"We have been in close communication with the league and a preliminary status decision has been made regarding Ahmad Brooks," the team said in a statement. "Ahmad will remain on the active roster. In addition to the steps the organization has taken to this point, both the judicial and the league process under the Personal Conduct Policy will continue. Those processes will dictate any further action."
Brooks was sent home from San Francisco's joint practices with the Denver Broncos in Colorado last week after his charge was announced by the Santa Clara County District Attorney's Office. He has not practiced with the team since, although that could change this week as the 49ers prepare for their season opener against the Minnesota Vikings Sept. 14.
Brooks was not placed on commissioner's exempt list, which would have opened up a spot on the team's 53-man roster, because the NFL decided against it. Last season, then-Panthers defensive lineman Greg Hardy and Vikings running back Adrian Peterson were placed on the commissioner's exempt list while dealing with their legal issues. They were paid while being forced to stay away from the field.
The league released a statement: "Based upon our investigation to date, we determined that placing Ahmad Brooks on the Commissioner's Exempt List was not warranted. Our review will continue during the legal proceedings and we will examine all available information from the court under the Personal Conduct Policy."
Head coach Jim Tomsula said he expects Brooks to play in the season opener. "He’s on the active roster and he’s playing football," Tomsula said.
Brooks will return to the team for their first meetings of the week Monday as they prepare for Minnesota.
Fullback Bruce Miller, who pleaded "non contest" to a misdemeanor charge for disturbing the peace in the spring, is also on the 53-man roster. The NFL's investigation into his arrest remains ongoing and he could face a suspension.
Follow Chris Biderman on Twitter.
E-mail Niners Digest: NinersDigest@gmail.com