Police Department Policy

301602

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date : July 31, 2020  Amends - GO 15.1.6 ( December 21, 2016 ) Number: 15.1.6 Distribution: All Personnel Review Month: November Reviewing Authority: CSCD / Criminal Process Fugitive Subjec t: Warrant Records Storage This order consists of the following: 1. Purpose 2. Policy 3. Procedures 1. Purpose The purpose of this policy is to establish guidelines and procedures for the collection, preservation, and availability of warrant related i nformation for use of law enforcement and criminal justice agencies. 2. Policy The agency will maintain complete and comprehensive warrants records consistent with state and federal administrative procedures and applicable law. 3. Procedures A. Records S torage 1. Original warrants issued by Orange County courts will be filed in alphabetical order in the Criminal Process Office which is staffed twenty -four (24) hours a day. 2. Warrant work copies are provided to Fugitive detectives by zones and are returned to the files for future reference if the defendant cannot be located. 3. Warrants received from other jurisdictions will be kept in separate files from Orange County warrants. Entry of wanted person record information from other agencies into Natio nal Crime Information Center (FCIC/NCIC ) is the responsibility of the issuing agency. Agency personnel shall not make entries for other jurisdictions. B. Computer Entry 1. Agency Computer System a. All warrants issued by the Orange County courts, includi ng felony, misdemeanor and juvenile warrants, will be entered in Tiburon , the agency Records Management System by Criminal Process personnel. All warrant information will be obtained from the original warrant. b. At the time of entry, each warrant will be assigned an automated control number. c. Warrant entries are cross -referenced and may be retrieved by control 15.1.6, Page 2 of 3 number, defendant's last name, MNI (Master Number ID) or warrant (court docket) number. d. Warrant information is available to all authorized agency personnel and all agencies having authorized access to the agency computer system. 2. State Computer System a. Felony warrants and warrants for juveniles (custody orders ) will also be entered into FCIC/NCIC in accordance with applicable administr ative regulations. b. All misdemeanor warrants, including but not limited to the following, are also entered in the FCIC/NCIC: 1. Violation of Probation 2. Commitment Orders 3. Battery 4. Assault 5. Domestic Violence Related 6. Child Neglect/Abuse 7. Abuse to Animals 8. Stalking 9. DUI/DWI 10. Exigent Circumstances c. Any agency having access to the state computer system can retrieve the information. Before effecting an arrest on an Orange County warrant, agency personnel shall verify the validity of the warrant with the Criminal Proc ess section. Criminal Process personnel shall not verify the warrant until the actual hard copy of the warrant is located. Any discrepancies as to the validity of the warrant will be resolved with the Office of the Clerk of the Court which houses court re cords and is the final authority. 3. National Computer System a. Felony warrants and juvenile warrants (custody orders) with the appropriate underlying felony charge will be entered in the FCIC/NCIC system by Criminal Process personnel. b. All misdemean or warrants will be entered FCIC/NCIC system by Criminal Process personnel. c. Entries will be made in accordance with applicable administrative procedures. d. The determination as to whether a defendant will be extradited to Orange County and the warran t entered in the FCIC/NCIC system (including extradition limitations) is made by the State Attorney's Office and/or presiding judge on untried charges, and by the judge having jurisdiction on warrants based on violations of probation. Extradition limitati ons are noted in the remarks field of the computer entry. e. The determination as to whether a juvenile is returned to Orange County on custody orders is made by the State Attorney's Office or the judge having jurisdiction. 15.1.6, Page 3 of 3 C. Entry Cancellation Upon n otification that a warrant has been served at the Booking and Release Center, Criminal Process personnel shall update the information in Tiburon , the agency Records Management System . Wanted Persons arrested out of county or out of state will remain active in FCIC/NCIC until the defendant is brought back and booked into the Orange County Corrections Facility, a bond is posted, or they are otherwise released from custody. Criminal Process personnel shall update the information in Tiburon , the agency Records Management System immediately when warrants are recalled. The original warrant will be returned to the Clerk of the Court. D. Warrant Records Retention Warrant records will be retained in compliance with GO 15.1.3 .

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