17.5 Criminal Citations

Exactly as extracted, unformatted — for checking against the original. The readable version is easier to read.

Centreville Police Department
Title: Criminal Citations Directive #: 17.5
Issued: 10.1.2016 Revised: 10.1.2016
Approved by: Charles M. Rhodes, Jr.
Chief of Police
A. Purpose
To define the policies and procedures for the issuance of Criminal Citations.
B. Policy
An officer may issue a Uniform Criminal Citation, in lieu of a custodial arrest and presentation to a District Court
Commissioner, as defined by law.
C. Procedures
1. Criteria for Issuance of a Criminal Citation
a. Effective January 1, 2013, statute mandates the issuance of a Uniform Criminal Citation (DC/CR
45) for qualifying offenses.
b. The defendant must meet the following criteria in order to be released on the issuance of a DC/CR 45
without presentation before a District Court Commissioner:
(1) The officer is satisfied with the defendant's evidence of identity.
(2) The officer reasonably believes the defendant will comply with the citation.
(3) The officer reasonably believes the failure to charge on a statement of charges will not pose a
threat to public safety.
(4) The defendant is not subject to arrest for another criminal charge arising out of the same incident
WHICH DOES NOT QUALIFY FOR THE ISSUANCE OF A DC/CR 45.
Page 1 of 5

(5) The defendant is not being presented to the District Court Commissioner due to must appear
traffic charges.
(6) The defendant complies with all lawful orders by the officer, including signing the citation.
c. If the defendant cannot meet all of the criteria listed above, the officer will charge the defendant on a
Statement of Charges (DC/CR 2) and ensure the defendant's appearance before a District Court
Commissioner.
2. Exclusionary Criteria
a. An officer WILL NOT CHARGE a defendant on a Criminal Citation (DC/CR 45) if the defendant is being
charged with:
(1) failure to comply with a peace order (CTS. & JUD. PROC. § 3-1508);
(2) failure to comply with a protective order (FAM. LAW § 4-509);
(3) a violation of a condition of pretrial or post-trial release while charged with a sexual crime against
a minor (CRIM. PROC. § 5-213.1);
(4) possession of an electronic control device after conviction of a drug felony or crime of violence
(CRIM. LAW § 4-109(b));
(5) violation of an out-of-state domestic violence order (FAM. LAW § 4-508.1); or
(6) abuse or neglect of an animal (CRIM. LAW § 10-604).
b. If a crime listed in Qualifying Offenses with CJIS Codes has a line through it, the defendant MUST
appear before the District Court Commissioner and a criminal citation may not be used.
3. Qualifying Offenses:
a. Based on the criteria in subsections 1 and 2, above, an officer WILL CHARGE a defendant on a criminal
citation (DC/CR 45) if the defendant is being charged with:
(1) any misdemeanor or local ordinance violation that does not carry a penalty of
imprisonment;
(2) any misdemeanor or local ordinance violation for which the maximum penalty of imprisonment
is 90 days or less; or
b. See Appendix A for a list of the top 20 qualifying offenses that require charge by DC/CR 45.
Page 2 of 5

