Policy Text
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Citation Releases – Misdemeanors and Infractions
The purpose of this Order is to outline the procedures to be fo llowed for releasing
arrested persons per Penal Code Section 853.6.
I. General
It is the general policy of the S heriff's Department to release persons
accused of misdemeanor or infrac tion offenses on a signed Promi se to
Appear in accor dance with 853.6 PC . Sheriff’s Security Officers have
authority to prepare written not ices to appear (836.5 PC). Th e Sheriff’s
Security Officer will notify Secur ity Services Bureau Control o r the Sheriff’s
Communications Center upon arres t. Security Services Bureau Co ntrol
shall notify a Security Service s Bureau Deputy Sheriff and/or S ergeant.
II. Adults
A. An offense report shall be comp leted in instances where an a dult is
arrested and cited, except fo r traffic violations.
B. It shall be the responsibility of the Officer making the arr est or
accepting a citizen's arrest to ascertain if the person is elig ible for a
citation release.
C. If the suspect is eligible for release, a records check shal l be
made and a Notice to Appear, Citation issued.
D. In the "FP#" box on the citation, enter:
1. If the suspect has no record, "N/R CJIS." 2. If the suspect has a recor d, the Sheriff’s Department
fingerprint number.
3. If the suspect has a record , but no fingerprint number, "NO
FP#."
E. The Officer shall check the "Booking Required" box if the ci ted
crime is a misdemeanor.
F. Date to appear:
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1. Misdemeanors – A ppearance date shall be obtained via the
CMJC Non-Traffic court calendar.
2. Infractions – Appearance dat e shall be obtained via the
CMJC Traffic calendar.
3. For both Misdemeanors and Infractions, the court
appearance date can be obtained via the SSDWEB Internal
Website under the heading Deputy Resources/Citation court
dates.
G. The officer shall obtain a thumbprint impression on the back of the
citation.
H. After the suspect signs the ci tation, the Officer shall expl ain the
appearance procedure.
I. If the suspect is not eligible for release with a citation, the Officer
shall indicate the reason in t he Arrest report and the Crime re port.
1. Person arrested is so intoxi cated that there is a danger to
self, or to others.
2. Person arrested requires medica l care or examination, or is
otherwise unable to manage own safety.
3. Person arrested is charged with violations listed in Section
40302 of the Vehicle Code.
4. Person arrested has out standing arrest warrants.
5. Person arrested cannot produce satisfactory identification.
6. Prosecution of the charged o ffense or of any other offense
would be jeopardized by the immediate release of the
suspect.
7. There is a reasonable likel ihood that the charged offense
would continue or resume, or that the safety of persons or
property would be imminently e ndangered by the release of
the person arrested.
8. Person arrested demands to be taken before a magistrate or
refuses to sign the citation.
9. There is reason to believe that the person cited will not
appear as specified in the No tice to Appear. The reasons
shall be specifically noted in the Arres t and Crime reports.
III. Juveniles
A. An offense report shall be comp leted in instances where a ju venile
is arrested and cited, except for cu rfew or traffic violations.
1. Offense report will contain ei ther the Miranda Rights Waiver
form or a narrative statement t he juvenile was advised of there
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Constitutional rights.
2. All juveniles will be advised of there rights upon arrest.
B. The date and time of the ju venile court appearance shall be
indicated on the bottom of the Notice to Appear, Citation as, " When
Notified by Juvenile Probation."