Court Clerk Procedures for Furnishing CHRI to MCRR and to Department of Corrections

PURPOSE: This rule establishes a system for each court clerk to follow when furnishing criminal history record information to Missouri Criminal Records Repository and to the Department of Corrections. (1) The court clerk shall furnish Missouri Criminal Records Repository (MCRR) with the final disposition of each case relating to a reportable offense filed by a prosecuting or circuit attorney to include when that offense is reduced. When a case has a charge(s) still pending after the disposition forms have been forwarded to MCRR, MCRR will forward disposition forms to the court of jurisdiction for the reporting of dispositions on the remaining pending charge(s). The court clerk shall report in one (1) of the following ways: (A) By submitting the necessary case disposition and supplemental court action data to the Statewide Judicial Information System (SWJIS); or (B) By submitting the necessary case disposition data by electronic medium which has been approved by the Criminal Records Committee. (2) When a change of venue is granted, the court clerk where the case was originally filed shall forward the state offense cycle number (OCN) received from the prosecuting or circuit attorney together with all other original papers to the court to which the case was transferred. The court clerk where the case was originally filed shall report the change of venue to SWJIS identifying the court to which the case was transferred. (3) When the court pronounces sentence, including an order of supervision or an order of probation granted for any offense which is required by statute to be collected by MCRR and it is determined that the person(s) appearing before the court previously has not been fingerprinted for the same case, upon request of the prosecuting or circuit attorney, the court shall order a law enforcement agency to fingerprint immediately all sentenced person(s). The police agency shall submit these fingerprints to MCRR without undue delay and provide the OCN to the court of jurisdiction. (4) When the court receives a complaint or information which contains an OCN from the prosecuting or circuit attorney, the OCN shall be listed on the warrant when it is issued. (5) If a warrant is issued by the court for a probation violation on a reportable offense, the court clerk shall list the OCN from the original charges on the warrant. and Privacy/Security Information (6) The court clerk shall report the original charge, including the OCN, if the probation is revoked. (7) The court clerk shall also furnish the Department of Corrections information on all defendants convicted and sentenced to their department for custody supervision. The report shall include, but is not limited to, the name of the convicted person, state OCN, if known, charge, Missouri statute number, if known, court case number, date of sentence and length of sentence on all counts. 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 Dec. 9, 1991. *Original authority: 43.503, RSMo 1986, amended 1990 and 43. 506, 1986, amended 1989, 1991.