Policy Text
POLICY
196.0ARREST - PROMISE TO APPEAR
REVISED: 11/2011 RELATED POLICIES:
Reviewed by Chief David Magnusson
5/2019
A.POLICY
It is the policy of this Department to issue a Promise to Appear, when in the judgment of
the officer, it will be in the best interest of the public and the Village to do so and the
offense meets the guidelines of SS 901.28 reproduced below.
B.State Statue 901.28 Promise to Appear for misdemeanors or violations of municipal or
county ordinances, forms and requisites.
1.If a person is arrested for an offense declared to be a misdemeanor of the first or
second degree or for a violation of a municipal or county ordinance that may be
tried in the county court and does not demand to be taken before a magistrate, the
arresting officer or booking officer may issue such person a promise to appear
unless:
a.The accused fails to identify himself sufficiently or supply the required
information;
b.The accused refuses to sign the Promise to Appear;
c.The officer has reason to believe that the continued liberty of the accused
constitutes an unreasonable risk of bodily injury to himself or others;
d.The accused has no ties with the jurisdiction reasonably sufficient to
assure his appearance or there is substantial risk that he will refuse to
respond to the notice;
e.The officer has any suspicion that the accused may be wanted in any
jurisdiction, or
f.It appears that the accused has previously failed to respond to a notice or a
summons or has violated the conditions of any pretrial release program.
2.If a Promise to Appear is issued pursuant to subsection (1) for a misdemeanor or
violation of a municipal or county ordinance, the notice shall be issued
immediately upon arrest or after the person has been taken to Police
Headquarters.
3.If the arresting officer, in lieu of issuance of a Promise to Appear, determines that
the accused person should be taken to Police Headquarters, the booking officer
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may issue a Promise to Appear, if he determines that there is a likelihood that the
accused will appear as directed, based on a reasonable investigation of the
following:
a.Residence and length of residence in the community;
b.Family ties;
c.Employment record;
d.Character and mental condition;
e.Past record of convictions; and
f.Past history of appearance at court proceedings.
C.PROCEDURE
1.Where a Promise to Appear is issued, it is necessary that a sworn copy of the
offense report explaining the arrest details accompany the copies of the notice that
are to be delivered to the State Attorney's Office. In filling out the center section
of the Promise to Appear Form, it has been requested by the State Attorney's
Office that a very brief statement other than the ordinance or statute title be
included.
2.DO NOT WRITE A DATE FOR TIME SET on Promises to Appear on criminal
traffic, criminal misdemeanor and municipal violations. Instead of a specific date,
"To Be Set" is to be written.
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