To the members of the:
CITY COUNCIL
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Carlsbad
Council Memorandum Memo ID# 2022108
October 5, 2022
To: Honorable Mayor Ha n Members of the City Council
From: Mickey Williams, Chief o o
Via: Scott Chadwick, City Ma a~.!..J!-
Re: (Districts -All)
This memorandum provides information related to a citizen email sent on September 30, 2022, to all Carlsbad City Council members, the City Attorney email inbox and District Attorney Summer Stephan, entitled "Not booking on warrants."
Background
On September 30, 2022, at 12:46 p.m., an email from Rowe Construction Company, Inc. [email protected] stated:
"Good Afternoon City Council:
I just spoke to one of our Carlsbad police officers and found out that the city/county is not 'booking on warrants.' Now I see not booking very minor infractions, but the more serious crimes need to be booked. One example the officer gave me was of a child molester that had a warrant and they couldn't book him because of the policy in place.
They had to let him go!
This is just one example. This under the table policy ties the hands of our officers especially when dealing with the homeless and trying to get them into housing and rehabs. This is not acceptable and has to change. Let's interpret the law as it is written please!
Best,
Tamara Rowe 760-419-4644"
Discussion
Lieutenant Darbie Ernst reached out to Tamara Rowe the same day she sent her email to Council on September 30, 2022, at 2:20 p.m., and provided the following response:
"Good Afternoon,
I was sent your email below to reach out to you and see if I can clarify the booking acceptance criteria set forth by the San Diego County Sheriffs Department. During the height of COVID, there were many restrictions limiting who we were able to book into county detention facilities. As time passed, restrictions were slowly lifted. Currently, all felony charges and many misdemeanor charges are bookable. There are some misdemeanor warrants that are non-bookable as they are minor offenses. Child Police Department Administration
2560 Orion Way I Carlsbad, CA 92010 I 442-339-2100 t
Council Memo -Police Booking Acceptance Criteria (Districts -All} October 5, 2022
molestation is a felony, and a bookable offense as would a warrant for the same charge. If you have the officer's name, I can investigate this further. Perhaps this was a convicted child molester with an unrelated non-bookable misdemeanor warrant. Without knowing all the circumstances, it is hard to follow up on this. I would also like to make sure the officer is aware ofthe current booking acceptance criteria. The City does not control who is bookable at the county detention facilities. I have attached the current booking acceptance criteria if you would like to read more. I hope this helps and I am available by phone (760-607-9728} or in person if you have any other questions. I am on until 4pm today and then back in the office Wednesday-Saturday next week.
Take care,
Darbie"
The following morning on October 1, 2022, at 9:37 a.m., the reporting party responded:
"Lt. Ernst, Thank you for responding to my email.
I know you think citing "booking acceptance criteria" will passify me and your officers, but it doesn't. And it doesn't solve the problems.
It just makes you look like you're ignoring or ignorant of the public and your officers concerns. My intention is not to insult you, I have genuine concern. I am not going to provide you with the name ofthe officer because I have had this same conversation with several other officers. They all feel as though they do things for no reason. Even though they do things according to their training and the law, someone higher up makes a decision that erases all their hard work. These under the table policies are destroying our law enforcement and their morale. Maybe you should sit down with your officers and listen to them. Listen to what the obstacles are. Address why they can't do their job. But however you handle this, remember a resident/citizen (me) is not the problem. I'm just the messenger. I wish you the best with providing our officers the tools they need to do their job. With great appreciation for our officers.
Tamara Rowe"
Carlsbad Police Officers book on all warrants that are accepted by the Sheriff's Department, and often times, when a Police Officer receives information that a warrant is non-bookable, they will request special permission from the jail Watch Commander to book the person. There are some misdemeanor warrants that are non-bookable, as they are minor offenses and there are circumstances where the person's warrant is out of state and non-extraditable. The protocol followed by all Police Officers is to book on all warrants accepted by the jail. The Police Department does not have an example as cited by Ms. Rowe, of a serious crime occurring where the suspect could have been booked into jail and was not.
