchange, the defendant or family pays the agent a non-refundable premium, most commonly 10% of the total bail, at rates regulated by the California Department of Insurance.¹¹ On a $100,000 bail that is $10,000, and you never get it back regardless of outcome.

This is the trade-off that trips people up. Pay $100,000 in cash and you get it back when the case ends (minus possible deductions) once the bail is exonerated after sentencing, a plea, an acquittal, or a dismissal. The refund is not instant: expect a check mailed to the address on the bail receipt roughly 4 to 12 weeks after the order of exoneration, with any outstanding fees or fines deducted first. Pay $10,000 to a bond agent and the person gets out for a fraction of the cost, but the $10,000 is gone permanently. On a $30,000 bail the premium is $3,000; on a $200,000 bail with enhancements the premium alone is $20,000. Understand the cost before signing anything.

Source-of-Funds Holds

Even with the money in hand, a hold can block release if the funds look like they came from criminal activity. Under California Penal Code 1275.1, a judge can order a hold after a law enforcement officer or prosecutor files a sworn statement asserting probable cause that the bail money was obtained through a felony. The judge can also make that finding independently.

Once a hold is placed, the burden shifts to the defendant to prove by a preponderance of the evidence that the money was not feloniously obtained. If a sworn declaration triggering a hold is not acted on by a judge within 24 hours, the defendant must be released once bail is posted. Loan proceeds are allowed as long as both the loan and the repayment come from legitimate funds. Misrepresenting the source of bail money can lead to higher bail and will be held against the defendant in later hearings.

Missing a Court Date

Failing to appear triggers two separate problems: new criminal charges and the loss of all bail money.

If someone released on their own recognizance on a misdemeanor willfully fails to show, that is a new misdemeanor. If the underlying charge was a felony, failure to appear is itself a felony punishable by up to $5,000 in fines and additional jail or prison time.¹² The law presumes an intent to evade the court if the defendant does not appear within 14 days of the scheduled date.

The court must declare bail forfeited when a defendant misses any required appearance, including arraignment, trial, or sentencing. A 180-day window follows, during which the defendant can appear voluntarily, be surrendered by the bail agent, or be arrested. If the defendant shows up within that period, the court vacates the forfeiture and exonerates the bond.¹³ If the 180 days pass with no resolution, the court enters a summary judgment against the bail bond company for the full amount plus costs.¹⁴ The bond company will then pursue the defendant and any co-signers. If cash bail was posted directly, the cash is simply lost to the county.

1
Superior Court of California, County of San Bernardino. Felony and Misdemeanor Bail Schedule
2
California Legislative Information. California Code, Penal Code PEN 1269b
3
San Bernardino County Sheriff’s Department. Corrections / Jails
4
California Legislative Information. California Code, Penal Code PEN 825
5
San Bernardino County Public Defender. How Is Bail Set?
6
California Legislative Information. California Penal Code 1270.1 – Bail
7
Justia Law. In re Humphrey – California Case Law
8
San Bernardino County Public Defender. FAQs – Section: Jail
9
Justia Law. California Constitution Article I Section 12 – Declaration of Rights
10
San Bernardino County Public Defender. How Do I Post Bail?
11
California Department of Insurance. Bail Bonds
12
California Legislative Information. California Code, Penal Code PEN 1320
13
California Legislative Information. California Code, Penal Code PEN 1305
14
California Legislative Information. California Code, Penal Code PEN 1306