In Los Angeles County felony cases, the Probation Department’s Own Recognizance Program gathers and verifies background information for the court before a judge decides whether to release a defendant on their own recognizance (OR), meaning on a promise to appear instead of bail. The program interviews the defendant, checks criminal history, verifies information with references, assesses suitability for release, and contacts the arresting agency, then gives the court a written report with a recommendation. The judge makes the decision.

What the investigation covers

The program lists its procedures as:

  • Interviewing the defendant.
  • Checking the defendant’s criminal background, if any.
  • Verifying the defendant’s information with the references provided.
  • Assessing the defendant’s release suitability.
  • Contacting the arresting law enforcement agency for additional comments.

The results go to the court in “a written report that includes an overall evaluation and recommendation” on whether the defendant should be released on a promise to appear at future court dates. The program describes its service as covering all Los Angeles County Superior Courts that handle felony criminal cases.

What state law requires, and when

Penal Code section 1318.1 lets a court, with the concurrence of the county board of supervisors, employ investigative staff to recommend whether a defendant should be released on OR. Where a court does so, a report is mandatory in every case involving a violent felony listed in Penal Code section 667.5(c) or a felony violation of Vehicle Code section 23153(a) (driving under the influence causing injury). That report must include written verification of outstanding warrants, prior failures to appear, the defendant’s criminal record, and where the defendant lived during the past year, and it must be certified and given to the court before the hearing described below.

Keep the two scopes separate. The program describes its service as reaching felony cases generally, while the statute’s mandatory report covers only violent felonies and felony DUI causing injury. The program’s page does not say whether its process differs for other felony charges.

For a violent felony, an open-court hearing comes first

Under Penal Code section 1319, a person arrested for a violent felony cannot be released on OR until a hearing is held in open court and the prosecutor has notice and “a reasonable opportunity to be heard.” OR release must be refused if clear and convincing evidence shows the defendant was previously charged with a felony and willfully, without the court’s excuse, failed to appear while that charge was pending. Otherwise, the court must consider any outstanding felony warrants, the information in the section 1318.1 report, and any information the prosecutor presents. A report that has not arrived by the hearing does not, by itself, prevent release. The judge must state the reasons for granting or denying OR release in the record.

What an OR release agreement requires

OR release is not unconditional. Under Penal Code section 1318, the defendant is not released until filing a signed release agreement that includes promises to appear at all times and places the court orders, to obey all reasonable conditions the court imposes, and not to leave California without the court’s permission; an agreement to waive extradition if the defendant fails to appear and is caught outside California; and an acknowledgment of having been told the consequences of violating the conditions.

What to expect and how to prepare

  • Expect an interview, a criminal history check, and calls to the references you list. Give accurate contact information, since the program verifies what it is told.
  • Expect the program to contact the arresting agency for its comments.
  • In a violent felony case, expect an open-court hearing with notice to the prosecutor, not an informal decision.
  • Treat the report as a recommendation. The judge decides, and a late report does not by itself block release.
  • Read the release agreement before signing it; violating any of its terms carries consequences.

If OR is denied and bail is set, asking the court to lower it is a separate, later step; see the firm’s page on a motion for bail reduction. For a Los Angeles County felony case, the Law Offices of David S. Chesley can help you prepare accurate information for the OR interview and the court. Call (800) 755-5174.