Policy Text
Field Services Page 1 of 3 05/04 (REV 1/04)
Citation Releases - Misdem eanors and Infractions
The Purpose Of This Order Is To Outline The Procedures To Be Fo llowed For
Releasing Persons Per P enal Code Section 853.6.
I. General
It is the general policy of the S heriff's Department to release persons accused of
misdemeanor or infraction offens es on a signed Promise to Appea r in
accordance with 853.6 PC.
II. Adults
A. It shall be the responsibility of the Officer making the arr est or accepting a
citizen's arrest to ascertain i f the person is eligible for a c itation release.
(See Section II, Operations Order 5/04)
B. If the suspect is eligible for release, a records check shal l be made and a
Notice to Appear, Citation issued.
C. In the "FP#" box on the citation, enter:
1. If the suspect has no record, "N/R CJIS".
2. If the suspect has a record , the Sheriff's Department finger print
number.
3. If the suspect has a record, but no fingerprint number, "NO FP#."
D. The Officer shall check the "Booking Required" box if the ci ted crime is a
misdemeanor.
E. Date to appear:
1. Non-Traffic Misdemeanors and In fractions – Court dates are
obtained from the published court c alendar available from the
Sheriff’s Department Internal Website.
Field Services Page 2 of 3 05/04 (REV 1/04) 2. Traffic Misdemeanors and Infrac tions - Court dates are obtai ned
from the published court calendar a vailable from the Sheriff’s
Department Internal Website to ver ify identity, obtain a thumbp rint
impression on the citation.
F. After the suspect signs the citation, the Officer shall expl ain the
appearance procedure.
G. If the suspect is not eligible fo r release with a citation, the Officer shall
indicate the reason in the Arre st Report and the Crime Report. Reasons
for non-release may include:
1. Person arrested is so intoxi cated that there is a danger to self or to
others.
2. Person arrested requires medi cal care, an examination or is
otherwise unable to manage own safety.
3. Person arrested is charged with violations listed in Section 40302 or
Section 40303 of the Vehicle Code.
4. Person arrested has out standing arrest warrants.
5. Person arrested cannot produce satisfactory identification.
6. Prosecution of the charged off ense or of any other offense w ould
be jeopardized by the immediat e release of the suspect.
7. There is a reasonable likeli hood that the charged offense wo uld
continue or resume, or that the safety of persons or property w ould
be imminently endangered by the rel ease 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 t hat the person cited will not ap pear as
specified in the Notice to A ppear. The reasons shall be specif ically
noted in the Arrest and Crime reports.
III. Juveniles
A. An offense report is to be co mpleted in instances where a ju venile is cited,
except for curfew or traffic violations.
1. Offense report will contain ei ther the Rights Waiver form or a
narrative advising that the juv enile was advised of Constitutio nal
rights to silence and an attorney.
Field Services Page 3 of 3 05/04 (REV 1/04) 2. If it's a Citizen's Arrest, t hen no Arrest by Private Citize n Form is
necessary, but it is recommended.
B. The date and time of the juv enile court appearance shall be indicated on
the bottom of the Notice to Appear , Citation as "When Notified by Juvenile
Probation."
C. When a juvenile has been cited for a violation of curfew, th e juvenile shall
not be released except to a parent or responsible adult. If no t parent or
responsible adult can be locat ed, the juvenile will be booked a t NAC or
Juvenile Hall (See Operations Order, 601 W&I).
1. Curfew citations do not requi re a crime report. However, a citation
continuation will be completed st ating the facts involved in th e
issuance of the citation.