0860.30, Citations-In-Lieu-Of-Custody
Refer:
- ORS 133.225 Arrest By Private Person
- ORS 162.385 Giving False Information to a Peace Officer in Connection to Citation or Warrant
- ORS 181A.160 Fingerprints, identifying data, disposition report required upon arrest.
- ORS 181A.165 Crimes for which criminal offender information is required.
- DIR 0640.00, Identification Division Procedures
- DIR 0660.10, Property and Evidence Procedure
- DIR 0830.00, Arrest Without Warrant
- DIR 0840.00, Arrest With Warrant
- DIR 0870.30, Processing of Persons into MCDC
- DIR 0870.50, Arrest, Felony Processing
- DIR 0880.30, Security Deposit Setting
- Current Multnomah County Sheriff’s Special Order on Charges Acceptable for Booking
Definitions:
- Arrest: The act of taking a person into custody on any criminal offense, including misdemeanors, felonies, and violations of protection orders. A person is considered arrested whether they are booked into jail or released from custody with a criminal citation.
- Booking: The act of presenting an arrested criminal suspect to Multnomah County Detention Center (MCDC) Intake for presentation to a magistrate for charging and complete processing which includes fingerprinting, photographing, medical and recognizance interviews, and cell assignment. Booked suspects become part of the official detention center population.
- Bookable Offense: Any ORS Statute or City Code Ordinance listed in the current MCDC Special Order. Persons arrested for one or more of these listed ORS Statutes and City Code Ordinances are allowed to be booked into MCDC Intake for either complete processing without a citation or for mug and print processing with a citation.
- C-Citation (C-Cite): A citation in lieu of custody that shall be used whenever an arrested person is cited for at least one felony crime (including felony traffic crimes) with or without additional misdemeanors crimes which can be either from the ORS or the City Code.
- Z-Citation (Z-Cite): A citation in lieu of custody that shall be used whenever an arrested person is cited for at least one misdemeanor crime (including misdemeanor traffic crimes) and shall be used for all violation or infraction level offenses (traffic and non-traffic violations).
Policy:
1. The purpose of this directive is to govern when sworn members will issue a criminal citation-in-lieu of a custodial arrest. While the standard practice for sworn members when making an arrest is to book the arrested person into jail, the Oregon Legislature has designated certain offenses as being eligible for a criminal citation. These citations may be issued based on the rules established by the Multnomah County Sheriff’s Booking Criteria, direction from the Chief of Police, or in some circumstances, based on the discretion of sworn members as outlined in this directive.
2. Discretionary use of citations in lieu of custody may be appropriate in promoting community safety and reducing the burden of low-level arrests, however it also raises the possibility of disparate and inequitable treatment of community members. As such, the decision to issue a citation in lieu of custody when the underlying crime is bookable must be based on specific articulable facts, and members should be conscious of any potential bias impacting the decision.
Procedure:
1. Authority to Issue Citations.
1.1. ORS 133.055 allows for a citation to be issued when a person is arrested for a Class C felony or any misdemeanor or violation level offense, except for domestic violence assault, menacing, or violation of a protective order, as defined in ORS 133.310(3).
2. Member Responsibilities.
2.1. Discretionary Citations: A member will not issue a citation for a bookable offense unless the member can articulate a specific reason based on the totality of the circumstances, including but not limited to not separating a parent from children, avoiding the use of force, or limited staffing or resources.
2.1.1. Members must receive approval from a supervisor and document the reason for the citation in their report.
2.2. Mandatory Citations: When making an arrest for an offense that is not currently bookable under the current Multnomah County Sheriff’s Special Order on Charges Acceptable for Booking, members will issue the appropriate criminal citation.
2.2.1. When a member is making a probable cause arrest of a person that includes both bookable and non-bookable charges, the member may book the person on all charges without issuing a citation.
2.2.2. When a member is making a warrant arrest of a person with new non-bookable charges the member will issue the person a citation for those charges.
2.3. Cite-in-Lieu Warrants: Members will issue a citation for a cite-in-lieu warrant even, if arresting on bookable charges.
2.3.1. Members will contact the originating agency to obtain a court date and time, and any other needed information for the citation.
2.3.2. When arresting on warrants issued by jurisdictions outside of Multnomah County, members will contact PPB Teletype and provide them all information regarding the warrant and citation to allow them to clear the warrant.
2.4. In those situations where the reasonable identity of an arrested suspect is either unknown or in question, the arresting member will follow the procedures outlined in Directives 0640.00, Identification Procedures and 0870.30, Processing of Persons into MCDC.
3. Supervisor Responsibilities:
3.1. The supervisor-in-charge of a mission, demonstration, or other such event that has the potential for creating mass misdemeanor arrests, is to notify the MCDC Officer-in-Charge (MCDC-OIC), the Bureau’s Complaint Signer’s Office, and the appropriate District Attorney Unit prior to the event.
3.1.1. Misdemeanor arraignments will occur not more than 30 days from the date of arrest, but as close to 30 days as possible. Arraignment dates should be distributed over several days beginning with the latest available court date and working back (30 days, if possible). Whenever possible, do not cite more than 8-10 subjects for any single date. Monday and Friday arraignments are to be avoided.
3.2. Supervisors will review and consider all requests by members to issue discretionary citations in lieu of custody to determine if they are appropriate.
Effective: 03/16/2024
Next Review Date: 03/16/2026