Metropolitan Police Department Washington D.C.

Subject: Citation Release Program

Series Number Change 502 06 Effective Date December 01, 1971 Revision Date July 02, 1979

The purpose of this order is to establish the policy and procedures for implementation of the Citation Release Program. This order consists of the following parts:

PART I Responsibilities and Procedures for

Members of the Department

A. Title II of Public Law 91-358.

B. General.

C D.C. Pretrial Services Agency.

D. Court Appearances.

E. Procedures for Processing Citation Release Cases in the United States Attorney’s Office, Superior Court.

F. Personal Recognizance.

PART II Responsibilities and Procedures for

Special Assignment Personnel

A. Initial Screening.

B. Interview and Verification of Information

C. Issuance of the Citation.

D. Denial of Citation Release.

E PD Form 780 (List of Persons on Citation to Appear in Court).

F. Citation Files.

PART III Responsibilities and Procedures for

Supervisory and Command Personnel

A. Maintaining the Citation File.

B. Verification of Telephone Release Orders.

C. Official in Charge of the Central Cell Block.

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	2 of 17

PART I

A. Title II of Public Law 91-358

D.C. Code, Section 23-1110, is quoted:

“(a) The judges of the District of Columbia Superior Court shall have the authority to appoint some official of the Metropolitan Police Force of the District of Columbia to act as clerk of the District of Columbia Superior Court with authority to take bail or collateral from persons charged with offenses triable in the District of Columbia Superior Court in criminal cases in the District of Columbia at all times when the District of Columbia Superior Court is not open and its clerks accessible. The official so appointed shall have the same authority at said times with reference to taking bonds or collateral as the clerk of the Municipal Court had on March 3, 1933; shall receive no compensation for said services other than his regular salary; shall be subject to the orders and rules of the District of Columbia Superior Court in discharge of his said duties, and may be removed as such clerk at any time by the judges of the D.C. Superior Court--The United States Court for the District of Columbia and the Family Division of the District of Columbia Superior Court each shall have power by order to authorize the official, appointed by the District of Columbia Superior Court, to take bond of persons arrested upon writs and processes from those courts in criminal cases between four o’clock postmeridian and nine o’clock antemeridian and upon Sundays and holidays, and each of such courts shall have power at any time by order to revoke such authority granted by it.

“(I) An officer or member of the Metropolitan Police Force who, arrests without a warrant a person for committing a misdemeanor may instead of taking him into custody, issue a citation requiring such person to appear before an official of the Metropolitan Police Force, designated under Sub-section (a) of this section to act as a clerk of the District of Columbia Superior Court.”

“(2) Whenever a person is arrested without a warrant for committing a misdemeanor and is booked and processed pursuant to law, an official of the Metropolitan Police Force designated under Sub-section (a) of this section to act as a clerk of the Superior Court may issue a citation to him for an appearance in court or at some other designated place, and release him from custody.”

“(3) No citation may be issued under paragraph (I) or (2) unless the person authorized to issue the citation has reason to believe that the arrested person will not cause injury to person or damage to property and that he will make an appearance In answer to the citation.”

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	3 of 17

“(4) Whoever willfully fails to appear as required in a citation, shall be fined not more than the maximum provided for the misdemeanor for which such citation was issued or imprisoned for not more than one year, or both. Prosecution under this paragraph shall be by the prosecuting officer responsible for prosecuting the offense for which the citation is issued.”

B. General.

1. The Chief Judge, District of Columbia Superior Court, has designated station clerks to act as clerks of the District of Columbia Superior Court for the purpose of implementing the provisions of Title II. It is not necessary that the designated station clerks be desk sergeants to qualify.

2. It is the policy of the department to implement the provisions of Title II of Public Law 91—358 by the issuance of citations, where warranted, with the belief that persons with certain demonstrable “roots in the community” may be relied upon to appear voluntarily in compliance with a citation (summons).

3. This statute does not establish the citation in lieu of arrest but in lieu of detention. It neither reduces nor expands the authority of police officers to make arrests. The gist of this statute is that it authorizes the conditional release of those individuals who have been arrested without a warrant and charged with a misdemeanor. The citation may be issued to those Individuals meeting the criteria in lieu of requiring a bond, or in some cases, the posting of collateral. It does not change the procedures in the issuance of Notices of Infraction.

4. Persons arrested for a misdemeanor without a warrant (including traffic cases in which the issuance of a Notice of Infraction is prohibited) shall be booked in the regular manner. If the case is one for which the arrested person can post collateral, either for forfeiture or to secure appearance in court, this order does not preclude the individual from posting collateral.

5. Persons arrested for intoxication shall be processed under the provisions of General Order No. 501.3 (Handling Intoxicated Persons). Juveniles will continue to be processed under the provisions of General Order No. 305.1 (Handling of Juveniles).

6. The handling of military prisoners is not to be changed by this order. However, when a member of the Armed Services is booked for a misdemeanor, items 1 through 4 will be completed on the PD Form 778 (Citation Report). If the Armed Forces Police assume Custody of the arrested person, this will be noted in Item 16 of the Citation Report. If the Armed Forces Police do not assume custody, the normal procedures outlined In this order shall be followed.

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	4 of 17

7. Persons arrested and booked pursuant to Title 23—582 of the D.C. Code by special policemen and others qualified to make arrests In the District of Columbia are eligible to participate in the Citation Program on the same basis as persons arrested by members of this department.

8. Arrested persons who require hospitalization are included -under the provisions of the Citation Program if they qualify.

9. The fact that the arrested person lives and/or works outside the District of Columbia shall not exclude his participation in this program.

10. The fact that an arrested person is in possession of the required amount of cash for his release at the time of arrest shall not be a determining factor that he be excluded from participating in the Citation Release Program. If a person can be safely released, the release shall be based on that fact rather than upon the payment of bond or cash collateral. Further, In some instances in which an arrested person can post bond or collateral, he does so by using very limited funds and may cause a financial hardship on his family.

11. Every adult who is arrested without a warrant for committing a misdemeanor shall be transported to the arresting officer’s organizational element or to the nearest station house for booking, preparation of necessary reports, and screening for the Citation Release Program prior to being transported to the Central Cell Block or D.C. Jail. PD Form 778 (Citation Report), items 1 through 5 must be executed by the arresting officer on every such person booked. The date of arrest shall be inserted in the upper right—hand corner of the form. When completing item 5 of the Citation Report, only convictions should be listed. In all convictions, list the date, charge, and sentence.

12. A CITATION SHALL NOT BE ISSUED IF A CHECK INDICATES ANY OUTSTANDING WARRANTS OR DETAINERS, OR IF THE PERSON AT THE TIME OF HIS ARREST IS ON ANY FORM OF CONDITIONAL RELEASE, INCLUDING PRE—OR POST—TRIAL RELEASE ON PERSONAL RECOGNIZANCE; CONDITIONS OR BOND; PROBATION; PAROLE; RELEASE TO A COMMUNITY CORRECTIONAL CENTER OR ANY TYPE; OR FURLOUGH.

a. A name check with the Criminal and Traffic Warrant Section and WALES is mandatory before a citation is issued.

b. Information from the Query Status Register within WALES is available by using the “QSCN” query on any WALES terminal.

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	5 of 17

C. D.C. Pretrial Services Agency

1. The D.C. Pretrial Services Agency shall be open for citation investigation 24 hours a day, 7 days a week.

2. The following telephone numbers shall be used by members of this department in contacting a representative of the Pretrial Services Agency.

a. 0800 to 1600 hours, Monday through Friday - 727-2939

b. All other times — 727-2921 or 727-2800.

3. A call shall be placed to the Pretrial Services Agency in all misdemeanor arrest cases, even in those cases where the arrestee is on parole, probation, pretrial release, or was arrested pursuant to an arrest warrant. If the Pretrial Service Agency employee makes a determination that the arrestee is not eligible for citation release, an interview will be conducted by telephone to obtain information necessary for the Agency’s recommendations to the court concerning pretrial release conditions. If unable to contact the Pretrial, Services Agency after three separate attempts by telephone, the station clerk shall conduct the interview and verify the information as provided in Part IIA4c(1).