c. Refer to Qualifying Offenses with CJIS Codes for a comprehensive list of qualifying offenses that
require charge by DC/CR 45.
4. Responsibilities
a. Officers:
(1) who have grounds to make a warrantless arrest for an offense that does not carry a penalty of
imprisonment and the defendant meets the criteria for issuance of a Criminal Citation MAY issue a
criminal citation (DC/CR 45) at the scene and release the defendant in lieu of a custodial arrest;
(2) who have grounds to make a warrantless arrest for an offense for which the maximum penalty is
imprisonment of 90 days or less, WILL make a custodial arrest, transport the defendant to the
CPD, process the defendant (e.g., fingerprint, photograph) only at the office and, if the
defendant meets the criteria for issuance of a Criminal Citation, above, issue a criminal citation
(DC/CR 45);
(3) will release any defendant who was taken into custody from the office after processing once the
defendant signs the criminal citation (DC/CR 45);
(4) will give the defendant a copy of the criminal citation (DC/CR 45); and
(5) will ensure the defendant does not receive any witness or victim information.
5. Forms and Reports
a. Uniform Criminal Citation (DC/CR 45)
(1) Officers will use the DC/CR 45 form to charge a defendant by citation using either:
(a) the pre-printed/pre-numbered DC/CR 45 from the citation book provided by the District Court;
or
(b) the Court-approved PDF version of the DC/CR 45 where a tracking number is not automatically
captured. The arresting officer will use the tracking number from a pre-printed DC/CR 45 and
type that number onto the PDF version. The pre-printed/pre-numbered DC/CR 45 will have a
diagonal line drawn across it and will be stapled to the Court copy of the PDF version.
(2) When a DC/CR 45 is used, the names and addresses of the victims and witnesses will be listed on
page #1 (Court copy).
Page 3 of 5

b. Statement of Probable Cause Continuation Sheet (DC/CR 4)
(1) If an officer cannot fit the required statement for the state’s attorney on page # 2 (State’s
Attorney’s copy) of the DC/CR 45, the officer will use a Statement of Probable Cause Continuation
Sheet (DC/CR 4) to complete the narrative, outlining the facts and circumstances substantiating
the charge.
(2) The DC/CR 45 tracking number will be written in the case number block on the DC/CR 4.
c. Statement of Charges (DC/CR 2)
(1) A Statement of Charges (DC/CR 2) will be used if the defendant does not meet the criteria for
issuance of a Criminal Citation, above.
(2) If the offense can be charged on a DC/CR 45, but the officer determines the defendant should be
presented before a District Court Commissioner, the officer must detail at the bottom of the
statement of probable cause which criteria the defendant failed to meet.
d. Officers will complete the following CPD reports:
(1) Incident Report (IR); and
(2) the booking module of the CPD RMS, even if the defendant is released from the scene.
6. Report Distribution
a. If using the pre-printed/pre-numbered DC/CR 45 provided by the District Court:
(1) Page 1 will be forwarded to the Court.
(2) Page 2, the DC/CR 4 (if applicable), and the CIR or IR will be forwarded to the State’s Attorney’s
Office
(3) Page 3 will be given to the defendant upon release.
(4) Page 4 and copies of pages 1, 2, and 3 of the DC/CR 45, the DC/CR 4 (if applicable) and the IR will
be retained locally.
b. If using the electronic PDF version of the DC/CR 45:
(1) A signed copy of the DC/CR 45 page #1 will be forwarded to the Court
(2) A signed copy of the DC/CR 45 page # 2, the DC/CR 4 (if applicable) and CIR or IR will be forwarded
to the State’s Attorney’s Office
Page 4 of 5

(3) A signed copy of the DC/CR 45 page # 3 will be given to the defendant upon release.
(4) A signed copy of the DC/CR 45 page # 4, copies of pages 1, 2, and 3 of the DC/CR 45, the DC/CR 4
(if applicable) and CIR or IR will be retained locally.
7. Data Collection & Responsibilities
a. Beginning January 1, 2013, law enforcement agencies are required by statute to collect the race or
ethnicity of the offender whenever a DC/CR 45 is issued as:
(1) Asian;
(2) Black;
(3) Hispanic;
(4) White; or
(5) Other.
b. Criminal Citation data collection has been incorporated into Delta+ and will be entered as follows:
(1) Access the Reporting screen.
(2) Select the tab for Criminal Citation Data Reporting.
(3) Enter the required data.
(4) Click submit.
c. Officers will enter the required data for every DC/CR 45 issued by the end of their next scheduled shift.
d. The officer’s immediate supervisor will ensure:
(1) a DC/CR 45 is issued as required by law;
(2) the required data from the DC/CR 45 is promptly and accurately entered into Delta+;
(3) compliance or non-compliance related to these procedures is documented on the trooper’s
monthly job observation report; and
(4) corrective action is taken if necessary.
Page 5 of 5