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New York State Standard Practices Manual Processing Fingerprintable NEW YORK STATE STANDARD PRACTICES MANUAL PROCESSING FINGERPRINTABLE CRIMINAL CASES October 2018 New York State Division of Criminal Justice Services 80 South Swan Street, Albany, New York 12210 www.criminaljustice.ny.gov 1 Table of Contents Page INTRODUCTION 9 Arrest Processing Arresting Agency Standard Practices I. Standard Practices Regarding Criminal Case Documentation ..................................... 14 A. Providing Complete Case Documentation to Other Criminal Justice Agencies .... 14 1. Key Identifiers .................................................................................................... 14 2. Additional Information to be Reported to the Court and Prosecutor ................ 14 3. Arrest Fingerprint-Based Rapsheet to be Provided to the Court and Prosecutor ......................................................................................................... 15 4. Additional Documents to be Provided to the Court .......................................... 15 B. Sharing Documents With Other Agencies .............................................................. 16 1. Documents Generated by the Arresting Agency to be Forwarded to Other Agencies ........................................................................................................... 16 2. Documents Generated by Other Agencies for Dissemination by the Arresting Agency to Other Agencies ............................................................... 17 3. Documents Generated by Other Agencies for Arresting Agency Action ........ 17 II. Standard Practices Regarding Fingerprinting ................................................................ 17 A. Statutory Requirements for Fingerprinting Adult Arrestees .................................... 17 B. Statutory Requirements for Fingerprinting of Adolescent Offender Arrestees…………………………………………………………………………………18 C. Statutory Requirements for Fingerprinting of Juvenile Delinquent and Juvenile Offender Arrestees .................................................................................................. 19 D. Responsibility for and Timing of Fingerprinting in Certain Arrest Circumstances………………………………………………………………………..….20 1. Summary Arrest ............................................................................................... 20 2. Appearance Ticket ........................................................................................... 20 3. Criminal Summons ........................................................................................... 21 4. Sealed Indictment ............................................................................................ 21 5. Prosecutor’s Information Filed Prior to Arrest ................................................. 22 or Indictment resulting from Direct Presentation to a Grand Jury ....................... 22 6. Special Circumstances Due to an Arrestee’s Physical Condition (Ill, Injured, Intoxicated, Combative) .................................................................................. 22 7. Refusal to be Printed ....................................................................................... 23 8. Completing Delayed or Partial Fingerprinting .................................................. 23 2 9. Responding to DCJS Request for Reprinting .................................................. 24 10. Arrests Involving Multiple Local, State or Federal Arresting Agencies ........... 24 11. Arrest Involving Multiple Incidents or Jurisdictions .......................................... 24 12. Arrests Involving Execution of Warrants.......................................................... 25 D. Ensuring the Quality of Fingerprint Impressions ................................................... 25 E. Fingerprint Submission Types ................................................................................ 25 1. Manual / Hard Copy Submissions ...................................................................... 26 a. Adult including Juvenile Offender arrest .................................................. 26 b. Juvenile Delinquent arrest ........................................................................ 26 2. Electronic Submissions ...................................................................................... 26 a. Adult and Juvenile Offender Arrest Transactions ...................................... 26 b. Juvenile Delinquent Arrest transactions .................................................... 27 c. Criminal Inquiry Transactions .................................................................... 27 F. Completion of the Data Related to a Set of Arrest Fingerprints ............................. 27 1. Required Arrest Data ....................................................................................... 27 2. Arrest Date Determination Matrix .................................................................... 31 G. Timing of Submission of Fingerprints ..................................................................... 32 H. Juvenile Delinquent and Juvenile Offender Fingerprinting ..................................... 33 III. Standard Practices Following Rapsheets and Modifications to Arrests ........................ 33 A. DCJS Criminal History Report (Rapsheet) ............................................................ 33 1. Dissemination of Arrest Fingerprint-based Rapsheet ..................................... 34 2. Monitoring Completeness and Accuracy of Rapsheet .................................... 34 3. Rapsheet Use, Dissemination and Destruction ............................................... 35 B. Subsequent Notifications of Modifications to Arrests ............................................. 35 1. Additions or Modifications to DCJS Criminal History Records ........................ 35 2. Closure of Arrest No Longer to Be Referred for Prosecution.......................... 36 3. Closure of Specific Offenses Charged at Arrest Which Are Not to Be Pursued Through Arraignment ........................................................................ 36 Prosecutorial Processing Prosecutorial Standard Practices 3 I. Standard Practices Regarding Criminal Case Documentation ..................................... 37 A. Providing Complete Case Documentation to Other Criminal Justice Agencies .... 37 1. Key Identifiers .................................................................................................. 38 2. Additional Information to be Reported to the Court ......................................... 38 B. Case Processing, Reporting and Sharing Information with Other Criminal Justice Agencies ................................................................................................................ 39 1. Prosecutor Actions ........................................................................................... 39 2. Documents to be Provided to Other Criminal Justice Agencies ..................... 39 II. Standard Practices Regarding Criminal Case Processing .............................................40 A. Closure of the Entire Case or Specific Charges ......................................................40 B. Plea Agreements ......................................................................................................40 C. Charges Held for the Action of the Grand Jury or Direct Presentation by the Prosecutor ................................................................................................................ 41 D. Presenting Allegations to the Grand Jury That Were Previously Dismissed and Sealed in Local Court .............................................................................................. 41 E. Monitoring Pending Charges and Cases ................................................................ 41 III. Standard Practices Regarding Fingerprinting ................................................................ 41 A. Prosecutors’ Responsibilities .................................................................................. 40 1. Sealed Indictment ............................................................................................ 41 2. Prosecutor’s Information Filed Prior to Arrest ................................................. 42 or Indictment Resulting from Direct Presentation to a Grand Jury ...................... 42 3. Indictments Following Local Court Dismissal and Seal................................... 42 B. Fingerprint Submission Types ................................................................................ 42 1. Manual / Hard Copy Submissions a. Adult including Juvenile Offender arrest .................................................. 42 b. Juvenile Delinquent arrest ........................................................................ 43 2. Electronic Submissions a. Adult and Juvenile Offender Arrest Transactions .................................................................................. 43 b. Juvenile Delinquent Arrest Transactions ................................................... 43 c. Criminal Inquiry Transactions .................................................................... 43 4 C. Completion of the Data Related to a Set of Arrest Fingerprints ............................. 43 1. Required Arrest Data ....................................................................................... 44 2. Arrest Date Determination Matrix .................................................................... 49 D. Timing of Submission of Fingerprints ....................................................................
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