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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