Arrest Processing - Fingerprinting - Responsibility for and Timing of Fingerprinting in Certain Arrest Circumstances

Summary Arrest
Appearance Ticket
Criminal Summons
Sealed Indictment
Prosecutors Information Filed Proir to Arrest or Indictment resulting from Direct Presentation to a Grand Jury
Special Circumstances Due to an Arrestee's Physical Condition
Refusal to be Printed
Completing Delayed or Partial Fingerprinting and Responding to a DCJS Request for Reprinting
Arrests Involving Multiple Local, State or Federal Arresting Agencies
Arrests Involving Multiple Incidents or Jurisdictions
Arrests Involving Execution of Warrants

1. Summary Arrest _top

Authority: Criminal Procedure Law Section 160.10.

a. Arresting agencies should fingerprint individuals following an arrest as required under Criminal Procedure Law Sections 160.10.

2. Appearance Ticket _top

Authority: Criminal Procedure Law Sections 150 and 160.10.

a. Arresting agencies should take individuals being issued appearance tickets for fingerprintable offenses into custody at the station, fingerprint those individuals and submit those Arrest Fingerprints to DCJS for processing.

b. Portable fingerprint equipment should be used to complete fingerprinting at the time the ticket is issued if taking the individual into station custody for fingerprinting is not feasible.

c. If fingerprinting an individual issued an appearance ticket prior to being released is not feasible:

• Notify the arraigning judge and court staff that fingerprinting did not occur.

• Manual or automated tracking systems should be utilized to ensure that fingerprinting occurs prior to the next court appearance.

• If subsequent to the issuance of an Appearance Ticket, the individual is arrested for another unrelated crime, two sets of Arrest Fingerprints should be submitted, one for the Appearance Ticket and the second for the unrelated crime.

3. Criminal Summons _top

Authority: Criminal Procedure Law Sections 130, 160.10 and 390.10.

a. Arresting agencies should utilize a manual or automated tracking system for individuals issued criminal summons and not fingerprinted at time of issuance of the summons to ensure that fingerprinting is completed as required by law.

4. Sealed Indictment _top

Authority: Criminal Procedure Law Sections 210.10(3) and 160.10.

a. If the prosecuting agency serves as the only investigating agency for a sealed indictment:

• That office should assume responsibility for ensuring that fingerprinting is completed and the prints are submitted to DCJS.

• In this instance, the prosecuting agency should be listed as the arresting agency.

b. If a defendant surrenders to the court on a sealed indictment:

• The prosecuting agency should notify the investigating agency to execute the arrest warrant and make arrangements for fingerprinting of the defendant.

• If the investigating agency is unable to do the fingerprinting, the prosecuting agency should assume responsibility for ensuring that the fingerprinting process is completed.

• The prosecuting agency should also notify the court of the need to fingerprint the defendant.

c. If a defendant is already incarcerated when a sealed indictment is handed down:

• The prosecuting agency should notify the investigating agency to execute the arrest warrant and to fingerprint the defendant on the charges in the sealed indictment.

• If the investigating agency is unable to do the fingerprinting, the prosecuting agency should assume responsibility for ensuring that the fingerprinting process is completed.

• The prosecuting agency should also notify the court of the need to fingerprint the defendant.

5. Prosecutor's Information Filed Prior to Arrest
  or
  Indictment resulting from Direct Presentation to a Grand Jury _top

Authority: Criminal Procedure Law Sections 210.10(3) and 160.10.

a. If a defendant surrenders to the court without being arrested, based upon the filing of a prosecutor's information or based upon an indictment resulting from a direct presentation, the prosecuting agency should make arrangements for fingerprinting of the defendant:

• If an arrest warrant had been issued, the prosecuting agency should notify the investigating agency to execute the warrant and fingerprint the defendant.

• If no arrest warrant had been issued, the prosecuting agency should assume responsibility for ensuring that the fingerprinting process is completed.

• The prosecuting agency should also notify the court of the need to fingerprint the defendant.


6. Special Circumstances Due to an Arrestee's Physical Condition (Ill, Injured, Intoxicated, Combative) _top

a. An arresting agency should use universal precautions (i.e., the use of gloves) when fingerprinting an ill, injured or intoxicated arrestee.

b. If at all possible, an arresting agency should fingerprint an incapacitated arrestee at the time of arrest, even if only a partial set can be taken. See Completing Delayed or Partial Fingerprinting below.

c. If an arrestee is hospitalized, the arresting agency should consider the use of portable fingerprinting equipment in order to obtain a timely set of fingerprint impressions.

d. If the arrestee is combative, an officer, other than the arresting officer, might be a neutral figure and more successful in completing fingerprinting.

e. If the individual is too intoxicated to be fingerprinted upon arrest and the department has access to a holding facility, the individual should be held until sober enough so that fingerprinting can be carried out.

f. If fingerprinting is not possible at the time of arrest, the department should have a policy in place to be used in determining whether the fingerprinting of an individual may be delayed. Generally, that policy should include an on-duty supervisor's review of an officer's decision to delay fingerprinting. See Completing Delayed or Partial Fingerprinting below.

g. If some fingers are bandaged or missing, a partial set should be taken and the reason for omission should be noted in the fingerprint submission. See Completing Delayed or Partial Fingerprinting below.

