Prosecutorial Processing - Fingerprinting - Prosecutors' Responsibilities

Prosecutors have certain responsibilities for ensuring defendants are fingerprinted under the following conditions.

1. Sealed Indictment

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 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.

• 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 filed:

• 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.

2. Prosecutor's Information Filed Prior to Arrest
  or
  Indictment Resulting from Direct Presentation to a Grand Jury

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.

3. Indictments Following Local Court Dismissal and Seal

Authority: Criminal Procedure Law Sections 130.60, 150.70 and 160.10.

a. When charges are dismissed and sealed in a local court, and the prosecutor subsequently presents the same allegations, enhanced or not, to the Grand Jury, resulting in filing of an indictment and arraignment in a superior court, the following must occur:

• The prosecutor must notify that superior court that fingerprinting is required.

• That court must order the fingerprinting once so notified by the prosecutor, or once the judge becomes aware that fingerprinting has not occurred.

• The court must use the Criminal Justice Tracking Number (CJTN) associated with the new arrest for reporting action on the Indictment.

• The court may not use the Criminal Justice Tracking Number (CJTN) from any prior arrest in reporting action on the Indictment.

• Upon receipt of any court information reported with a Criminal Justice Tracking Number (CJTN) that had been previously sealed, DCJS should contact the court, prosecutor and arresting agency to ensure that a new set of fingerprints are taken. The court should include the new Criminal Justice Tracking Number (CJTN) on all subsequent reports.

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