California Legal Brief

The Rule of In re Kowalczyk is that trial courts may only deny bail in noncapital cases for offenses specified in California Constitution article I, section 12, subdivisions (b) and (c), and when setting monetary bail, must generally set it in an amount that is reasonably attainable for the defendant based on an individualized assessment of the totality of circumstances, under circumstances where pretrial detention is not warranted under section 12 subdivisions (b) or (c).

The Rule of In re Bergstrom is that Penal Code section 292 validly implements California Constitution article I, section 12's bail exception by defining specified sexual offenses against children as involving acts of violence and great bodily harm, under circumstances where the constitutional provision does not itself define these terms and the Legislature has authority to implement this constitutional bail exception.