Policy Text
Policy
350Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2022/05/24, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentAlternatives to Arrest and Incarceration - 1Alternatives to Arrest and Incarceration
350.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of alternatives to arrest (physical
incarceration).
350.2 POLICY
It is the policy of the Garden Grove Police Department to adhere to the requirements of CPC
Sections 827.1, 849, 853.5, and 853.6 in utilizing alternatives to the physical incarceration of
persons arrested by the department. Generally, officers should attempt to release on citation, all
misdemeanant arrestees that do not meet the criteria listed in the above sections. Arrestees that
fall into the categories listed in 827.1 and 853.6(i) may be released on citation with supervisory
approval. This approval will be documented in the narrative of the arrest report.
350.3 CITATION RELEASE FOR MISDEMEANOR ARRESTS
Adults arrested for a misdemeanor offense must be given the opportunity to be released from
custody in return for their written promise to appear. In accordance with California Penal Code
Section 853.6(i), the following arrestees MUST NOT BE RELEASED on their written promise to
appear.
(a)The person arrested was so intoxicated that he or she could have been a danger to
himself or herself or to others
(b)The person arrested required medical examination or medical care or was otherwise
unable to care for his or her own safety.
(c)The person was arrested under one or more of the circumstances listed in Sections
40302 and 40303 of the Vehicle Code.
(d)There were one or more outstanding arrest warrants for the person.
(e)The person could not provide satisfactory evidence of personal identification.
(f)The prosecution of the offense or offenses for which the person was arrested or
the prosecution of any other offense or offenses would be jeopardized by immediate
release of the person arrested.
(g)There was a reasonable likelihood that the offense or offenses would continue or
resume, or that the safety of persons or property would be imminently endangered by
release of the person arrested.
(h)The person arrested demanded to be taken before a magistrate or refused to sign the
notice to appear.
(i)There is reason to believe that the person would not appear at the time and place
specified in the notice. The basis for this determination shall be specifically stated.
Garden Grove Police Department
Policy Manual
Alternatives to Arrest and Incarceration
Copyright Lexipol, LLC 2022/05/24, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentAlternatives to Arrest and Incarceration - 2350.4 CITATION RELEASE FOR MISDEMEANOR WARRANT ARRESTS
A person arrested for a misdemeanor warrant may be released upon the issuance of a citation.
When electing to use this option the officer must weigh the totality of the circumstances. Bench
warrant arrests will not be released on citation. In accordance with California Penal Code Section
827.1, the following arrestees MUST NOT BE RELEASED on their written promise to appear.
(a)The misdemeanor cited in the warrant involves violence.
(b)The misdemeanor cited in the warrant involves a firearm.
(c)The misdemeanor cited in the warrant involves resisting arrest.
(d)The misdemeanor cited in the warrant involves giving false information to a peace
officer.
(e)The person arrested is a danger to himself or herself or others due to intoxication or
being under the influence of drugs or narcotics.
(f)The person requires medical examination or medical care or was otherwise unable to
care for his or her own safety.
(g)The person has other ineligible charges pending against him or her.
(h)There is reasonable likelihood that the offense or offenses would continue or resume,
or that the safety of persons or property would be immediately endangered by the
release of the person.
(i)The person refuses to sign the notice to appear.
(j)The person cannot provide satisfactory evidence of personal identification.
(k)The warrant of arrest indicates that the person is not eligible to be released on a
citation.
350.5 CITATION RELEASES FOR MISDEMEANOR 23152(A) C.V.C. ARRESTS
Adult arrested for a misdemeanor charge of driving under the influence may be released on citation
if the following criteria has been satisfied:
(a)A chemical test has been satisfactorily completed at the Garden Grove Police
Department.
(b)The arrestee's vehicle has been stored.
(c)Admin Per Se has been completed.
(d)The arrestee has been fingerprinted and photographed.
(e)The arrestee has spent sufficient time at GGPD and is no longer under the influence
or a responsible adult will accept the arrestee after they have been processed.
(f)When completing the citation you must check the "Booking Required" box.
350.6 PROCEDURES FOR RELEASE
When a person is arrested and released on a written promise to appear, the following procedures
are to be followed.
Garden Grove Police Department
Policy Manual
Alternatives to Arrest and Incarceration
Copyright Lexipol, LLC 2022/05/24, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentAlternatives to Arrest and Incarceration - 3(a)An arrest report and citation forms are completed.
(b)The violator's copy of the citation is given to the arrestee.
(c)All remaining copies of the citation must be attached to the arrest report and turned in
to the Records Section. Officers must ensure that the "released" box is checked and