Bail.

Plain English Breakdown

The bill does not provide details on what happens if someone misses a court date before getting their refund, leaving this aspect uncertain.

Bail Refund Rules

The bill sets rules for refunding bail money if charges are dropped or not filed within a certain time after someone is arrested.

What This Bill Does

• If the prosecutor asks to drop charges within 21 days of when the person first appears in court and their bond has been cleared, they must get a refund minus some fees.
• If the prosecutor does not file new charges within 21 days after someone pays bail and misses no mandatory court dates, they also get a refund minus fees.
• The bill requires licensed bail surety agents to issue refunds if these conditions are met.

Who It Names or Affects

• People who pay bail and have their charges dropped quickly
• Licensed bail surety agents that must issue refunds

Terms To Know

arraignment

The first court appearance where a person is told what they are charged with.

exonerated

When the bond money is returned to the person who paid it.

Limits and Unknowns

• It only applies to bonds made on or after January 1, 2026.
• The bill does not specify what happens if someone misses a court date before getting their refund.

Official Summary Text

SB 562, as amended, Ashby.
Bail.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail, as specified, and requires the superior court judges, when adopting that schedule, to consider the seriousness of the offense charged and assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, as specified.
This bill would, if a prosecuting agency files a motion to dismiss a complaint or indictment within 21 days of the defendant’s
original
arraignment and the defendant’s bond has been
exonerated, or if the prosecuting agency fails to file charges within 21 days of the posting of the arrestee’s bail surety
bond and
bond,
the arrestee has not missed any court appearances where the arrestee’s presence is mandatory,
and the arrestee’s bond has been exonerated,
require the court to
exonerate the bond and
order the licensed bail surety agent to provide a refund to the entities or persons who were billed the money or property to the bail bond licensee of an amount equal to any bail premium paid, less an administrative reimbursement for an amount equal to 2% of the bond liability amount and the premium tax paid to the state by a licensed surety company in connection with the posting of the bail bond.
The bill would apply only to a bail surety bond entered into on or after January 1, 2026.
This bill would make these provisions severable.

Current Bill Text

Download Bill PDF