301614

ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: March 31, 2021  Amends - GO 16.1.4 ( August 8, 2014 ) Number: 16.1.4 Distribution: All Personnel Review Month: March Reviewing Authority: CSCD / Criminal Process Fugitive Subject: Criminal Process This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to initiate prosecution of offenders by executing arrest warrants in accordance with applicable law. 2. Policy It is the policy of the agency to attempt to serve arrest warrants in a timely and efficient manner. For verification purposes , the Criminal Process Section shall operate 24 hours daily. Only sworn law enforcement officers shall make arrests for act ive warrants, and such arrests will be done expediently. 3. Definitions A. Capias - a writ issued by the Clerk of the Courts authorizing an arrest based on information filed by the state attorney or ordered by a judge. B. Criminal Process - orders direct ed to any Sheriff, Special Agent of the Florida Department of Law Enforcement, or State Attorney's Office investigator to apprehend and bring an individual before the court to answer to charges. C. Felony - a criminal offense punishable under the laws of this state, or an offense punishable by death or imprisonment greater than one year in a state penitentiary if committed in this state. D. Foreign National - any citizen of a foreign country regardless of immigration status. A person who is a citizen of the United States and another country (dual citizenship) is not included. E. Foreign Warrants - any warrant issued from a jurisdiction other than Orange County, Florida. F. Fugitive Warrant - an order issued by a local judge, based on an out -of-state warrant, to arrest and hold a defendant for another state. 16.1.4 , Page 2 of 7 G. Governor's Warrant - a warrant issued by the Office of the Governor based on a rendition request from another state's governor to arrest a defendant. H. Juvenile Custody Order - an order directi ng law enforcement to take a juvenile into custody and hold in secure detention. This order expires on the juvenile's 19th birthday, unless otherwise directed by a judge. I. Juvenile Dependency Order - an order resulting from a non -criminal matter direct ing law enforcement to take custody of a juvenile and hold in a non -secure facility. This order expires on the juvenile’s 18th birthday. J. Misdemeanor - any criminal offense punishable under the laws of this state, or an offense punishable by a term of imprisonment not to exceed one year in a county correctional facility if committed in this state. K. Non-Criminal Violation - any offense punishable under the laws of this state, or an offense punishable by no penalty other than a fine, forfeiture, or oth er civil penalty if committed in this state. L. Notice to Appear (Criminal Summons) - a summons issued by a law enforcement officer, in lieu of a physical arrest, requiring a person accused of violating the law to appear at a specified date and time. M. Order for Arrest - a writ of bodily attachment signed by a judge directing the seizing and placing of an individual in custody. N. Order for Arrest and Confinement - a judge's order to arrest and incarcerate a defendant. O. Order of Commitment – a judge' s order to take a person into custody to serve a previously imposed sentence. P. Order of Contempt of Court - an order issued by a judge directing that a defendant appear in court or to be taken into custody. Q. Warrant - a judge's order directing the ar rest of a defendant. R. Warrant for Retaking Paroled Prisoner - a warrant of arrest issued by the State Parole Commission. 4. Procedures A. Warrants Criminal Process Section personnel shall record, distribute, file, verify, update, and validate all war rant-related information. 1. Criminal Process Section personnel shall date, time stamp, and review each warrant received to confirm it contains the following: a. signature of a judge or deputy clerk with seal affixed, b. charge(s), c. warrant or docket number, 16.1.4 , Page 3 of 7 d. bond amount, e. and proper information as to the defendant's name, race, sex and date of birth. 2. Criminal Process Section personnel shall enter each warrant in the agency’s computer system. All warrants will be entered into Florida Crime Information Center/N ational Crime Information Center ( FCIC/NCIC ). 3. Criminal Process Section personnel shall confirm warrants only after visual inspection. Questions about a warrant’s validity will be resolved by the Office of the Clerk of the Court, which maintains the co urt files. 4. Unsuccessful efforts to serve a warrant will be documented by detectives for future reference. This documentation will be noted in the warrant's jacket or entered in the remarks section of the warrant record in the agency’s computer system . Fugitive detectives shall attempt to serve all assigned warrants as soon as possible and continue diligent efforts until service is accomplished or the warrant is recalled. 5. It will be the