Policy Text
Policy
410Santa Ana Police Department
Santa Ana PD Policy Manual
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Published with permission by Santa Ana Police DepartmentCite and Release Policy - 1Cite and Release Policy
410.1 PURPOSE AND SCOPE
This policy provides guidance on when to release adults who are arrested for a criminal
misdemeanor offense on a written notice to appear (citation) and when to hold for court or bail.
410.2 POLICY
It is the policy of the Santa Ana Police Department to release all persons arrested on misdemeanor
or other qualifying charges on a citation with certain exceptions (Penal Code § 853.6).
If there is a reason for non-release, the Department’s mission to protect the community will be
the primary consideration when determining whether to release any individual in lieu of holding
for court or bail.
410.3 RELEASE BY CITATION
Except in cases where a reason for non-release as described below exists, adults arrested for
a misdemeanor offense, including a private person's arrest, shall be released from custody on a
citation (Penal Code § 853.6).
The citing officer shall, at the time the defendant signs the notice to appear, call attention to the
time and place for appearance and take any other steps they deem necessary to ensure that the
defendant understands their written promise to appear.
410.3.1 FIELD CITATIONS
In most cases, an adult arrested for a misdemeanor offense should be released in the field on a
citation in lieu of physical arrest when booking and fingerprinting is not practicable or immediately
required provided the individual can be satisfactorily identified, there is no outstanding arrest
warrant for the individual and none of the below described disqualifying circumstances are present
(Penal Code § 853.6; Penal Code § 1270.1). In such cases the arresting officer should check
the booking required box on the citation form to indicate the person will be photographed and
fingerprinted at a later time when ordered by the court.
When a booking photo or fingerprints are needed for the furtherance of an investigation, the person
should be released on a citation after booking instead of on a field citation.
410.3.2 RELEASE AFTER BOOKING
In some cases it may not be feasible or desirable to release a person in the field. The person
should instead be released on a citation after booking at the jail. All bookings shall be approved
by a supervisor.
410.4 NON-RELEASE
Santa Ana Police Department
Santa Ana PD Policy Manual
Cite and Release Policy
Copyright Lexipol, LLC 2022/11/22, All Rights Reserved.
Published with permission by Santa Ana Police DepartmentCite and Release Policy - 2410.4.1 DISQUALIFYING OFFENSES
An adult arrested on any of the following disqualifying charges shall not be released on citation
and shall be transported to the appropriate detention facility or held for court or bail after booking
(Penal Code § 1270.1):
(a)Misdemeanor domestic battery (Penal Code § 243(e)(1))
(b)Felony domestic battery (Penal Code § 273.5)
(c)Serious or violent felonies (Penal Code § 1270.1(a)(1))
(d)Felony intimidation of witnesses and victims (Penal Code § 136.1)
(e)Violation of a protective order and the arrested person has made threats, used
violence, or has gone to the protected person’s workplace or residence (Penal Code
§ 273.6)
(f)Stalking (Penal Code § 646.9)
(g)Misdemeanor violations of a protective order relating to domestic violence if there is
a reasonable likelihood the offense will continue or the safety of the individuals or
property would be endangered (Penal Code § 853.6)
410.4.2 REASONS FOR NON-RELEASE
A person arrested for a misdemeanor shall be released on a citation unless there is a reason for
non-release. The Watch Commander may authorize a release on citation regardless of whether
a reason for non-release exists when it is determined to be in the best interest of the Department
and does not present an unreasonable risk to the community (e.g., release of an intoxicated or
ill person to a responsible adult).
Reasons for non-release include (Penal Code § 853.6(i)):
(a)The person arrested is so intoxicated that they could be a danger to themselves or to
others. Release may occur as soon as this condition no longer exists.
(b)The person arrested requires medical examination or medical care or is otherwise
unable to care for their own safety.
(c)The person is arrested for one or more of the offenses listed in Vehicle Code § 40302,
Vehicle Code § 40303, and Vehicle Code § 40305.
(d)There are one or more outstanding arrest warrants for the person (see Misdemeanor
Warrants elsewhere in this policy).
(e)The person could not provide satisfactory evidence of personal identification.
Examples of satisfactory evidence of personal identification include consular IDs, non-
US driver license that include a photograph of the subject to be cited, and non-US
passports.
1.If a person released on citation does not have satisfactory identification in their
possession, a right thumbprint or fingerprint should be obtained on the citation
form.
Santa Ana Police Department
Santa Ana PD Policy Manual
Cite and Release Policy
Copyright Lexipol, LLC 2022/11/22, All Rights Reserved.
Published with permission by Santa Ana Police DepartmentCite and Release Policy - 3(f)The prosecution of the offense or offenses for which the person was