4. The station clerk who requests the Pretrial Services Agency to interview and verify information shall furnish the Pretrial Services Agency with the following information on the arrested person:

a. The full name and any aliases.

b. The district or division where the arrested person is booked.

c. The district or division case number.

d. The charge against the arrested person.

e. A list of the arrested person’s prior convictions.

f. Any other information about the arrested person including verification of information regarding the arrested person’s address, family ties, and employment, which the arresting officer is familiar with and knows to be correct.

5. The arrested person should then be placed on the telephone for a complete interview by the D.C. Pretrial Services Agency representative.

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	6 of 17

6. After the Pretrial Services Agency representative has completed verification of the information furnished by the arrested person during the interview, he shall call the district or division and give the results of his investigation and his recommendation. He shall furnish the station clerk with the total number of points verified, the reason for denying recommendation if the arrested person is not recommended for release, and any other information which has come to his attention during the investigation which shall help the station clerk in determining whether to approve or disapprove a Citation Release.

7. The above procedure will not usually apply to traffic cases; in such cases, the station clerk shall normally conduct the interview.

D. Court Appearances.

1. Court appearance dates for defendants in citation cases shall be set Monday through Friday at 0900 hours. The date on which citation cases are scheduled shall be controlled, to the extent practical, by the D.C. Pretrial Services Agency.

2. Court appearances dates shall not be set less than 3 days or more than 20 days from the date of arrest.

3. The arresting or papering officer shall report with the PD Form

799 (Citation to Appear) and all necessary parties to the appropriate prosecutor’s office to paper cases. PD Form 799 shall be available at the Court Liaison Branch.

4. When a special officer from a store is the only witness for the case, he shall be consulted for a convenient court date.

E. Procedures for Papering Citation Release Cases in the United States Attorney’s Office, Superior Court.

1. The arresting(or assisting) officer shall respond to the U.S. Attorney’s and/or Corporation Counsel’s Office(s) to paper the citation release cases two days prior to the scheduled appearance of the defendant in Court in accordance with the following schedule:

ARRESTING OFFICER’S DAY FOR REPORTING TIME

TOUR OF DUTY PAPERING FOR PAPERING

0700-1500 Monday-Friday 1300 Hours to 1330 Hours

0800-1600 Monday-Friday 1400 Hours to 1430 Hours

1500-2300 Monday-Friday 1500 Hours to 1530 Hours

1600-2400 Monday-Friday 1600 Hours to 1630 Hours

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	7 of 17

PERMANENT

2300-0700 Monday-Friday 0800 Hours

2400-0800 Monday-Friday 0900 Hours

2. When appearances for defendants are scheduled on a Monday, the arresting officer shall report to paper his case(s) by the preceding Thursday.

3. For officers working permanent midnight tours the officer issuing the citation release form shall print MIDNIGHT TOUR OF DUTY under the name and organizational element of the arresting officer on the citation form.

4. The Prosecutor’s Office will notify members of continued dates for trial.

5. In cases where more than one defendant is involved In the same case and some of the defendants remain locked-up and one or more of the defendants is released on a citation, the arresting officer shall have papers made on all of the defendants Including those released on citation when he presents the case against the locked-up defendants to the United States Attorney’s Office or the Corporation Counsel’s Office. In such cases, the Prosecutor’s Office will act on all the co-defendants at the same time, thereby eliminating the requirement for the arresting officer to appear at a later date to paper the cases of co-defendants who were released on citation.

6. In all cases in which a defendant has been released on a citation and the charges have been presented to the United States Attorney’s Office prior to the date set for the defendant to appear in court, the arresting officer shall not again appear in court on the date set for the appearance of the defendant, unless specifically requested to appear on that day by the Assistant United States Attorney who handled the case at papering. If an officer is requested to return to court on the day the defendant is set to appear, an official of the Court Liaison Branch shall be notified and that official shall determine whether or not such appearance by the arresting officer is necessary. The arresting officer shall comply with the instructions of the Court Liaison Official.

