Police Department Policy

TUSPD_SOP_SS0206_-_Warrant_Bail-out_Procedure_120103

Tustin PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 01/24/2011 06/01/201 9 06/01/20 21 TUSTIN POLICE DEPARTMENT STANDARD OPERATING PROCEDURES SS206 - Warrant Bail -Out Procedure 1 SS206 WARRANT BAIL -OUT PROCE DURE SS206.1 PURPOSE AND SCOPE This procedure addresses the option of arrestees posting bail at the Tustin Police Department (TPD) in lieu of booking at Orange County Jail. In cases of qualifying warrant arrests where the officer is aware of the arrestee’s intent and ability to procure bail within a reasonable period of time (one hour), arrestees will not be transported to OCJ. This option allows for a more effi cient and effective method of processing warrant arrests. SS206 .1.1 ACCREDITATION STANDARDS This Procedure pertains to the following CALEA Standards: 72.7.1 This Procedure pertains to the following General Orders: §420 SS206.2 PROCEDURE This departm ent’s policy is to accept bail on all Orange County automated warrants with the exception of felonies. This will include traffic failure to appear warrants; traffic bench warrants; and misdemeanor (criminal) warrants with a bail of $ 2,500.00 or less. All prospective bail outs must comply with the selection and payment criteria established in this policy. This policy addresses only the terms and conditions of accepting bail at TPD. It is not intended to address the issue of when a person may be booked into jail on an active warrant, nor does it affect the arresting officer’s discretion reference the disposition of the arrestee. The purpose of this procedure is as follows: a) To establish guidelines for bailing out warrant arrests at the police department. b) To provide uniformity in procedures for bail processing. c) To provide documentation for procedures utilized when determining bail eligibility. d) To provide documentation for procedures utilized in the clerical processi ng of warrant bail out. SS206.2.1 ELIGIBILITY FOR IMMEDIATE BAIL -OUT The following steps should be taken in order to verify if a subject is eligible for immediate bail - out at TPD. a) A check through AWSS (Orange County Automated War rant Service System) must verify existing warrant(s) are active. CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 01/24/2011 06/01/201 9 06/01/20 21 TUSTIN POLICE DEPARTMENT STANDARD OPERATING PROCEDURES SS206 - Warrant Bail -Out Procedure 2 1. Officers should not rely on DMV, Wanted Persons Systems, or warrant detail information. 2. If the AWSS printout indicates the existence of a message, the message must be run to ascertain any sp ecial instructions PRIOR to bailing. Messages will often contain information such as “Do not accept a check” or “Please Book and Notify Detective Jones”. 3. A “MANDATORY” notation on the warrant indicates the subject must be given a court date; he/she MAY NO T forfeit bail. 4. If the amount of bail is shown as $0.00, the subject MAY NOT bail at TPD and must be booked at Orange County Jail. b) Existing warrant(s) must have a bail total of $ 2,500.00 or less to any ONE court. If they have two warrants of $ 2,500.00 each, to two separate courts, they are still eligible. c) Existing warrant(s) must be either for traffic offenses (both “failure to appear” and “bench warrant”); or for misdemeanor criminal offenses. ALL BAIL OUTS FOR OFFENSES OTHER THAN TRAFFIC WILL REQUIRE SUPERVISORY APPROVAL. d) No out of county warrants are eligible for immediate bail -out. SS206.2.2 PAYMENT METHODS FOR IMMEDIATE BAIL -OUT One of the following payment criteria must be met in order to accept bail: a) MONEY ORDER O R CASHIER’S CHECK --The subject has a money order or cashier’s check for the EXACT amount of bail on the warrant. Separate money orders or cashier’s checks are needed when multiple courts are involved. The money order or cashier’s check must be made payable to the court of issue on the warrant. b) PERSONAL CHECK --The subject has personal check(s) not totaling over $ 2,500.00 (to each court) made out on a California bank check with the name of the bank printed on the check. The check must be for the EXACT amount of the bail on the warrant. Separate checks are needed when multiple courts are involved. The check must be made payable to the court of issue on the warrant. The p resenter of the check must furnish two forms of identification, one with a photograph, and at least one of which gives satisfactory proof of California residency and credit. All forms of identification should be listed on the check; i.e. CDL # A1234567, E xp. 99 or Visa #123456789. DO NOT ACCEPT PERSONAL CHECKS WITHOUT IDENTIFICATION. Fingerprint the presenter of the check with a right thumb on the face of the check adjacent to the signature. c) BUSINESS CHECK --Business checks are normally not acceptable, exc ept with supervisor approval. Any approved business checks must comply with the

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