7. Refusal to be Printed _top

a. If an individual refuses to be fingerprinted, the arresting agency can obtain a court order directing that the defendant submit to fingerprinting.

b. It is appropriate for the police to hold the defendant pending the receipt of a court order to compel the defendant to submit to fingerprinting, as ruled in People v Baptista (128 Miscellaneous 2d 1054).

c. At arraignment, the judge and court staff should be informed of the individual's refusal to be printed. The officer should request that the judge direct that the individual go to the arresting agency for fingerprinting prior to the next appearance in court and return with evidence that fingerprinting has occurred.

d. The arresting agency should employ a manual or automated tracking system to ensure that all individuals are fingerprinted as required by law.

8. Completing Delayed
  or
  Partial Fingerprinting and Responding to a DCJS Request for Reprinting _top

a. If an arrestee is not fingerprinted or is temporarily partially fingerprinted:

• The department should employ a manual or automated tracking system to ensure that the individual is subsequently fingerprinted.

• The arraigning judge and court staff should be informed that fingerprinting has not been completed.

b. If subsequent arrest fingerprints are forwarded to DCJS by an arresting agency for the purpose of updating images of previously bandaged or injured fingers or partially submitted fingerprints to the criminal history database or in response to a DCJS request for reprinting the individual, the agency should follow the procedures below:

• A letter or cover memo should accompany the second Fingerprint Card submission to explain the special situation. The envelope in which the letter and fingerprints are enclosed should be marked "Corrective Action."

For Manual / Hard Copy Original Fingerprint Submissions:

The agency should remove the new Criminal Justice Tracking Number (CJTN) on the Fingerprint Card used to submit the full second set of prints and replace it with the Criminal Justice Tracking Number (CJTN) from the previously submitted Fingerprint Card.

NOTE: The old Criminal Justice Tracking Number (CJTN) should have been retained through the arrest records. If not, it should be available on a Name Search rapsheet obtained through NYSPIN or directly from DCJS.

The stub from the Fingerprint Card or Criminal Justice Tracking Number (CJTN) for the second set of prints should not be forwarded to the court and should be destroyed.

For Electronically Submitted Original Fingerprints:

Fingerprints originally submitted electronically should be resubmitted on a New York State Arrest Fingerprint Card (DCJS2 / DCJS-2JD). The Criminal Justice Tracking Number (CJTN) assigned to the original set of fingerprints should be noted on the card.

9. Arrests Involving Multiple Local, State or Federal Arresting Agencies _top

a. Only the agencies filing an accusatory instrument are responsible for submitting Arrest Fingerprints to DCJS. Only the offenses filed by that agency should be reported with the fingerprints. If an agency assisting in an arrest is not filing an accusatory instrument, no arrest fingerprints should be submitted to DCJS by that agency.

b. If only federal charges are being filed against an individual, Arrest Fingerprints should not be submitted to DCJS. In this case, the federal agency will be responsible for submitting fingerprints directly to the FBI.

c. If there is a combination of state and federal charges, Arrest Fingerprints should be submitted to DCJS listing only the state charges. The federal agency will be responsible for submitting fingerprints to the FBI for the federal charges.

10. Arrests Involving Multiple Incidents or Jurisdictions _top

a. An arresting agency should include all related incidents occurring within the same court of preliminary jurisdiction, for a single arrest, with one set of fingerprints. Related incidents are those incidents occurring during a series of crimes (a crime spree).

b. Arrests involving multiple unrelated incidents require a set of fingerprints be submitted separately for each incident.

NOTE: A string of incidents involved in a series of crimes (a crime spree), or a series of crime sprees committed over a period, may be reported with a single set of fingerprints; but an incident occurring prior to the spree should be reported with another set of fingerprints even if the arrest for the first incident occurred at the time of the arrest for the crime spree.

c. An arresting agency should submit separate sets of fingerprints with the appropriate charges for each court of preliminary jurisdiction covered by an arrest.

11. Arrests Involving Execution of Warrants _top

a. The wanting agency should submit a New York State Arrest Fingerprint Card
(DCJS-2 or DCJS-2JD) or an electronic arrest transaction containing a set of fingerprints to DCJS if the person has not previously been fingerprinted for the arrest.

b. An agency, other than the wanting agency, taking the person into custody on a warrant may submit a New York State Inquiry Fingerprint Card (DCJS-6) or an electronic inquiry request containing fingerprints to DCJS in order to establish the identity and receive a criminal history for the individual. A set of fingerprints submitted as an Inquiry will not be updated to the CCH database.

c. The agency taking a person into custody should not submit a set of Arrest Fingerprints to DCJS for individuals who are taken into custody based upon another agency's warrant unless new fingerprintable charges are also lodged against the individual by the agency taking the individual into custody.

If new charges are lodged, a New York State Arrest Fingerprint Card (DCJS-2 or DCJS-2JD) or a set of electronic Arrest Fingerprint images should be submitted with only the new charge information included. No charge information pertaining to the original arrest from which the warrant was issued should be included with the new set of fingerprints.

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