F. Personal Recognizance.

1. Pursuant to an agreement with the Chief Judge, Superior Court, the following departmental procedures are established for verification of telephonic orders by judges of the Superior Court ordering the release of persons on personal recognizance.

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	8 of 17

2. When a judge of the Superior Court has occasion to call a member of this department other than the desk lieutenant to authorize the release of a person on personal recognizance, that member shall ascertain if the judge is calling from his home or office. This information shall be communicated to the desk lieutenant who shall make the appropriate verification.

PART II

A. Initial Screening

1. Persons arrested shall, after booking, be Informed by the station clerk that, upon consenting to an interview, they may be eligible for the issuance of a citation (summons in lieu of detention). Station clerks shall ensure, that persons arrested on misdemeanor charges, are granted the opportunity to be interviewed by a member of the D.C. Pretrial Services Agency.

2. The provisions for issuing a citation apply only to misdemeanants arrested without a warrant. A citation is not authorized if the station clerk, after consulting with the arresting officer, has reason to believe or determines that:

a. The arrested person may cause injury to persons or damage to property.

b. The arrested person may not appear in response to the citation.

c. The arrested person is wanted, after having made a name check with Criminal Records, Traffic Records, Warrant Sec tion, and the WALES system.

d. The arrested person can be sent directly to court.

3. If the initial determination has been made that an arrested person does not meet the minimum requirements previously outlined in this order, no further action shall be taken to release the arrestee under the Citation Release Program. The arrested person shall be processed in the usual manner. However, the station clerk shall indicate in item 16 of the Citation Report the arrest number and the reason for such determination.

4. If, after the Initial screening, the station clerk determines that the arrested person meets the minimum requirements he shall:

Publication	Revised Date	Page Number
General Order 502.06	July 02, 1979	9 of 17

a. Read the statement contained in the Citation Report to the arrested person. If the arrested person indicates he does not wish to be interviewed, the appropriate block on the Citation Report shall be checked. The station clerk shall write "Refused Interview” in item 16 and the arrestee shall be asked to affix his signature to this space. No further police action shall be taken to release the arrestee under the Citation Release Program. He shall be processed in the usual manner. The station clerk shall indicate the disposition of the case in item 16 of the Citation Report (posted collateral or bond, prisoner confined, prisoner turned over to Armed Forces Police). Whenever the prisoner is initially confined and later released on bond or collateral, the station clerk must indicate this change in item 16.

b. If the arrested person understands the statement, wishes to be interviewed, and authorizes the Metropolitan Police Department or the D.C. Pretrial Services Agency to verify the information given by him, the arrested person shall sign the Citation Report in the space provided. The station clerk shall witness the arrested person’s signature by signing his name in the space provided.

c. The interview and verification of information in traffic cases shall be conducted by the station clerk. He shall:

(1) Verify only the arrestees:

(a) Name,

(b) Address, and

(c) Warrant status; and

(2) Contact the D.C. Pretrial Services Agency to:

(a) Determine the scheduled court date, and

(b) Advise of a change in the defendant’s status, including detention journal cases..

d. In most cases, beside traffic, the D.C. Pretrial Services Agency shall be requested to conduct the interview and verify the information. If the station clerk is unable to contact the Pretrial Services Agency representative, he shall conduct the interview and verify the information as provided in part IIA4c(l) above.

