“Stationhouse” Release Formalized and Permitted

(a)Notwithstanding § 45.10, any peace officer may instead of taking any person arrested without a warrant before a judge, release him from custody: COL 6/21/2023 CH. 20 ARREST

(1)When the officer is satisfied that there are insufficient grounds for requesting a criminal complaint against the person arrested.

(2)When the person was arrested for intoxication only, and no further proceedings are desirable.

(3)When the person was arrested only for being under the influence of a narcotic drug, or restricted dangerous drug and such person is delivered to a facility or hospital for treatment and no further proceedings are desirable.

(4)Pursuant to Chapter 25 (commencing with § 25.10).

(b)Any record of arrest of a person released pursuant to Paragraphs

(1)and

(2)of Subsection

(a)shall include a record of release. Thereafter, such arrest shall not be deemed an arrest, but a detention only.