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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: August 5, 2022  Amends - GO 7.1.4 ( October 31, 2020 ) Number: 7.1.4 Distribution: All Personnel Review Month: August Reviewing Authority: UPD/Division Commander Subject: Notice To Appear This order consists of the following: 1. Purpose 2. Policy 3. Procedures 1. Purpose The purpose of the Notice To Appear (NTA) citation is to permit deputies and supervisors better use of patrol time, reduce deputy down time, streamline the booki ng process, reduce the time necessary to complete booking procedures and ease the burden of overcrowded jails in Orange County. This agency’s commitment to the NTA program is consistent with the Criminal Justice/Public Safety Coordinating Council (CJ/PSCC ) Planning Policy Statements on Cost Reduction/Cost Containment/Cost Avoidance. The NTA will be considered an arrest for statistical and performance evaluation purposes. 2. Policy It is the policy of the agency to encourage the use of the NTA citation in lieu of physical arrest whenever possible in accordance with the limitations set forth in this policy. 3. Procedures The following procedures outline the requirements for a violator to be eligible to receive a NTA citation in lieu of a full custody arres t. The NTA citation may be used for all state misdemeanors and county ordinances. The deputy shall check either the Notice to Appear box or the Civil Infraction/Citation box at the top of the NTA citation form to delineate between the issuance of an NTA or Civil Infraction/ Citation. (Example: Noise Control Ordinance violations would require checking “Civil Infraction/ Citation” at the top of the form.) The NTA form includes options for handling misdemeanor offenses and civil infractions for adults and ju veniles utilizing the same form. Deputies should indicate on the form which options are appropriate for that specific incident dependent upon the age of the offender and specific facts of the case. The NTA form is consolidated with other often used for ms for misdemeanor offenses to provide one form for deputies to use to complete arrest paperwork or to issue civil infractions. Tobacco violations, Noise Control Ordinance violations, and sexting violations are included within the NTA form. A. When to Iss ue Deputies shall have the option to issue a NTA or Civil Infraction/C itation to all 7.1.4, Page 2 of 4 arrestees who have violated a state misdemeanor or local ordinance except traffic violators. The only exceptions will be those listed in section 3(B). If the situation involves one of the items listed in section 3(B), a NTA will not be issued, a full custody arrest will be made and the prisoner shall be transported and booked. Deputies shall use the NTA/Civil Citation form to document cases involving sexting violations, tobacco violations, and other appropriate civil infractions. The J uvenile Civil Citation (JCC) is used for non -serious misdemeanor offenses for qualifying juveniles , in accordance with GO 7.1.3 . The JCC will be completed electronically on the automated reporting system (ARS) and will not be issued utilizing the NTA/Civil Citation form. Deputies may consider issuing a NTA to a juvenile who may not qualify for a JCC. The Adult Civil Cit ation (ACC) is used for non -violent, first time, misdemeanor offenders, who qualify under GO 7.1.8 . The ACC Form will be completed along with an incident report generated in the automate d reporting system (ARS). Deputies are encouraged to issue an ACC in lieu of an NTA if the offender qualifies. B. When Not to Issue NTA citations will be issued in lieu of booking as outlined in section 3(A) unless any of the following circumstances exi st: 1. The accused fails or refuses to provide identification. 2. The accused refuses to sign the NTA citation. 3. There is reason to believe the accused may injure himself/herself or others if allowed to remain at liberty. 4. The offense committed is of a violent nature. 5. The accused exhibits disorderly or violent behavior. 6. The accused does not reside within the State of Florida. 7. The accused has previously failed to appear or a capias has been issued. 8. Any prostitution or lewd act arrest . 9. Do not issue a NTA for domestic violence or dating violence . 10. Any traffic violation. 11. Any non -view misdemeanor when the charge is not a warrantless exception. C. Mandatory Court Appearances 1. By order of the 9th Judicial Circuit AO 2003 -39-25, all offenses are mandatory court appearances . 2. Instructions for Violators 7.1.4, Page 3 of 4 a. The defendant shall be instructed to appear on the date specified on the NTA Instructions. The date of arraignment will be set as indicated by the Clerk of Court (misdemeanor court date ) calendar, which is located within the agency Portal. b. After receiving the citation , the defendant shall be directed to appear at one of the locations listed on the NTA Instruction s and Waiver . The issuing deputy shall obtain an index fingerprint of the defendant on