Publication	Revised Date	Page Number
General Order 502.06	July 02, 1979	10 of 17

B. Interview and Verification of Information

1. The station clerk shall be guided by the following criteria in his interview and certification of information in determining whether to issue a citation

a. Arrests for disorderly conduct (unlawful assembly, disturbing the peace) and simple assault are examples of emotionally charged crimes that may be likely to continue or resume and cause injury to persons or damage to property if the arrested person is released. The same offense, however, committed under some circumstances might be suitable for Citation Release (e.g., if there is not apparent likelihood that the offense will continue or resume).

b. If the complainant is believed to be in danger, the arrested person shall not be issued a citation.

c. If a businessman who had been robbed on a number of occasions in recent months is arrested for carrying a concealed weapon and is known to the arresting officer as a business man of good repute, a citation could be issued under these circumstances.

d. A person arrested for shoplifting could be issued a citation when that person can offer satisfactory evidence of identity and when the station clerk is satisfied that the arrestee will appear in court.

2. The station clerk’s evaluation of the person’s credibility shall often be the sole factor influencing the choice of citation or confinement. Good judgment in assessing the relevance and reliability of the information available shall profoundly affect the court appearance rate. The following circumstances are examples that could provide reasons to believe the person would be unlikely to appear:

a. The person arrested lives in a rooming house for transients.

b. The person is a resident of a distant jurisdiction.

c. The person has failed to appear as required on a previous citation.

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	11 of 17

3. The arrested person should be able to offer satisfactory evidence of identity in order to help the station clerk determine if he will appear in court.

a. Satisfactory evidence of identity can be defined as that degree of evidence required to reasonably assure the officer that the person is who he claims to be.

b. When the person cannot offer satisfactory evidence of his or her identity, the officer shall attempt to verify the person’s identity by independent means if it is practicable to do so.

4. In those cases in which a D. C. Pretrial Services Representative conducts the Interview, the number of points awarded by the D.C. Pretrial Services Agency based on verification of information received from the arrested person should be a major factor in the station clerk’s determination of the eligibility of the arrested person for a citation release.

5. The station clerk shall then complete PD Form 778 Items 6 through 20.

C. Issuance of the Citation.

1. If the station clerk approves the issuance of a citation based upon his own verification of information provided by the arrested person or accepts a recommendation from the D. C. Pretrial Services Agency to release the arrested person on a citation, he/she shall prepare a PD Form 799 in an original and three copies, to be distributed as follows:

a. The original to the appropriate court.

b. First copy (white) to the arrested person.

c. One copy (pink) to the D.C. Pretrial Services Agency.

d. One copy (yellow) for the element’s Citation File.

2. The station clerk, after signing, shall read the PD Form 799 to the arrested person making sure that the arrested person understands the provisions of the citation, the date for his/her appearance In court, the court in which he/she is to appear, and the penalty provided for failure to appear as required in the citation.

3. The arrested person shall then acknowledge issuance of the citation by signing and dating the citation to appear in the space provided on the form. All copies of the citation to appear shall be signed by the station clerk and the arrested person.

Publication	Revised Date	Page Number
General Order 502.06	September 12, 1983	12 of 17

4. A citation shall not be issued if the arrested person refuses to sign the citation. The arrestee shall be advised that signing the citation is not an admission of guilt, but only a promise to appear on the assigned date.

5. The station clerk shall Indicate the booking element designation In the upper right-hand corner in the space ^"Citation No."

6. Prior to releasing defendants on citation, the station clerk shall:

a. Contact the Pretrial Services Agency to obtain a mutually agreeable date for the appearance of the defendant in court,

b. Act in concert with the Pretrial Services Agency to maintain a balanced court calendar and, to the extent possible, establish dates that do not require an officer’s appearance in an off duty status; and

c. Except in those cases where officers work permanent midnight tours of duty, employ the 20-day maximum for scheduling to eliminate off duty papering (i.e., arrests occurring on the midnight tour of duty shall be papered during the officer’s succeeding evening tour in accordance with the times indicated in this order).

7. The station clerk shall enter the words “Citation Issued" in the arrest book in the space normally used for listing bonds and collateral. A penciled notation of the court date will be entered in the disposition column.

