Policy Text
Policy
905Fremont Police Department
Public Intoxication
905.1 PURPOSE AND SCOPE
The purpose of this policy is to establish departmental procedures for handling public intoxication.
It shall be the policy of the Fremont Police Department to handle public intoxication as a non-
criminal offense. When special circumstances warrant, public intoxication may be handled as a
criminal offense.
905.2 PROCEDURES
Officers coming in contact with persons who are drunk in public should make every effort to handle
the incident without taking the person into protective custody. If the officer finds it necessary to
take the person into custody, then the officer shall follow these procedures.
905.2.1 PUBLIC INTOXICATION - PROTECTIVE CUSTODY ONLY, NO WARRANTS, NO
ADDITIONAL CHARGES
(a)The officer shall obtain a report number from Communications.
(b)Complete an entry in the Corrections Management System (CMS), including a
narrative account of circumstances of the arrest.
(c)Complete a Certificate of Release.
(d)The Detention Facility will follow established Detention Facility procedure.
(e)The Records Unit will enter person into the alpha file as "PRO" (protective custody).
905.2.2 PUBLIC INTOXICATION - PROSECUTION FOR PENAL CODE 647(F) SOUGHT
(a)The officer shall obtain a report number from Communications.
(b)Complete an entry in the Corrections Management System (CMS).
(c)Write an ARS report indicating existing circumstances that warrant prosecution.
Prosecution should only be sought in extreme cases where compliance with the law
is absent by the suspect.
(d)The Detention Facility will follow facility procedures for handling intoxicated suspects.
(e)The Records Unit shall enter the suspect into the alpha file as "ARR" (arrested) for
Penal Code § 647(f).
905.2.3 PUBLIC INTOXICATION - PROTECTIVE CUSTODY ONLY FOR PENAL CODE
647(F) WITH AN ARREST FOR ANOTHER CHARGE SUCH AS PENAL CODE 242, 148, ETC.
(a)The officer shall obtain a report number from Communications.
(b)Complete an entry in the Corrections Management System (CMS), including a
narrative account of the circumstances of the arrest. Also, all charges must be listed
in CMS.
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(c)Complete a Certificate of Release, indicating Penal Code § 647(f) only.
(d)Complete an ARS report documenting the circumstance of the arrest.
(e)The Detention Facility shall follow procedures for protective custody until the suspect
is released or can be safely transferred to general population housing.
(f)The Records Unit shall enter the suspect into the alpha file as "ARR" (arrested) for
on view arrest.
905.2.4 PUBLIC INTOXICATION - PROTECTIVE CUSTODY IN CONJUNCTION WITH
POSSESSION OF MARIJUANA HEALTH & SAFETY CODE 11357(B), 11357(C),
11357(D) OR 11360(B)
(a)The officer shall obtain two report numbers from Communications, one for Penal Code
§ 647(f) and one for either Health & Safety Code § 11357(b), 11357(c), 11357(d) or
11360(b), whichever applies.
(b)If the subject is arrested for Penal Code § 647(f) and Health & Safety Code § 11357(b)
or 11360(b), a Notice to Appear (field citation) shall be issued for the Health & Safety
Code § 11357(b) or 11360(b) and a Corrections Management System (CMS) entry
shall be completed for the Penal Code § 647(f) violation.
1.If the arrested subject refuses to sign the citation for the Health & Safety Code §
11357(b) or 11360(b) HS violation, these charges should be entered into CMS
under the second report number.
(c)If the subject is arrested for Penal Code § 647(f) and Health & Safety Code § 11357(c)
or 11357(d), a separate CMS entry shall be completed for the Penal Code § 647(f)
violation.
(d)Complete a Certificate of Release for the Penal Code § 647(f) arrest.
(e)Write a report for Health & Safety Code § 11357(b), 11357(c), 11357(d) or 11360(b),
whichever applies.
(f)The Detention Facility will follow established Detention Facility procedure.
(g)The Records Unit shall enter the person in alpha file as "PRO" (protective custody) for
the Penal Code § 647(f) report number. The Records Unit shall enter the person as
"ARR" (arrested) or "CIT" (cited), whichever is appropriate, for Health & Safety Code
§ 11357(b), 11357(c), 11357(d) or 11360(b) for the other report number.
905.2.5 PUBLIC INTOXICATION - PROTECTIVE CUSTODY IN CONJUNCTION WITH NON-
SELECT TRAFFIC WARRANTS
(a)The officer shall obtain a report number from Communications.
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Public Intoxication
(b)Complete an entry into the Corrections Management System (CMS), listing traffic
warrants and Penal Code § 647(f), including a narrative account of the circumstances
of