Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 30 - Office of the Director › Chapter 4 - Missouri Criminal Records Repository and Privacy/Security Information › Section 11 CSR 30-4.030 - Police Agency Procedures for Furnishing Descriptions of Persons and Their Charges to MCRR and Prosecuting or Circuit Attorneys

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a system for each
				  police agency to follow when furnishing a description of a person and his/her
				  charges to Missouri Criminal Records Repository and to prosecuting or circuit
				  attorneys.
(1) A police
				agency shall be responsible for completing a fingerprint card/form set supplied
				by Missouri Criminal Records Repository (MCRR) on reportable offenses as
				instructed in the following sections. The form set consists of a card having
				blocks to be filled in on both sides, and two (2) carbon copies having blocks
				to be filled in only on their front side. Normally the parts of the form set
				will not be separated until the front side has been filled in, including a
				complete set of fingerprints. In any event the officer or clerk making the
				entries on the front of the card shall verify that the same information is
				readable on the carbon copies. Listed as follows are procedures for police
				agencies to follow when taking a person into custody:
(A) Two (2) or more agencies/same offense-If
				peace officers from two (2) or more police agencies arrest a person for the
				same offense(s), the agency that will forward the information to the prosecutor
				or make application for warrant shall be responsible for completing the
				fingerprint card/form set and forward the appropriate forms to the prosecuting
				or circuit attorney;
(B) Single
				agency/prosecution-When an arresting officer releases a person s/he has
				arrested to a receiving officer who routinely reports to the same prosecuting
				or circuit attorney, the arresting officer should complete the fingerprint
				card/form set and forward the forms to the prosecuting or circuit
				attorney;
(C) Agency turned subject
				over to different jurisdiction-A police agency arresting a person, with or
				without a warrant, and releasing the person to a police agency in a different
				prosecutory jurisdiction for prosecution shall be responsible for completing
				the fingerprint card/form set and indicating in the final disposition block #19
				as turned over to (TOT) or posted bond, name and address of police agency, date
				and warrant number if available. The forms should be destroyed;
(D) Agency receiving subject from different
				jurisdiction-A police agency taking custody of a person arrested by an officer
				who routinely reports to a different prosecuting or circuit attorney shall also
				be responsible for completing a fingerprint card/form set and forwarding the
				disposition forms to the prosecuting or circuit attorney;
(E) Municipality/multiple counties-When peace
				officers arrest a person in reference to one (1) of their cases, regardless of
				the county of prosecution, they are responsible for completing the fingerprint
				card/form set and forwarding the forms to the prosecuting or circuit attorney.
				The agency who takes custody of the offender will not refingerprint the person.
				Example: Kansas City Police Department arrests a person in Jackson County in
				reference to a Kansas City case in Clay County. Kansas City Police Department
				would be responsible for completing the fingerprint card/form set and then
				submitting the disposition form set to the prosecuting attorney of Clay County.
				When Clay County authorities take the offender into custody, no additional
				fingerprints should be taken;
(F)
				Probation violation subject printed on original charge-When a peace officer
				arrests an individual for a probation violation and the person has been
				fingerprinted on the original charge, no additional fingerprints will be
				required. The court has agreed to include the offense cycle number (OCN) on the
				warrant. If it is unknown whether the person has been fingerprinted or if
				additional charges are listed in conjunction with the probation violation, the
				fingerprint card/form set is required and forms should be forwarded to the
				prosecuting or circuit attorney; and
(G) Arrest without warrant-If a peace officer
				makes an arrest in his/her jurisdiction without a warrant, s/he will
				fingerprint the individual and submit the forms to the prosecuting or circuit
				attorney for his/her action. If a warrant is issued for the person, the OCN
				number will be listed on the warrant. If the person is released pending
				issuance of the warrant, s/he need not be figerprinted when the arrest warrant
				is served unless additional charges are included.