8. Prior to the issuance of a citation to appear, the station clerk shall check with the Identification Annex, Identification and Records Division, to determine whether the fingerprints of the arrested person are on file with this department. If the arrested person’s fingerprints are not on file and/or they are required under the provisions of General Order No. 502.1 (Processing Prisoners), he/she shall be processed accordingly. In Instances when a PD Form 163 is made but the arrested person is not required to be processed under the provisions of General Order No. 502.1, the station clerk shall place the arrested person’s right thumb print on the PD Form 163. If the charge does not require a PD Form 163, the thumb print shall then be placed on PD Form 778 and PD Form 799.

Publication	Revised Date	Page Number
General Order 502.06	September 12, 1983	13 of 17

D. Denial of Citation Release

The following procedures shall apply only to those prisoners who have been denied Citation Release by the station clerk when the D.C. Pretrial Services Agency is unable to verify information for release.

1. The station clerk shall insure that the Pretrial Services Agency is afforded sufficient time to attempt to verify information prior to sending a prisoner to the Cell Block or Detention Center. Additionally, the station clerk shall:

a. Complete PD Form 778 (Citation Report). In all cases where charges do not require the PD Form 163, the thumb print shall be imprinted on the PD Form 778 in item 18.

b. Complete PD Form 799 (Citation to Appear), except for the issuing clerk’s signature and signature of arrested person and forward to the Central Cell Block with the prisoner.

2. Upon receipt of verification of information from the Pretrial Services Agency, the station clerk shall record the information in the appropriate section of the PD Form 778 or on the back if necessary.

3. If the only reason for denial of release was the verification of this information, the station clerk shall authorize the release of said prisoner.

a. Upon approval for release, the Station Clerk shall call the official in charge of the Central Cell Block and direct the release of the prisoner.

b. The Station Clerk shall then wait for the official in charge of the Central Cell Block to call back and confirm the authorization for release.

c. The station clerk shall make the following notations on the back of the PD Form 778:

(1) Date and time of call from the Pretrial Services

Agency;

(2) Reason for authorization of release;

(3) Date and time of call to the Central Cell Block and return call; and

(4) Name of the official contacted.

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	14 of 17

4. If the station clerk receives a call from the Central Cell Block noting that the prisoner refused to sign the Citation Release Form, he shall make a notation on the PD Form 778, citing the date and time of call and name of official making the contact, and indicate that the prisoner was not released because he refused to sign the PD Form 799.

5. Upon receipt of the PD Forms 799 and 163 from the Central Cell Block, the station clerk shall:

a. Distribute PD Form 799 as provided in Part IIC.

b. Return to the arresting officer his copies of PD Form 163, where applicable, for Court purposes.

c. Make the court notification to the arresting officer.

6. The station clerk shall complete PD Form 780 (List of Persons on Citation to Appear in Court) as provided in Part IIE below.

7. In processing females, the station clerk shall follow all the above procedures cited in Part IID, except:

a. Upon approval for release, the station clerk shall call the corrections officer in charge of the Detention Center and inform him that said prisoner is qualified for release.

b. The Station Clerk shall then dispatch an officer to the Detention Center with the prepared PD Form 799.

c. The officer shall sign the form, and below his signature, print the name of the approving station clerk. After signing, the officer shall read the PD Form 799 to the arrested person making sure that she understands the provisions of the citation, the date of her appearance in court, the court in which she is to appear, and the penalty provided for failure to appear as required in the citation.

d. The arrested person shall then acknowledge issuance of the citation by signing and dating the citation to appear in the space provided on the form.

e. The prisoner shall then be released from the Detention Center.

f. If the prisoner refuses to sign the PD Form 799, the officer shall note the reason for refusal on the back of the PD 799, and the prisoner shall not be released.

Publication	Revised Date	Page Number
General Order 502.06	July 02, 1979	15 of 17

g. The officer shall then return to the district station and

give the PD Form 799 to the station clerk, who shall make the appropriate notations on the PD Form 778.

8. In each case where citation release is denied or withdrawn following a favorable recommendation by the Pretrial Services Agency, the station clerk shall notify an agency representative of that fact.

