The Eighth Amendment of the U.S. Constitution reads, "Excessive bail shall not be required..." Purusant to Title 18, United States Code, Section 3142, based on defendant background information available at the time that bail is decided, the judicial officer has a variety of options when determining reasonable bail.  There are four forms of "bail" that judicial officers in the Northern District of California normally apply:     

1. Own Recognizance:  Defendants who have no identified risks, either nonappearance and/or danger to the community, can be relesed by the Court on their own recognizance.  In these cases, there is no financial obligation set and the defendant is not supervised by the U.S. Pretrial Serviecs Agency. 
2. Personal Recognizance:  Defendants who have identified risks which can be reasonably mitigated by pretrial supervison and applicable release conditions can be released on their personal recognizance.  There is financial obligation set, however, the defendant is supervised by the U.S. Pretrial Serviecs Agency.  
3. Unsecured Bond:  Defendants who have identified nonappearance risks may warrant a financial obligations along with pretrial supervision.  An unsecured bond can be guaranteed by the defendant's own signature, or if the judicial officer finds it necessary, can invovled other individuals who also sign on the bond.  Financial assest such as real property and cash are not posted with the Court.  However, should the defendant intentionally fail to appear or violate any other terms of the bond, individuals who have signed on the bond can be held financially liable for the entrire bail amount.  The defendant may or may not be supervised by the U.S. Pretrial Services Agency.  
4. Secured Bond:  Defendants who have identified significant nonappearance may warrant a Elsecured bond.  In these cases, the defendant and/or family and community members may be requried to post financial assets with the Court in order to gain release.  Security generally takes the form of cash or real property (e.g. a house).  See Northern District of California General Order #55 for details regarding the posting process.  Should the defnedant intentionally failed to appear or violated any other terms of the bond, posted assets can be ordered forfeited.  The defendant may or may not be supervised by the U.S. Pretrial Services Agency.  

Bail Resource Eligibility:  The judicial officer makes the final determination as to the sutability of a potential bail resource, however, during the course of the bail investigation, U.S. Pretrial Services examines the following factors, which are shared with the judicial officer: 

• Available Fnancial Assets:  Does the proposed bail resource own real property, either encumbered or unencumbered?  Does the proposed bail resource have cash they are willing to post with the Court?  How much in total net assets does the proposed bail resource have? 
• Income:  Does the proposed bail resource have gainful employment or other viable source of income?  
• Relationship with the Defendant:  How well/long does the proposed bail resource know the defendant?  What is the nature of their relationship? How frequently do they have contact with the defendant?  
• Criminal Record:  Does the proposed bail resource have a criminal history?  Do they have pending criminal matters and/or are currently under community supervision (e.g. probation, parole)?