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E.P.P. 006 LONGWOOD POLICE DEPARTMENT ENFORCEMENT POLICY & PROCEDURE NUMBER: EPP – 6 SUBJECT: NON-CUSTODIAL ARREST, DISCRETION, AND DIVERSION PROGRAMS EFFECTIVE: DECEMBER 3, 2001 REVISED: APRIL 9, 2021 ENFORCEMENT POLICY AND PROCEDURE NON-CUSTODIAL ARREST, DISCRETION, & DIVERSION PROGRAMS EPP – 6 Page 1 of 6 I. PURPOSE: The purpose of this policy and procedure is to outline the proper utilization of procedures for non-custodial arrest, diversion programs and discretion by officers. II. DEFINITIONS: A. Diversion (From Arrest): Diversion applies to those situations where an offender, adult or juvenile, who has committed a violation of law that makes the person eligible to be physically arrested, is handled in a manner that satisfies the intent of enforcing the law with the exception being that the offender is not taken into actual physical custody. B. Notice To Appear: A Notice to Appear summons may be used by officers for field release of eligible violators. Issuance of a Notice to Appear summons constitutes a non—custodial arrest. C. Field Release: A field release is the procedure whereby an eligible offender is released at the scene; upon an officer completing a Notice to Appear summons or traffic citation and the violator signing such document promising to appear at a later time to answer to the charges specified. A field release may also be defined as a release with no action taken by the officer. ENFORCEMENT POLICY AND PROCEDURE NON-CUSTODIAL ARREST, DISCRETION, & DIVERSION PROGRAMS EPP – 6 Page 2 of 6 D. Non-Custodial Arrest: When an officer places a person under arrest and when the purpose of law enforcement is satisfied, but without taking an individual into actual physical custody. Reference is made to such diversion methods as simple release at the scene and the use of Notice to Appear summonses and traffic citations. III. CRIMINAL JUSTICE AND SOCIAL SERVICE DIVERSION RESPONSIBILITY: A. The Police Department, as a public service agency, plays a specific role in the criminal justice and social service diversion of certain offenders. It is the intention of the Police Department to use diversion programs and procedures as alternatives to arrest when practicable, recognizing that such programs are not applicable to all offenses. Diversion programs described in this directive include the use of citations and summonses to divert both adult and juvenile offenders from actual custodial arrest. B. The Police Department involvement in providing diversion services also extends to referring persons in need of assistance to appropriate community service agencies in lieu of taking them into actual physical custody. Such services assist with the non—arrest detention of persons for medical or mental health reasons, and for the detention of persons for purposes of their own safety and for the safety of others. C. Department personnel may routinely refer persons in need of assistance, when not related to criminal matters, to a social service agency best able to provide requisite aid. Enforcement personnel shall remain knowledgeable as to available social service organizations that provide aid. Employees may refer individuals to the Seminole County Sheriff’s Office Victim Advocate Unit when unable to refer them directly to a particular social service agency. IV. DISCRETION: A. The proper use of discretion by officers is encouraged. The use of discretion must be within the limits of legal, ethical and moral behavior. B. Officers are cautioned that discretion may be severely limited in the presence of any constitutional, statutory or court ordered mandates. C. Officers should rely upon their experience, training, compassion, good judgment and advice of their supervisors in order to be guided toward making morally justified and lawful decisions. D. Officers shall act reasonably and within the limits of their authority. ENFORCEMENT POLICY AND PROCEDURE NON-CUSTODIAL ARREST, DISCRETION, & DIVERSION PROGRAMS EPP – 6 Page 3 of 6 E. The use of discretion is not limited to arrests, and may include traffic offenses, handling calls for service, or settling disputes. F. When in doubt as to how discretion should be exercised, officers shall consult their supervisors for guidance. G. Refer to Enforcement Policy and Procedure 7: Juvenile Enforcement Considerations for special considerations in officers’ use of discretion when handling juvenile offenders. V. NON-CUSTODIAL ARREST AND DIVERSION CONSIDERATIONS: Officers are given the authority and discretion to consider alternatives to arrest. Adults and juveniles should be diverted from actual physical arrest if the purpose of law enforcement can be satisfied through other methods. Diversion methods that may be considered, and the guidelines and circumstances that govern the use of such methods, include: A. NOTICE TO APPEAR SUMMONSES: 1. A Notice to Appear summons may be issued in lieu of placing an offender under actual physical arrest in situations involving misdemeanor and city ordinance violations. Officers are encouraged to utilize such summonses in appropriate non—violent offenses. 