Policy Text
Policy
909Fremont Police Department
Custody Release and Release on Written
Promise to Appear
909.1 PURPOSE AND SCOPE
The purpose of this policy is to outline procedures for Fremont Police Department personnel to
follow in the release of misdemeanants on a written Agreement to Appear in Court or release per
Penal Code § 849(b), when appropriate.
909.2 RELEASE ON WRITTEN AGREEMENT TO APPEAR IN COURT
Penal Code § 853.6 requires law enforcement agencies to use citation release procedures for
misdemeanor offenses with certain exceptions. If the officer does not execute such a release
pursuant to Cite and Release Policy Manual § 420, Detention Facility personnel will reevaluate
the person after booking and release on a written Agreement to Appear in Court, if he/she meets
the established criteria.
(a)Officers not releasing a person on a field citation, and not wanting a person to be
released on a written Agreement to Appear in Court, must specify the reason(s) for
the non-release by completing the Misdemeanor Arrest - Report of Non-Release (see
Appendix 911).
(b)Persons arrested and brought to the Detention Facility, rather than being released in
the field, shall be booked in conformance with the prescribed procedures.
1.Once having completed the booking process, the law requires an evaluation
be conducted by booking personnel into the individual's qualification for release
on a written Agreement to Appear in Court. This evaluation will be done by
Detention Facility personnel.
2.In all misdemeanor arrests, unless otherwise stated herein, the person being
brought to the jail and booked shall be released pursuant to the written
Agreement to Appear in Court procedure (Penal Code § 853.6). All persons shall
be released unless they fall under one of the exceptions listed in Penal Code
§ 853.6(i).
(c)When a person is not ultimately released on a written Agreement to Appear in Court,
the original copy of the Misdemeanor Arrest - Report of Non-Release will be forwarded
to the Records Unit. The copy will be maintained in the Detention Facility, and if the
custody of the arrested person is officially transferred to another agency, the Detention
Facility copy of the Misdemeanor Arrest - Report of Non-Release will also be given
to that agency with the person.
(d)All procedures contained herein regarding releasing of persons on their written
Agreement to Appear in Court, after booking, will apply to all jurisdictions using the
Detention Facility.
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Fremont Police Department
Custody Release and Release on Written Promise to Appear
(e)Document Routing Procedures:
1.Agreements to Appear in Court will be printed out in duplicate and forwarded
with the police report to the Records Unit, who will file the original and forward
the copy to the court.
(f)This procedure will not preclude an arrested person from posting bail.
909.3 CUSTODY RELEASE
(a)Pursuant to Penal Code § 849(b), any peace officer may release from custody, instead
of taking such a person before a magistrate, any person arrested without a warrant
whenever:
1.The officer is satisfied that there are insufficient grounds for making a criminal
complaint against the person arrested.
2.The person arrested was arrested for intoxication only, and no further
proceedings are desirable.
3.The person was arrested only for being under the influence of a controlled
substance or drug and such person is delivered to a facility or hospital for
treatment and no further proceedings are desirable.
(b)Pursuant to the provisions of Penal Code § 851.6, a Certificate of Release (see
Appendix 911) will be prepared and issued whenever a person is released in
accordance with this policy. The Certificate of Release must be completed by the
reporting officer or a reviewing supervisor.
Refer to APPENDIX 911 for attachments.
Copyright Lexipol, LLC 2024/06/24, All Rights Reserved.
Published with permission by Fremont Police DepartmentCustody Release and Release on Written
Promise to Appear - 2