Judicial Processing - Identifting Individuals Requiring Fingerprinting - Determining the Appropriate Arrest Date

The arrest date is "the date when the individual is first taken into custody by those filing charges against the individual. When taken into custody, the individual has been deprived of his/her freedom relative to this case."

It is important that all the agencies involved in a case use the same arrest date when reporting to DCJS. This will ensure that the arrest, court disposition and custody and supervision information are properly linked on the Computerized Criminal History (CCH). The Arrest Date Determination Matrix presented later in this section should be used to determine the appropriate arrest date.

1. Arrest Date Determination Matrix - Definition of Terms

a. "Date Initially Charged by Law Enforcement" is the Arrest Date for most cases, rather than the date of fingerprinting.

Explanation: While these two dates often are the same, fingerprinting may be delayed because an individual is intoxicated, ill or injured or is issued an appearance ticket and is not fingerprinted upon issuance. Law enforcement has taken the individual into custody and has filed charges against the individual.

b. "Date Taken into Custody as the result of an Arrest Warrant" is the Arrest Date for cases where the individual had not been initially processed by law enforcement, but is being taken into custody pursuant to an arrest warrant issued by a court.

However, if the individual, apprehended on an arrest warrant, was already charged by law enforcement, the "Date Initially Charged by Law Enforcement" remains the Arrest Date. This covers those situations when an individual has been charged, but has not yet been arraigned, and the court then issues an arrest warrant

Explanation: This guideline covers situations including when:
• an individual failed to appear in court on a criminal summons
• an individual is named in a sealed indictment
• the judge finds probable cause exists that an individual, not already in custody on other charges, committed a crime

c. The "Date of Arraignment" is the Arrest Date if an arrest warrant has not been executed and the person has not yet been charged by law enforcement at the time of the court appearance.

This guideline covers situations such as:
• answering a criminal summons
• voluntarily surrendering to the court (no arrest warrant having been executed)
• being arraigned on new charges while already in custody (In the last situation, the court directs the custodial agency to produce the individual for arraignment on new charges.)

2. Arrest Date Matrix - Guidelines for Reading the Matrix:

a. Read chart from top to bottom to determine the first applicable situation.

b. Read across the row to locate the column with the "X."

c. Use the date identified by the "X" for the arrest date when reporting the arrest date on New York State Arrest Fingerprint Cards and all related documentation.

Arrest Date Determination Matrix

Situation
Date Initially Charged By Law Enforcement
Date Taken into Custody Persuant to Arrest Warrant
Date of Arraignment
Arrest Without Warrant
X
 
 
Arrest With Appearance Ticket Issued
X
 
 
Arrest Warrant Executed: Individual Not In Custody of Arresting Agency
 
X
 
Appearance on Criminal Summons
  
 
X
Voluntary Surrender to Court
 
 
X
In Custody on Other Charges
 
 
X

 

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