E. PD Form 780 (List of Persons on Citation to Appear in Court).

1. The notification of the appropriate Court will be accomplished by use of PD Form 780. The proper court will be indicated and all citation cases for that court, issued on that date, will be entered on the sheet Citations for the D.C. and U.S. Court Branches shall not be entered on the same sheet. Separate sheets shall be made for each Court as necessary. PD Form 780 will oe forwarded to court daily, except Saturdays, Sundays, and holidays, with the regular collateral sheets.

2. PD Form 780 shall be made up in an original and two copies and distributed as follows:

a. The original and one copy shall be sent to the C Court Liaison Branch in the Superior Court with the court copies of the PD Form 799 for that day.

b. One copy shall be retained in the booking elements's citation file.

F. Citation Files.

1. Each booking element affected by this order shall establish a citation file which shall consist of:

a. PD Form 778 shall be filed by month of arrest alphabetically by the defendant’s name within each month.

b. PD Form 799. The station clerk shall attach tne yellow PD Form 799 to the corresponding PD Form 778. If original PD Forms 799 are returned to booking elements they shall also be attached to the corresponding PD Forms 778.

c. The district or division cops of the PD Form 780 shall be filed in the monthly file by date of transmittal.

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	16 of 17

2. The Court Liaison Branch, Superior Court, shall maintain a file for the original PD Forms 799 forwarded to that office by the booking element. They shall be:

a. Filed chronologically by Court date for arrestee’s appearance.

b. Given to the arresting officer when he checks in court on the initial appearance in the citation case.

3. The Court Liaison Branch shall return original PD Forms 799 which are not to be retained as court records to the issuing element.

4. Care must be exercised in maintaining the original PD Form

799. In those cases where the defendant fails to appear as directed, the original form may be needed in court.

PART III

A. Maintaining the Citation File.

1. Commanding officers shall be responsible for the proper instruction of members of their commands in the content of this order and any subsequent orders with respect to Title VII.

2. Commanding officers shall designate one station clerk as the “Citation Release Program Clerk” for the purpose of reviewing and maintaining the citation file according to this order.

B. Verification of Telephone Release Orders.

1. The desk lieutenant, Criminal Investigations Division, shall maintain a current list of home and office telephone numbers of all Superior Court judges. in the event there is any change in the personnel or the numbers listed the Chief Judge of the Superior Court will notify the Court Liaison Branch which will in turn notify the desk lieutenant.

2. When the desk lieutenant receives a telephone call from a judge of the Superior Court authorizing the release of a person in custody on personal recognizance, he shall ask the judge whether the call is originating from his home or office. The desk lieutenant shall then return the call using the home or office number noted for that judge on the current notification List.

Publication	Effective Date	Page Number
General Order 502.06	December 01, 1971	17 of 17

3. When a judge desires to release a person on personal recognizance and he is not at his office or home, that judge will call the judge assigned to emergency duty. The judge assigned to emergency duty will then call the desk lieutenant and communicate this information. The desk lieutenant shall verify the identity of the caller by returning the telephone call to the emergency judge.

C. Official in Charge of the Central Cell Block.

1. Upon receipt of a call from the station clerk authorizing the release of a prisoner held in the Central Cell Block:

a. The official shall complete the preparation of the PD Form 799.

b. A return call shall be made to the station clerk to confirm the information and authorization for release.

c. The official shall sign the form, and below his signature, print the name of the approving station clerk. After signing, the official shall read the PD Form 799 to the arrested person making sure that; the arrested person understands the provisions of the citation, the date for his appearance in court, the court in which he is to appear, and the penalty provided for failure to appear as required in the citation.

d. The arrested person shall then acknowledge issuance of the citation by signing and dating the citation to appear in the space provided on the form.

2. The official shall give the prisoner a copy of the PD Form 799 and release him.

3. If the prisoner refuses to sign the PD Form 799 after all procedures have been followed, the official in charge of the Central Cell Block shall call the station clerk and advise him. in such case, the prisoner shall not be released.

4. The official shall forward the PD Forms 799 and 163 to the appropriate district via departmental mail or the next available transport vehicle

going back to the appropriate district.