Judicial Processing - Identifting Individuals Requiring Fingerprinting - Responsibility for and Timing of Fingerprinting in Certain Arrest Circumstances

Summary Arrest
Appearance Ticket
Criminal Summons
Sealed Indictment
Prosecutor's Information Filed Prior to Arrest or Indictment Resulting From Direct Presentation to a Grand Jury
Arrest Involving Multiple Local, State or Federal Arresting Agencies
Determining Number of Arrest Fingerprint Sets Required
Arrests Involving Execution of Warrants

1. Summary Arrest _top

Authority: Criminal Procedure Law 160.10.

a. Arresting agencies should fingerprint individuals upon arrest as required under Criminal Procedure Law 160.10.

b. Courts should monitor cases to ensure individuals have been fingerprinted prior to or upon arraignment unless statutes allow for a delay or there are exceptional circumstances, in which case fingerprinting should take place as early in the process as possible and prior to case closure.

2. Appearance Ticket _top

Authority: Criminal Procedure Law Section 150.

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

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

• The arresting agency should notify the arraigning judge and court staff that fingerprinting did not occur.

• The court should utilize a manual or automated tracking system to ensure fingerprinting occurs.

3. Criminal Summons _top

Authority: Criminal Procedure Law Section 130.

a. A court should defer sentencing of individuals convicted of fingerprintable charges based upon issuance of a criminal summons until the court receives evidence that the individual has been fingerprinted on the charges.

b. A court should comply with Criminal Procedure Law 390.10 which requires that a court may not pronounce sentence on fingerprintable conviction charges without a DCJS fingerprint-based DCJS Criminal History Report (rapsheet) or a police department report with respect to the defendant's prior arrest record.

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.

• The prosecuting agency should assume responsibility for assuring that fingerprinting is carried out and 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.

• The prosecuting agency should assume responsibility for assuring that the fingerprinting process is completed if the investigating agency is unable to do the fingerprinting.

• 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.

• The prosecuting agency should assume responsibility for assuring that the fingerprinting process is completed if the investigating agency is unable to conduct the fingerprinting.

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

d. In all of these situations, the court should ensure that fingerprinting occurs.

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 assuring that the fingerprinting process is completed

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

b. The court should ensure that fingerprinting occurs.

6. Arrest Involving Multiple Local, State or Federal Arresting Agencies _top

a. Only the agencies filing an accusatory instrument are responsible for submitting the 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 federal fingerprints 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 charge. The federal agency will be responsible for submitting federal fingerprints to the FBI for the federal charges.

7. Determining Number of Arrest Fingerprint Sets Required _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 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 for each court of preliminary jurisdiction covered by an arrest.

8. 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 set of fingerprints to DCJS if the person has not previously been fingerprinted for the arrest.

b. The agency taking the person into custody (not the wanting agency) on a warrant may submit a New York State Inquiry Fingerprint Card (DCJS-6) or an electronic inquiry request 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 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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