Police Agency Procedures for Furnishing Descriptions of Persons and Their Charges to MCRR and Prosecuting or Circuit Attorneys

PURPOSE: This rule establishes a system for each police agency to follow when furnishing a description of a person and his/her charges to Missouri Criminal Records Repository and to prosecuting or circuit attorneys. (1) A police agency shall be responsible for completing a fingerprint card/form set supplied by Missouri Criminal Records Repository (MCRR) on reportable offenses as instructed in the following sections. The form set consists of a card having blocks to be filled in on both sides, and two (2) carbon copies having blocks to be filled in only on their front side. Normally the parts of the form set will not be separated until the front side has been filled in, including a complete set of fingerprints. In any event the officer or clerk making the entries on the front of the card shall verify that the same information is readable on the carbon copies. Listed as follows are procedures for police agencies to follow when taking a person into custody: (A) Two (2) or more agencies/same offense—If peace officers from two (2) or more police agencies arrest a person for the same offense(s), the agency that will forward the information to the prosecutor or make application for warrant shall be responsible for completing the fingerprint card/form set and forward the appropriate forms to the prosecuting or circuit attorney; (B) Single agency/prosecution—When an arresting officer releases a person s/he has arrested to a receiving officer who routinely reports to the same prosecuting or circuit attorney, the arresting officer should complete the fingerprint card/form set and forward the forms to the prosecuting or circuit attorney; (C) Agency turned subject over to different jurisdiction—A police agency arresting a person, with or without a warrant, and releasing the person to a police agency in a different prosecutory jurisdiction for prosecution shall be responsible for completing the fingerprint card/form set and indicating in the final disposition block #19 as turned over to (TOT) or posted bond, name and address of police and Privacy/Security Information agency, date and warrant number if available. The forms should be destroyed; (D) Agency receiving subject from different jurisdiction—A police agency taking custody of a person arrested by an officer who routinely reports to a different prosecuting or circuit attorney shall also be responsible for completing a fingerprint card/form set and forwarding the disposition forms to the prosecuting or circuit attorney; (E) Municipality/multiple counties—When peace officers arrest a person in reference to one (1) of their cases, regardless of the county of prosecution, they are responsible for completing the fingerprint card/form set and forwarding the forms to the prosecuting or circuit attorney. The agency who takes custody of the offender will not refingerprint the person. Example: Kansas City Police Department arrests a person in Jackson County in reference to a Kansas City case in Clay County. Kansas City Police Department would be responsible for completing the fingerprint card/form set and then submitting the disposition form set to the prosecuting attorney of Clay County. When Clay County authorities take the offender into custody, no additional fingerprints should be taken; (F) Probation violation subject printed on original charge—When a peace officer arrests an individual for a probation violation and the person has been fingerprinted on the original charge, no additional fingerprints will be required. The court has agreed to include the offense cycle number (OCN) on the warrant. If it is unknown whether the person has been fingerprinted or if additional charges are listed in conjunction with the probation violation, the fingerprint card/form set is required and forms should be forwarded to the prosecuting or circuit attorney; and (G) Arrest without warrant—If a peace officer makes an arrest in his/her jurisdiction without a warrant, s/he will fingerprint the individual and submit the forms to the prosecuting or circuit attorney for his/her action. If a warrant is issued for the person, the OCN number will be listed on the warrant. If the person is released pending issuance of the warrant, s/he need not be figerprinted when the arrest warrant is served unless additional charges are included. (2) A police agency shall be ordered by the court to fingerprint and be responsible for completing a fingerprint card/form set on persons for which the court has pronounced sentence, if it determines that the person has not been previously fingerprinted for the same case. The police agency shall forward the fingerprint card to MCRR. (3) The form set should be forwarded to the appropriate personnel by the arresting officer under the following conditions: (A) A peace officer reports a reportable offense to a prosecuting or circuit attorney; and (B) When peace officers arrest a person in reference to one (1) of their cases, regardless of the county of prosecution, the arresting officer should complete the fingerprint card/form set and submit the form set to the prosecuting or circuit attorney. (4) The form set shall be destroyed under the following conditions: (A) Arrested subject released, information not referred to prosecuting or circuit attorney; or (B) If the person arrested is turned over to a peace officer or posted bond for prosecution in a different jurisdiction, with the exception of subsection (3)(B). (5) Both sides of the fingerprint card are illustrated in Figures #1 which represents the front side and #2 which represents the back side. (A) The card should be completed by using a typewriter. The completed fingerprint card less the disposition forms shall be forwarded to MCRR without undue delay. (B) Instructions for completing the card are as follows: 1. State assigned identification number (SID), enter number if available in your file; 2. Complete name of subject arrested; 3. Give OCN. Preprinted eight (8)-digit number; 4. Use your agency’s OCN if assigned; 5. List any known aliases the subject uses; 6. State arresting agency identifier (ORI), MO____________, name and address of arresting agency; 7. Leave blank (for state usage only); 8. Provide signature of person fingerprinted. Should be signed in ink; 9. Enter date of birth of subject arrested. If subject is a juvenile, court certification that subject is to be tried as an adult must be attached; 10. Give date subject was fingerprinted and the signature of official taking the fingerprints. Signature should be in ink; 11. State sex, race*, height, weight, hair and eye color of subject arrested * W White (includes Mexicans and Latins) B Black I (American Indian or Alaskan Native) A (Asian or Pacific Islander) U Unknown; 12. Give place of birth of subject arrested, state, territorial possessions, province or country of birth; 13. Date subject arrested or received; 14. Use your local agency case number; 15. Enter brief description of all charges and National Crime Information Center (NCIC) offense code, also the offense penal range (see Missouri Charge Code Manual). If the arrest is for parole or probation violations, include original charge information. Enter any additional charges in space #32; 16. Give FBI number of subject arrested if available in your file; 17. Leave blank (for state usage, fingerprint classification); 18. Same as #1. Enter SID number if available in your file; 19. Enter one (1) of the following final dispositions if appropriate. Include warrant number if available: A. TOT, name of police agency, date of disposition (use only when it is a different prosecutory jurisdiction); B. Posted bond, name of agency who wanted the individual, date (use only when it is a different prosecutory jurisdiction); or C. Released, information not referred to prosecuting attorney or circuit attorney; 20. State Social Security number of the person arrested; 21. Fingerprint blocks, a complete set of ten (10) prints shall be obtained; 22. Use to indicate if palm prints and/or photograph are available; 23. Provide arresting agency name and ORI. If your agency is the contributor of the fingerprint card and your ORI is entered in block #6, leave blank; 24. Give county of arrest and arresting officer’s badge number; 25. Enter the Missouri statute(s) violated and corresponding Missouri offense code for all charges listed in block #15 (see Missouri Charge Code Manual); 26. Name subject’s employer if available; 27. Give occupation of subject arrested; 28. Provide residence of subject arrested; 29. Include all scars, marks, tattoos and amputations of person arrested; 30. Enter basis for caution; 31. Give date of offense if different than date of arrest; 32. Additional charges information should be included in this space. If charges are indicated, attach a list of these charges to the form set that is to be forwarded to the prosecuting or circuit attorney; and 33. Enter the name and complete address of agencies desiring a copy of the subject’s criminal history record. AUTHORITY: sections 43.503 and 43.506, RSMo 1986.* Original rule filed Aug. 4, 1987, effective Oct. 25, 1987. Amended: Filed July 15, 1991, effective Nov. 30, 1991. *Original authority: 43.503, RSMo 1986, amended 1990 and 43.506, RSMo 1986, amended 1989, 1991.