In accordance with 851.6 PC, Certificates of Release (SH-AD-516) shall be issued to all persons arrested and released pursuant to 849(b)(1) PC or 849(b)(3) PC. When an inmate's release is based on a prosecutor's rejection of a complaint pursuant to 849.5 PC, or if no accusatory pleading has been filed, a Certificate of Release shall be issued, describing the action as a detention. No Certificate of Release will be issued when a portion of the charges are dropped in an arrest involving multiple charges or for a release pursuant to 849(b)(2) PC.
The investigating deputy or Court Services deputy shall be responsible for issuance of the Certificate of Release when:
If the inmate is no longer in custody, the original copy shall be mailed to the inmate's address. All "unable to deliver, return to sender" certificates shall be retained by the issuing unit for a period of one year from the date of return.
A duplicate copy of the SH-AD-516 shall be filed in the booking packet. If the inmate is transferred to IRC/CRDF or another location prior to arraignment, the deputy or booking clerk who physically releases the inmate shall:
This procedure shall apply to all inmates arrested by this Department and, thereafter, the arrest shall be deemed a detention only. If a subject was arrested for a warrant and he/she was later determined not to be the person named on the warrant, the person issuing the Certificate of Release form shall complete the "Wrong Warrant Advisement" section of the form. Any warrant(s) that were thought to belong to the subject but in fact did not shall be indicated by placing the warrant number in this section.
The person issuing the form shall draw a line through the portion of the heading that reads "Clearance Letter."
When a release JDIC message is sent, it shall indicate if the release is based on 849(b)(1) PC or 849(b)(3) PC and request the Certificate of Release be issued, in addition to any other required release information.
When an inmate who was arrested by another agency is released from this Department's custody pursuant to 849(b)(1) PC or 849(b)(3) PC, a Certificate of Release shall be issued, signed by the releasing officer or his/her supervisor describing the action as a detention. If the inmate's release is based on a prosecutor's rejection of a complaint pursuant to 849.5 PC, or where no accusatory pleading has been filed, the law enforcement agency which arrested him/her is responsible for issuing and signing the Certificate of Release.
An imperative release is necessary when a detention continues beyond the close of court business on the second court day following the arrest and no court appearance has been made or no other valid detention has been established.
Note: the McLaughlin Decision (County of Riverside v. McLaughlin, 500 U.S. 44 1991) requires judicial probable cause determination within 48 hours for warrantless inmate's detained pending release or arraignment. The 48 hour period does not exclude weekends or holidays. Arraignment itself does not provide judicial determination, which is deemed to be a separate legal activity.
Custodial jailers (e.g., station jailers for station inmates and WAD; IRC for Custody Operations inmates) will continue to be responsible for releasing all inmates not having judicial probable cause determination within 48 hours. Notwithstanding the PCD, if an inmate is not arraigned prior to 1600 hours the second day after his arrest, excluding weekends and holidays, he/she is also imperative (Youngblood v. Gates, 200 Cal.App.3d 1302, 246 1988).
If the investigator learns the inmate will not be arraigned, (e.g., DA reject, cleared, insufficient evidence, etc.), the investigator shall advise the custodial jailer at once so that the release may be expedited.
The unit or detail watch commander of the assigned case shall determine the cause for the delay and take necessary action. The assigned officer shall be responsible for:
Note: If this procedure is not acceptable to the arraigning court and the inmate's non-appearance is questioned, a SH-CR-409, "Declaration of Physician," shall be completed and delivered to the court.
Stations shall make a "record and want" search inquiry via JDIC prior to proceeding with bail or bond releases. The station jailer shall review the JDIC message want response and contact the assigned unit to determine if there are additional holds or charges.
An inmate can be released only when bail or bond has been posted for all charges or for any reason found listed in the Release Codes in the AJIS Manual. An inmate can only be released via a JDIC entry from the station where he/she was booked.
When actual release procedures have begun, the station jailer shall:
If the jailer is not positive as to the identity of the inmate they are releasing, they shall advise the watch sergeant and the watch commander who shall review the documents. The watch commander shall make a final determination whether or not the inmate should be released.
Upon receipt of a JDIC message from bail deviation, pretrial services, authorizing the release of the inmate on his own recognizance; the jailer shall: