
I was just curious about whether or not bail would be allowed if a person had tried to escape or had actually escaped from prison before.
No. According to penal codes 4530a and b, escape, attempted escape from prison with or without force or violence are both not eligible for bail. This means that if a person has attempted to escape or has escaped from prison in the past and is caught, that person will be booked and will not be able to be released from the booking on bail. The person will have to await trial in jail.
The reason that the defendant will be denied bail is because the judge will determine that the individual is most likely not going to return to court in order to stand trial for an offense. When a judge believes that a person is a certain flight risk, he will not allow bail, no matter how high the bail amount might be.
If the person had committed a letter offense, then chances are good that the judge might grant bail, but would put the bail rate at a high level so as to assure that the defendant will return to court to stand trial.
If a person escaped or attempted to escape from a jail or industrial farm (if the person was serving time for a felony or a misdemeanor), then the person may be eligible for bail, depending on whether or not the person was convicted of the crime. If the person had been convicted of a crime for which he was serving time, then he or she is not eligible for bail. However, if the person was not convicted, then he or she may have a bail amount set at $100,000 plus the bail amount on the original charge for which the person was serving time. Both of these circumstances are listed in penal codes 4532a and b.