Police Department Policy

DGO9.05_Citation_Control

SF PD

Policy Text
San Francisco Police Department 9.05 GENERAL ORDER Rev. 03/06/24 Eff. 05/ 08/24 Page 1 of 5 Citation Control 9.05.01 PURPOSE The purpose of this order is to establish the policy and procedures for issuing, processing, correcting, and voiding/dismissing Notice to Appear and Notice of Parking Violation citations . 9.05.02 POLICY It is the policy of the San Francisco Police Department that all Notice to Appear citations are issued and filed in accordance with California Vehicle Code 40500 et. seq. and California Penal Code 853.5 et. seq. and that all Notice of Parking V iolation citations are issued and filed in accordance with Vehicle Code 40200 et. seq. 9.05.03 PROCEDURES A. NOTICE TO APPEAR 1. ISSUING - All members, once trained, shall use the eCitation App on their Department -issued cellphone when issuing a Notice to Appear citation , unless any of the following circumstances exist, in which case a hand- written Notice to Appear may be issued : a. The member is walking a foot beat or working an assignment where they do not have access to a printer . b. There is a malfunction with the member's phone. If this occur s, members should respond to Technology for replacement or repa ir at their earliest convenience. Statio n facility coordinators may assist members who work nights. c. There is a malfunction with the printer. NOTE: Printers installed in the vehicle are not to be removed from the printer's cradle except in extenuating circumstances. If there is an issue with the installed printer in a vehicle, members should contact the station's VMO as soon as possible . d. The member loses network connectivity on their phone. If this occurs, the member should notify the eCitation group at sfpdeCitation@sfgov.org and provide the date, time, and location where the network connectivity was lost. e. If the member has to disembark from the vehicle (motorcycle or car) to where the printer cannot be easily retrieved . DGO 9.05 Rev. 03/06/24 Eff. 05/08/24 Page 2 of 5 f. If the member is assigned to the Investigation Bureau or a plainclothes unit and does not have access to a printer. g. Members shall have copies of hand- written Notice to Appear citations with them while on-duty in the event the eCitation App does not function properly. Commanding Officers/Officers -in-Charge are responsible for ensuring there is a supply of Notice to Appear citations available at each station. h. If members issue a hand -written Notice to Appear, members should complete it legibly and accurately. Members should submit the original hand- written Notice to Appear to the Watch Commander before the member’s end-of- watch. i. When issuing a Notice to Appear, if the violation being cited has a subsection, it shall be included. For example, Vehicle Code section 24603 will be rejected by the Superior Court’s computer system if it does not contain one of the subsections, “a through i.” 2. CORRECTING - Members shall not alter or make corrections on an original Notice to Appear when a copy has been given to a person (s ee Vehicle Code section 40500(d) and Penal Code section 853.6(j)(2)). The eCitation App will not allow corrections once a person’s signature is saved in the program. a. When a member recognizes that an infraction Notice to Appear they have issued is incomplete or contains a mistake, members shall use Judicial Council of California Form TR -100, Notice of Correction and Proof of Service , to make corrections. A supervisor is responsible for review ing the form. b. If the member issued an electronic Notice to Appear, the member should p rint a signed copy of the Notice to Appear and attach the Form TR -100. The member should submit the copy and the form before the end -of-watch. c. If the member issued a hand -written Notice to Appear , the member should attach the F orm TR-100. The member should s ubmit them both before the end -of-watch. If the hand- written Notice to Appear was previously delivered to the court, the member should submit only the form. d. The court is responsible for record ing the correction in their computer system and mailing a copy of the form to the person. e. The Form TR-100 shall be used in compliance with DGO 5.06 , Citation Release and shall only be used with infraction Notices to Appear . This form shall not be used for misdemeanor Notices to Appear . f. A copy of Form TR-100 is located in the “ SFPD Forms ” folder. DGO 9.05 Rev. 03/06/24 Eff. 05/ 08/24 Page 3 of 5 g. When a member recognizes that a misdemeanor Notice to Appear they have issued is incomplete or contains a mistake, members should document the error in a supplemental incident report. Members should include in the narrative the correct information and recommend the District Attorney’s Office amend the complaint with the correct information . 3. CORRECTABLE VIOLATIONS - Requests for officer verification (i.e. “sign off”) on correctable infraction violation s (i.e. “fix -it-tickets”) issued

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