—Direction by Judicial Authority

for Use of Summons (a) Instead of issuing an arrest warrant, even where probable cause has been found, the judicial authority may direct that a summons and com- plaint be issued to an accused person pursuant to Sections 36-7 through 36-10, unless the judicial authority determines that it is necessary to take the accused into custody for any of the follow- ing reasons: (1) The criminal offense involved is a felony; (2) There are facts indicating a substantial likeli- hood that such person will not appear in court at the specified time and place unless taken into custody; (3) Such person is likely to cause injury to him- self or herself or to others, or is likely to cause serious damage to property; (4) The offense is likely to continue if such per- son is not taken into custody; (5) Custody is necessary for the protection of such person or to provide that person with needed medical or other aid; (6) The person fails satisfactorily to identify him- self or herself; or (7) The person has previously failed to appear in court when required to do so. (b) The failure to comply with this section shall not be a ground for dismissal of an information, but shall entitle the accused to be released upon a written promise to appear where none of the foregoing reasons shall be found to exist. (P.B. 1978-1997, Sec. 595.)