Police Department Policy

301493

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: December 5, 2014  Amends - GO 7.1.0 (April 20, 2012) Number: 7.1.0 Distribution: All Personnel Review Month: October Reviewing Authority: CID / Major Case Subject: Career Crimin al/Habitual Felony Offenders This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to confirm officer safety is not compromised when dealing with Career Criminals and to confirm coordination of information relating to law enforcement contact with or investigations of identified Career Criminals. 2. Policy It is the policy of the agency to identify habitual felony offenders pursuant to applicable law and to obtain and maintain the certified documentation of the habitual offenders' conviction. 3. Definitions A. Habitual Felony Offender - pursuant to FS 775.084 , certain defendants may be classified as habitual felony offenders, if the court finds that: 1. The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses. 2. The felony for whic h the defendant is to be sentenced was committed: a. within five (5) years of the date of the conviction of the last prior felony or other qualified offense for which the defendant was convicted, or b. within five (5) years of the defendant's release, on p arole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later. 3. The defendant has not received a pardon on the grounds of innocence for any qualifying crime under the Habitual Violent Felony Offenders Section, or a qualifying crime has not been set aside in any post -conviction proceeding. B. Habitual Violent Felony Offender - pursuant to FS 775.084 , certain defendants may be classified as habitual violent felony offenders, if the court finds: 1. The defendant has been convicted of a felony or an attempt or conspiracy to commi t a felony and one or more of such convictions was for: a. Arson 7.1.0, Page 2 of 3 b. Sexual battery c. Robbery d. Kidnapping e. Aggravated child abuse f. Murder g. Manslaughter h. Unlawful throwing, placing, or discharging of a destructive device or bomb i. Armed burglary j. Aggravated battery 2. The felony for which the defendant is to be sentenced was committed: a. within five (5) years of the date of the conviction of the last prior felony or other qualified offenses for which the defendant was convicted, or b. within f ive (5) years of the defendants release on parole or otherwise from prison sentence or other commitment imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later. 3. The defendant has not received a pardon on th e grounds of innocence for any qualifying crime under the Habitual Violent Felony Offenders Section, or a qualifying crime has not been set aside in any post -conviction proceeding. 4. Procedures A. When requested by the State Attorney’s Office, the Felony Squad Analyst shall prepare a Career Criminal case packet for prosecution. B. The Felony Squad Analyst shall also confirm files are maintained for all identified habitual felony/violent felony offenders arrested by agency personnel. C. "Signal 100" Prog ram 1. "Signal 100" is a radio communications alert identifier assigned to individuals who meet the criteria for Orange County Career Criminal status. This identifier will be located on the Descriptor (DESC) program file. "Signal 100" replaces "CAREER CR IMINAL" in the program file. 2. "Signal 100" will enable Communications personnel to alert law enforcement personnel of the "Career Criminal" status of a detained individual without compromising officer safety. 3. "Signal 100" is a confidential law enfo rcement term identifying an individual as having Career Criminal status. The definition of "Signal 100" should not be discussed with regards to its meaning over the police radio, cellular phone or with anyone outside of law enforcement. a. When in contact with an identified "Signal 100" law enforcement personnel shall run a criminal history and follow the below listed procedures. b. Complet e a Field Information Report ( FIR Card) on the subject, including vehicle information, current address, and any associates 7.1.0, Page 3 of 3 present. Personnel shall check the "Signal 100" block on the FIR and forward it the Crime Analysis Unit. c. Personnel should contact the Felony Squad Analyst in person or by conventi onal phone to provide or obtain any intelligence information. D. Imageware Career Criminal Program The Imageware system displays a distinctive "flag" at the top right of the photo data field. The flag is red in color and indicates "Career Criminal". The red flag will be placed on photo data printouts of individuals designated as Career Criminals by the Felony Squad Analyst. E. Imageware Photograph Identified as "Career Criminal" 1. Law enforcement personnel obtaining photographs of red flag Career Crimi nals shall notify the Intelligence Analyst b y conventional telephone or by completing and forwarding an Imag

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