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Policy 410Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2023/01/19, All Rights Reserved. Published with permission by Santa Monica 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. This policy will also provide guidance on when to use written advisal notices in lieu of a written notice to appear (citation). 410.2 POLICY It is the policy of the Santa Monica 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. The Santa Monica Police Department developed written advisal notices to provide discretionary options for officers conducting enforcement in the field. The goal of theses written advisal notices is to document the violation, to educate the violator and to provide them resources and services. 410.3 STATUTORY REQUIREMENTS Citation releases are authorized by Penal Code § 853.6. Release by citation for misdemeanor offenses can be accomplished in two separate ways: (a)A field release is when the violator is released in the field without being transported to a jail facility. (b)A jail release is when a violator is released after being transported to the jail and booked. 410.4 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. 410.4.1 FIELD CITATIONS In most cases an adult arrested for a misdemeanor offense may 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 Santa Monica Police Department Santa Monica Police Department Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2023/01/19, All Rights Reserved. Published with permission by Santa Monica Police DepartmentCite and Release Policy - 2(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 that 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 any investigation, the person should be released on citation after booking instead of on a field citation. 410.4.2 RELEASE AFTER BOOKING In some cases, it may be impractical to release a person arrested for misdemeanor offenses in the field. The person arrested may instead be released on citation after booking at the jail, with approval from the Watch Commander. Any person arrested for a misdemeanor offense shall be released on his/her written promise to appear after the booking procedure is completed, unless he/she is disqualified for release based on the reason(s) listed below. 410.5 NON-RELEASE 410.5.1 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) 410.5.2 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. Santa Monica Police Department Santa Monica Police Department Policy Manual Cite and Release Policy