Policy Text
Policy Delano Police Department
409 Delano PD Policy Manual
Cite and Release Policy
409.1 PURPOSE AND SCOPE
This policy provides guidance on when to release adults who are arrested for a criminal
misdemeanor offense on a written notice to appear (citation) and when to hold for court or bail.
409.2 POLICY
It is the policy of the Delano Police Department to release all persons arrested on misdemeanor
or other qualifying charges on a citation with certain exceptions (Penal Code § 853.6).
If there is a reason for non-release, the Department’s mission to protect the community will be
the primary consideration when determining whether to release any individual in lieu of holding
for court or bail.
409.2.1 CRIMINAL JUSTICE AND SOCIAL SERVICE DIVERSION PROGRAMS
This Department is often involed in social service diversion programs which include detoxification,
mental health, and drug abuse diversion. Further, criminal justice diversion programs specifically
for juveniles also exist. This Department works closely with community groups, mental health
facilities, social service groups, as well as the courts to work towards the best interest of all parties.
The goal in many cases should be the diversion of juvenile offenders, where possible, and only
prosecute those where other avenues to gain compliance and change behavior do not work. Staff
should be aware that mentally ill persons require professional care, and as such, should make
reasonable efforts to assist a person in obtaining such help. Likewise, this Department will work
with all authorized agenices, as well as within the legal requirements, to ensure diversion programs
are used when warranted and applicable.
409.3 RELEASE BY CITATION
Except in cases where a reason for non-release as described below exists, adults arrested for
a misdemeanor offense, including a private persons arrest, shall be released from custody on a
citation (Penal Code § 853.6).
The citing officer shall, at the time the defendant signs the notice to appear, call attention to the
time and place for appearance and take any other steps he/she deems necessary to ensure that
the defendant understands his/her written promise to appear.
409.3.1 FIELD CITATIONS
In most cases an adult arrested for a misdemeanor offense may be released in the field on a
citation in lieu of physical arrest when booking and fingerprinting is not practicable or immediately
required provided the individual can be satisfactorily identified, there is no outstanding arrest
warrant for the individual and none of the below described disqualifying circumstances are present
(Penal Code § 853.6; Penal Code § 1270.1). In such cases the arresting officer should check the
booking required box on the citation form to indicate that the person will be photographed and
fingerprinted at a later time when ordered by the court.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Cite and Release Policy - 1
Published with permission by Delano Police Department