Policy Text
Page 1 of 4 22/01 (REV 1/89)
Parking and Traffic Infract ions; Procedure on Arrest
The purpose of this General Order is to establish policy and pr ocedures relative to
Failure to Appear warrants on two or fewer parking citations an d traffic infractions.
I. Section 40304.5 CVC (Effective 3-31-84)
40304.5 Notwithstanding any other provisio n of law, whenever any person is
taken into custody for bail to be colle cted on two or fewer outstanding warrants
for failure to appear on a citation for a parki ng offense or a traffic infraction, the
person shall be provided the opportunity immediately to post bail, and shall not
be booked, photographed, or fingerprinted, nor shall an arrest record be made,
when the amount of bail required to be paid on the warrant may be ascertained
by reference to the face thereof or to a fixed schedule of ba il, unless and until all
of the following requir ements have been exhausted :
A. The defendant has been given the opportunity to immediately post bail; or
B. The defendant has been given t he opportunity to make at leas t three (3)
free local or collect long-dist ance phone calls for the purpose of obtaining
bail; and
C. The defendant has been given at least three hours to arrange for the
deposit of bail.
II. Sheriff’s Department Policy
A. It shall be the policy of the Sacramento County Sheriff’s De partment not to
arrest persons for two (2) or fewer warrants for failure to app ear on a
citation for a parking offense or a traffic infraction. In lieu of arrest, the field
officer shall issue a Warrant R eferral form (see Appendix A), w hich will
instruct the defendant when to appear at the Warrant Section to clear the
warrant(s). The additional info rmation on the form is needed by the
Warrant Section to update their fi les. The original is to be fo rwarded to the
Warrant Section and the copy given to the defendant (officers s hall set the
appearance date ahead at least five working days).
B. When field officers make an arrest on other charges and find , upon
checking the warrant repository file, two or fewer failure to a ppear
warrants for parking offenses or traffic infractions, they may:
Page 2 of 4 22/01 (REV 1/89)
1. Issue a citation to appear (853. 6 PC) on a misdemeanor arres t
charge in accordance with establ ished laws and procedures, and
issue a warrant referral on the parking offense or traffic infr action
warrants; or
2. Book the defendant on the arre stable charge, where jail pers onnel will
follow established pre-trial rel ease procedures on that charge and the
warrants on the parking or traffic infractions.
C. Only warrant officers and jail officers may issue a citation to appear (853.6
PC) on warrants for failure to appear on parking offenses or tr affic
infractions to ensure immediate clearance of the warrant reposi tory file.
II. Outside Agencies
A. Once an officer from an out side agency has completed the req uirements
set forth in Section I, paragraphs A, B and C of this order, th e officer may
bring the arrestee to a jail facility. The jail personnel shall accept the
arrestee and book him or her.
B. Outside agency officers shall be required to sign an affidav it (see
Appendix B) that they have compli ed with the provisions of Sect ion
40304.5 CVC prior to acceptance of the prisoner by jail personn el. This
signed affidavit shall be filed in the inmate’s folder.
Appendices: A – Warrant Referral
B – Affidavit of A rresting Officer
Page 3 of 4 22/01 (REV 1/89) SACRAMENTO COUNTY SH ERIFF’S DEPARTMENT
WARRANT REFERRAL
Defendant’s Name (LAST) ( FIRST) (MIDDLE) (AKA)
There are outstanding warrant(s) for your arrest. In order to a void arrest, bail may be posted or a court date may be granted
between 7:00 a.m. and 4:30 p.m. (Mondays through Fridays -- hol idays excluded) at the Sacramento County Sheriff’s
Department, 711 G Street, Sacramento, California, 874-5391. You are directed to appear at the above location as soon as
possible to clear the following warrant(s):
Warrant
Number * Docket/
Citation #
Charge
Bail
Court
*Computer system warrant numbe r, e.g. “SA12345", “RO2345 (Rosev ille)”, etc.
PERSONAL INFORMATION
Defendant’s Address T e l e p h o n e
E m p l o y e d b y Occupation
B u s i n e s s A d d r e s s T e l ephone
Supervisor Length of Employment
Date of Birth Sex Race Height Weight Hair Eyes
S o c i a l S e c u r i t y # O p e r a t o r s L i c e n s e N u m b e r OLN State
VEHICLE INFORMATION
License # State Make Model Style Color Year
COMMENTS
O