Council Memo -Police Booking Acceptance Criteria (Districts -All) October 5, 2022
Next Steps
Carlsbad Police Officers will continue to follow the acceptance criteria provided by the Sheriff's Department on the booking of subjects into jail, which includes all felony charges and many misdemeanors.
Attachment: A. San Diego County Sheriff's Department Emergency Booking Acceptance Criteria cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Attachment A
SAN DIEGO COUNTY SHERIFF'S DEPARTMENT
EMERGENCY BOOKING ACCEPTANCE CRITERIA-Page 1 COVID-19 PRECAUTION Effective June 1, 2022
AUTHORIZATION· ASSISTANT SHERIFF THERESAADAMS-HYDAR
FELONY
1. Felony Field Charyes (New Arrests)
MISDEMEANOR
1. 23152(a)-(g) VC: Driving under the influence alcohol/drugs
2. 21200.5 VC: Ride Bike under the influence alcohol/drugs
3. 11550(a) HS: Under the Influence
4. 647 ID PC: Disorderly Conduct/Drunk In Public
5. 655(b) HN: Operate BoaWessel under the influence
6. Violent Misdemeanors
17500PC 26100 PC 25850(a) PC
25400(a)(1) PC 25400(a)(2) or (a)(3) PC
7. Watch Commander's Discretionary booking
8. Any misdemeanor arrest related to domestic violence
9. Additional Misdemeanors:
192( c)(2) PC
290 PC
647.6 (A) PC
1203.2 PC
243.4 PC
646.9 PC
368(c) PC
10. All Subsections of the following misdemeanors wi!I be accepted. 136.1 PC 288.4 PC 530.5 PC
166 PC 311.2 PC 25400 PC
272PC 311.3PC 25850PC
273.5 PC 314 PC 26100 PC
273.6 PC 417 PC 23153 VC
2800.1 vc
11. City Inmates:
• Arrested by San Diego Police Department (SDPD), San Diego Harbor Patrol (SDHP)
Misdemeanor charges not meeting the Booking Acceptance
Criteria will be processed as a Book and Release
OTHER
1. Bail Bond Surrenders: 24 hours a day
2. Grand Jury Indictments
3. California Military and Veterans Code Section 450: AWOL Sentencing
1. All Felony Warrants -Even though charge may be misdemeanor
2. All Domestic Violence Warrants
3. ALL elder, neglect or dependent adult abuse related charges
4. 192( c)(2) PC Warrants (Vehicular Manslaughter)
s. Commitment Warrants
6. Juvenile Court Warrants
We accept adults on juvenile court warrants if 25 years or over If under 25, we will accept for booking only if there is a court order to house in an adult facility
If under 25, we will accept for booking if additional arrests do not originate from juvenile court
7. City Inmates:
All San Diego County Misdemeanor Warrants will be accepted from SDPDISDHP and processed as a B&R
Misdemeanor Warrants where SDPD/SDHP was the originating agency will be accepted by any arresting agency and processed as a B&R
8. Misdemeanor warrants from the Fugitive Task Force (FTF)
9. Drug Court Warrants with bail amounts of $55,555, $27,777, No Bail
10. Prop 36 Warrants with bail amounts of $2,777 and $27,777
11. 1209 CCP Warrants: Civil Contempt of Court, including Out-of-County
12. 290 PC Warrants: Sex/Narcotic Registrant
13. HS 120280 Warrants -Public Health
14. Drug Enforcement Administration (DEA) and United States Marshal (USM) Federal warrants will ONLY be accepted DURJNG the close of Metropolitan Correctional Center (MCC} business hours. MCC Hours of operation:
Monday through Friday, 0800-1700 I Saturday through Sunday, 0800-1130 Must be Picked up by Agent the following business day
15. State Parole 3056 PC, 3151 WI and 5054.1 PC Warrants
16. California Youth Authority (CYA) warrants
17. All 1551.1 PC Fugitive Warrants
18. United States Military Deserter/AWOL felony warrants
19. "Out-of-County" warrants:
Felony: Acceptable
• 1209 CCP Warrants: Acceptable
• Misdemeanor (including DV): NOT Acceptable
NOTE: Only misdemeanor warrants that meet the booking acceptance criteria will be accepted, booked and I assiQned the soecified bail. EFF 06/01/2022
SAN DIEGO COUNTY SHERIFF'S DEPARTMENT
EMERGENCY BOOKING ACCEPTANCE CRITERIA -Page 2 COVID-19 PRECAUTION
1. 2.
