5-03/119.00 - Misdemeanor Release Pursuant to 849(B)(3) PC



All persons arrested only for being under the influence of a narcotic, drug or restricted dangerous drug may be released to an authorized treatment center, providing:

  • No further proceedings are desirable;
  • Such person may reasonably and safely be released;
  • Release is not precluded under the guidelines noted in section 5-03/115.20; and
  • The authorized treatment center has sufficient capacity to receive the person.

In any case in which a person is arrested and released pursuant to 849(b)(3) PC, the releasing Deputy shall issue a signed Certificate of Release (SH-AD-516) describing the action as a detention.