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CITATIONS C-220 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CITATIONS NO: C-220 FILE: CITATIONS EFFECTIVE DATE: 06-15-88 REVISED: 12-17-90, 11-04-91,03-09-92,02-10-93, 06-10-94, 04-18- 96, 11-01-96, 02-01-98, 07-01-98, 01-01-99, 07-01-99, 04- 01-00,03-01-01, 12-09-02, 07-01-09, 07-07-09, 12-03-19, 02-01-21 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Penal Code Sections 822, 827.1, 831.5, 853.5 and 853.6; California Code of Regulations, Title 15, Section 1029(a)(5); California Rules of Court, Rule 4.103(c); and United States District Court, Eastern District of California,Action No. F-93-5070. PURPOSE: The purpose of this policy is to establish and maintain consistent citation criteria to be utilized by the Fresno County Sheriff's Office Jail Division. POLICY: It is the policy of the Fresno County Sheriff's Office Jail Division that inmates who have charges which meet the criteria as established by law, shall be issued a citation and released from custody on their written promise to appear. PROCEDURES: I. CITATION CRITERIA A. All open misdemeanor charges, infractions, and violations of city or county ordinances shall be cited, with certain exceptions. All felonies and the following disqualifying charges shall NOT be released on citation and shall be held for court or bail after booking- 1. Any domestic violence-related offense, including: a. Penal Code Sections 243(e)(1) and 273.5. b. Any misdemeanor violation of a protective court order involving domestic violence- Penal Code Sections 166(c)(1)and 166(c)(4) (i.e., PC 166c*). c. Penal Code 273.6 if the person made threats to kill or harm, has engaged in violence against, or has gone to the residence or Page 1 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CITATIONS NO: C-220 FILE: CITATIONS workplace of the protected party. 2. H&S 120280 (failure to comply with a health order). The inmate shall be booked utilizing the authority PC 853.6(i)(2), and a notation "do not cite per PC 853.6(i)(2)" shall be written in the COMT/STRIKE/BAL section under the CHARGES tab in Offendertrak. The booking paperwork shall be scanned and forwarded to the on-duty Watch Commander. B. Warrants, filing slips, and remand orders shall not be cited, regardless of the bail amount. 1. Notwithstanding the foregoing, in an ongoing effort to control overcrowding, the following low-level warrants will not be accepted for booking: a. All infraction warrants. b. All municipal code and county ordinance warrants. c. All misdemeanor traffic warrants. The only exception shall be for misdemeanor DUI traffic warrants. 2. Jail Warrants are considered to be commitments (i.e., they have been issued days to serve in custody). All Jail Warrants shall be accepted, regardless of the underlying charge (including misdemeanor traffic warrants). 3. If a person is arrested for H&S 120280 (failure to comply with a health order), the warrant shall be processed as usual. The booking paperwork shall be scanned and forwarded to the on-duty Watch Commander. C. If a bail bond on a citable charge is presented at the Jail, the release of the charge on the bond shall take precedence over the release on citation and the bond will be accepted in lieu of the issuance of a citation on the charge. II. AUTHORITY TO DETAIN A CITABLE OFFENSE — PC 853.6(i) A. Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures as set forth by this policy, unless one of the reasons as delineated under PC 853.6(i) is a reason used for non-release- Page 2 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CITATIONS NO: C-220 FILE: CITATIONS 1. The person arrested was so intoxicated that they could have been a danger to themselves or to others. (Once the individual is no longer intoxicated, they shall be given the opportunity to sign their citation and be released from custody.) 2. The person arrested required medical examination or medical care or was otherwise unable to care for their own safety (e.g., H&S 120280). 3. The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code. 4. There were one or more outstanding arrest warrants for the person. 5. There were one or more failures to appear in court on previous misdemeanor citations that have not been resolved for the person. [Repealed as of July 1, 2021.] 6. The person could not provide satisfactory evidence of personal identification. (Once the individual has been positively identified by LivelD, they shall be given the opportunity to sign their citation and be released from custody.) 7. The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses,would be jeopardized by immediate release of the person arrested. 8. There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested. 9. The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear. 10. There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated. [The additional caveatthat"an arrestwarrant or failure to appearthat is pending atthe time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice" is effective only until July 1,2021,at which time it is repealed.] 11. The person was subject to Penal Code Section 1270.1. 12. The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous six months. [Repealed as of July 1, 2021.] Page 3 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CITATIONS NO: C-220 FILE: CITATIONS 13. There is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined in PC 490.4(a). [Repealed as of July 1, 2021.] B. The inmate shall be booked utilizing the authority PC 853.6(i) and the applicable subsection. The notation "was not cited per PC 853.6(i)"shall be written in the COMT/STRIKE/BAL section under the CHARGES tab in Offendertrak. C. The arresting officer shall indicate the applicable code section and reason for the nonrelease on the arrest tag. D. If the decision to not release was made by a member of the Jail Division, an incident report shall be written. The report shall delineate the clear articulable facts and circumstances that prevented the inmate from being cited and released. III. CITATIONS ISSUED ON OUT-OF-COUNTY CHARGES A. If an inmate is in custody on an out-of-county, non-citable misdemeanor charge, a telephone call and teletype shall be made/sent to the agency/county of jurisdiction notifying the agency that they have five (5) calendar days (by 1800 hours) in which to pick up the inmate. 1. If the agency/county of jurisdiction indicates they will not or cannot pick up the inmate, the inmate shall be issued a citation (as per the county's instructions) and be immediately released from custody. 2. If the agency/county of jurisdiction does not pick up the inmate within five (5) calendar days, the inmate shall be issued a citation and be immediately released from custody. B. The telephone number called, the person contacted, and the date and time of the scheduled appearance (obtained from the agency/county of jurisdiction) shall be noted in the COMT/STRIKE/BAL section under the CHARGES tab in Offendertrak. C. A teletype shall be sent to the agency advising them of the action taken, and the date, place and time of the scheduled court appearance. A copy of the teletype shall be scanned into the inmate's records. D. The abstract and the original copy of the citation shall be mailed to the court Page 4 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CITATIONS NO: C-220 FILE: CITATIONS of jurisdiction. IV. AMENDING A PREVIOUSLY-ISSUED CITATION A. Corrections to citations previously issued must be made on a Notice of Correction and Proof of Service form (TR-100). [Refer to .n..du A] 1. Complete the form, indicating the changes that need to be corrected. Print two (2) original copies of the form. 2. Scan the form into the inmate's records. 3. Forward one copy of the Notice of Correction and Proof of Service form to the court with jurisdiction over the case. Attach the original citation (if available), or a copy, if not. B. Address an envelope and insert the second copy of the Notice of Correction and Proof of Service form, along with a copy of the original citation, to the person named on the citation. Forward the envelope to the Distribution Room for mailing. 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