Police Department Policy

04-05.0 (REV 1-90)_CASE CLEARANCE_897-12262019

Sacramento County Sheriff

Policy Text
Detective Division Page 1 of 3 4/05.0 (REV 1/90) CASE CLEARANCE The purpose of this order is to e stablish the criteria for case clearance in the Detective Division. I. General A. Case clearance shall be repor ted on a non-arrest clear-up re port or an arrest clear-up report, as appr opriate, in accordance with the instructions contained in the Department’s R eport Writing Manual. A clearan ce report shall be made whenever a case is brought to a conclusion and t he need for investigation no longer exi ts. Officers clearing reports s hall: 1. Ensure that the victim has been notified of case clearance a nd disposition. 2. Include a narrative statemen t in the synopsis section of the reasons for clearance and the fact that th e victim has been notified. II. Clearance Categories Clearance categories shall be det ermined in accordance with the following: A. Arrest A person must have been physica lly arrested for the offense an d booked or cited. In the case of juven iles cited, the clearance shall be made by the Child Abuse Bureau. Juveni le arrests shall be coded: 1. In Custody: This category app lies only when a juvenile is ta ken into physical custody and booked at the Juvenile Center. 2. Cancelled by Parent: This c ategory applies when the parent o r reporting person cancels the r eport and desires no further acti on. 3. Counsel and Release: This cate gory is to be used by the Chil d Abuse Bureau only. It applies to j uvenile citation offenses han dled within the Sheriff’s Department. Detective Division Page 2 of 3 4/05.0 (REV 1/90) 4. Probation: This category is to be used by the Child Abuse Bu reau when juvenile citation offenses are referred directly to the Pr obation Department for final disposition. B. Non-Arrest The Reclassification/Non-Arres t Clear-Up form (7401 Form 104) i s used when cases are reclassified or cleared by means other than arre st. 1. Reclassification: Enter the new crime title and appropriate Penal Code Section in the space marked “Reclassification Only.” Prov ide sufficient information to ident ify the original report and cla ssification. State the reason for reclassify ing the report in the space mar ked “synopsis.” 2. Clear-Ups: Non-arrest clear- ups would fall into one of three categories: a. Exceptional clearance, either adult or juvenile; the allowab le reasons using Uniform Crime Repo rting System criteria are: (1) Offender deceased. (2) Offender charged in a differ ent SSD case and will not be charged in this case. (3) Offender prosecuted by another jurisdiction. (4) Victim refused to prosecute. (5) Extradition denied. (6) Juvenile offender counseled and released. Note : A request for an arrest warrant is not an allowable means of exceptional clear-up. b. Unfounded: The investigation must reveal: (1) The acts alleged did not occu r or did not constitute a crime. (2) The incident did not occur. c. Missing person clear-up, either adult or juvenile. Detective Division Page 3 of 3 4/05.0 (REV 1/90) SACRAMENTO COUNTY SHER IFF’S DEPARTMENT RECLASSIFICATION/NON-ARREST CLEARUP ORIGINAL REPORT DATE ORIGINAL CRI ME SECTION F M ORIGINAL CRIME TITLE V NAME (LAST, FIRST, MIDDLE) RESIDENCE PHONE BUSINESS PHONE RESIDENCE ADDRESS BUSINESS ADDRESS/SCHOOL, IF JUVENILE DOB AGE SEX RACE S NAME (LAST, FIRST, MIDDLE) RESIDENCE PHONE BUSINESS PHONE RESIDENCE ADDRESS BUSINESS A DDRESS/SCHOOL, IF JUVENILE DOB AGE SEX RACE CJIS X-REF ALIAS 20 □ADULT EXCEPTIONAL CLEARANCE 40 □ JUVENILE EXCEPTIONAL CLEARANCE 70 □UNFOUNDED □ADULT – MP CLEAR UP □JUVENILE – MP CLEAR UP CLEARANCE DATE: REASON FOR EXCEPTIONAL CLEARANCE □ OFFENDER DECEASED □ OFFENDER CHARGED IN A DIFFERENT SSD CASE AND WILL NOT BE CHARGED IN THIS CASE □ OFFENDER PROSECUTED BY ANOTHER JURISDICTION □ VICTIM REFUSES TO PROSECUTE □ EXTRADITION DENIED □ JUVENILE OFFENDER COUNSELED AND RELEASED □ BEYOND STATUTE OF LIMITATION ADDITIONAL EXCEPTIONAL CLEARED REPORT(S) RECLASSIFICATION ONLY NEW CRIME SCTION F M NEW CRIME TITLE ORIGINAL CRIME SECTION F M ORIGINAL CRIME TITLE SYNOPOSIS INVESTIGATING OFFICER BADG E DIVISION SUPERVISOR PAGE OF 7401 form 104 [rev 11/87]

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