2. A Notice to Appear summons requires an offender to answer a charge specified by the officer on a certain date and at a certain time (according to a schedule established by the court). 3. A Notice to Appear summons may be issued to offenders unless: a. The offender does not reside locally (within Seminole County or within immediate adjoining counties), or is unable to provide sufficient identification; b. The offender is known to be a habitual offender; c. The offense was violent in nature; d. The officer has reason to believe the offender will repeat the offense if left at liberty; e. The offender exhibits violent or disorderly behavior; ENFORCEMENT POLICY AND PROCEDURE NON-CUSTODIAL ARREST, DISCRETION, & DIVERSION PROGRAMS EPP – 6 Page 4 of 6 f. The offender is a juvenile (with no parent or guardian present to sign the notice on behalf of the child, or none that can be reached that have a reasonable response time to the scene); g. The offender has outstanding warrants pending; h. The offender has previously failed to respond to a notice or summons; i. The offender fails or refuses to sign the Notice to Appear; or, j. The offender is charged with any misdemeanor relating to domestic violence or violation of injunction for protection, or driving under the influence of alcohol or other controlled substance. 4. Procedures for Issuing a Notice to Appear Summons: a. Advise the person that an offense is being charged, and advise the person of the nature of the offense; b. Advise the person that a summons is being issued and that, while it is the same as an arrest, which he/she is not being taken into actual physical custody; c. Advise the person that the summons must be signed indicating knowledge of the charge and court appearance information, but that by so signing he/she is not admitting to guilt; d. Advise the person that the summons is a promise to appear and if he/she fails to appear the court may take action up to and including issuing an arrest warrant; e. The officer will fill out the Notice to Appear Form as completely as possible, including court dates, taking into consideration any additional court appearance data that may be relative to juveniles only; f. Ensure that the offender understands the document; g. Record information as pertains to all witnesses, victims or complainants; ENFORCEMENT POLICY AND PROCEDURE NON-CUSTODIAL ARREST, DISCRETION, & DIVERSION PROGRAMS EPP – 6 Page 5 of 6 h. Secure all evidence and submit it to the Evidence Section if appropriate; i. Issue the offender a copy of the court appearance information and release the person at the scene; j. Disseminate any court appearance information that is requested to all witnesses, victims or complainants; and, k. Submit all completed paperwork to a supervisor for review and agency dissemination. B. TRAFFIC CITATIONS: Officers should, when possible, consider releasing an offender at the scene under summons or a traffic citation, rather than placing the offender under actual physical arrest. In considering releasing an offender on a citation rather then placing under physical arrest, the following criteria should be taken into consideration: 1. Prior record of the offender; 2. Seriousness of the offense charged; 3. Attitude of the offender. C. INFORMAL RESOLUTION: In responding to calls where minor and resolvable disturbances are being created and an officer believes that such disturbances may be resolved or defused through counsel or negotiation with the involved parties; officers are encouraged to attempt to resolve the disturbance so as to avoid arrest action. D. WARNINGS AND REFERRAL NOTICES: 1. When appropriate, officers may use verbal and/or written warnings for traffic infractions and trespass warnings. 2. When appropriate, officers may issue a victim a Referral Notice in lieu of the immediate arrest of a suspect. E. Refer to the Enforcement Policy and Procedure “Juvenile Enforcement Considerations” for additional procedures and diversion programs applicable to juveniles. ENFORCEMENT POLICY AND PROCEDURE NON-CUSTODIAL ARREST, DISCRETION, & DIVERSION PROGRAMS EPP – 6 Page 6 of 6 VI. DIVERSION PROGRAMS FOR REASONS OF HEALTH AND SAFETY: Officers who encounter individuals who may meet the criteria for involuntary examination for mental illness or protective custody for substance abuse services will refer to Enforcement Policy and Procedure 23: Crisis Intervention Procedures.