Judicial Processing - Identifting Individuals Requiring Fingerprinting - Ordering Defendant Fingerprinted

Authority: Criminal Procedure Law Sections 130.60 and 150.70.

1. The court should order the defendant to be fingerprinted prior to the next court appearance date if there is no indication that fingerprinting of the defendant has occurred.

a. Sentencing should not occur until fingerprinting has been completed.

b. The case should not be closed until fingerprinting and submission of the Fingerprints to DCJS has occurred.

2. The following mechanisms should be used to ensure fingerprinting occurs:

a. Utilize an in-house procedure to identify defendants who require fingerprinting.

b. Utilize a procedure to identify cases lacking the required information (Defendant Name, Date of Birth, Sex, Race, NYSID Number, Arrest Date, Crime Dates, Court Control Number, Arrest Number) and obtain the information from the arresting agency.

c. Consider having the defendant charged with Penal Law 215.50(3) as a last resort if the defendant refuses to be fingerprinted.

3. The UCS should notify courts when an arrest record is received from DCJS for a court case already on file. The courts should merge disposition and arrest information as soon as notification is received that the arrest is on file so that the court information will close out the arrest. The court should also resubmit any previously reported disposition information.

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