3. 4.
5. 6.
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
AUTHORIZATION· ASSISTANT SHERIFF THERESA ADAMS-HYDAR
Human mrafficking -Acceptable Misdemeanor Charges • Eield!Arrest Code Section
647(b)(1) PC
647(b)(2) PC
647(b)(3) PC
647(m) PC
653.22 PC
653.23 PC
315 PC
316 PC
Code Section
11350(a) HS
11377(a) HS
487(d)(1),(2) PC <950.00
470(a) PC <950.00
470(d) PC <950.00
475(a) PC <950.00
475(b) PC <950.00
476 PC <950.00
484e(a) PC
484e(b) PC
484e(d) PC
459.5 PC
Charge Description
Solicit/Engage in Prostitution
Solicit/Engage in Prostitution {Provide Compensation for) Solicit/Engage in Prostitution (Provide Compensation to minor under 18) Soliciting Minor for Prostitution
Loitering for the purpose of engaging in prostitution
• 2nd Offense
• 3rd Offense
Supervising or otherwise aiding prostiMe
• 2nd Offense
• 3rd Offense
Keeping or residing in a house of ILL-Fame
Keeping a disorderly or assignation house
PROP '4't Non-Bookable Clfiarges
Charge Description
Possess Narcotic/Controlled Substance
Possess Controlled Substance
Grand Theft Firearm
Forgery
Forgery
Possess Fbrged Paper w/lntent to Defraud/Pass
Possess Incomplete Check/etc. w/lntent to Defraud/Complete Make Fictitious Check
Sell/etc. Access Card Fraud/etc.
Grand Theft Access Card 4+ Person
Acquire Access Card Account Information/Defraud
Misdemeanor Shoplift
Bail
$2,000.00
$2,000.00
$5,000.00
$10,000.00
$2,000.00
$5,000.00
$10,000.00
$5,000.00
$10,000.00
$15,000.00
$500.00
$2,000.00
Bail
$2,000.00
$2,000.00
$12,500.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$10,000.00
$10,000.00
$10,000.00
$2,000.00
NOTE: PROP 47 charges are to be processed as "Cite and Release" in the field and ONLY accepted with 1) Watch Commander approval, OR 2} Comes in with additional bookable field arrest charges, OR 3) An approved Request for Bail Increase PROR 64 Non-Bookable Charges
Code Section Charge Description Bail
1. 11360 (a) (2) HS Transport Marijuana 18 and Over $500.00
2. 11359 (b) HS Possession of Marijuana for Sale Over 18 $500.00
3. 11358 (c) HS Plant/Cultivate/Etc. More Than 6 Marijuana Plants Over 18 $500.00
4. 11357(b)(2) HS Possession of more than 28.5 Grams of Marijuana 18-21 Years Old $500.00
5. 11357 (c) HS Possession of less than 28.5 Grams of Marijuana During K~ 12 School $250.00 • 2nd Offense $500.00
6. 853.6 (i) PC Discretionary Booking $500.00
NOTE: PROP 64 charges are to be processed as "Cite and Release" in the field and ONLY accepted with 1) Watch Commander approval, OR 2) Comes in with additional bookable field arrest charges, OR 3) An approved Request for Bail Increase EFF 06/01/2022