Police Department Policy

53725

Temple Terrace PD

Policy Text
_____________________________________________________________________________ General Order B -23 1 of 2 Investigative Cost Recovery TEMPLE TERRACE POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE 04/29/ 2005 FILE INDEX NO. B-23 SUBJECT: INVESTIGATIVE COST RECOVERY INDEX AS: SAME AS ABOVE RESCINDS: REVISES: DATE REVISED: 03/06/2019 DISTRIBUTION ALL SWORN MEMBERS I. PURPOSE: The purpose of this directive is to establish guidelines for the recover y of investigative costs pursuant to Florida Statute (F.S.) 938.27. II. SCOPE: All Sworn Members III. DISCUSSION : The Temple Terrace Police Department will seek the recovery of investigative costs from person s convicted in cases originated by the department. For purposes of this order , “convicted” means a determination of guilt, or of violation of probation or community control, which is a result of a plea, trial, or violation proceeding, regardless of whether adjudication is withheld. IV. PROCEDURE: A. Whenever a member initiates criminal charges against a defendant, whether by physical arr est, arrest warrant or submitting charges for direct file consideration, he or she shall complete a Crime Report Affidavit / Notice To Appear (CRA). All applicable sections and fields of the CRA must be filled in legibly, accurately and completely. B. Immedia tely following the narrative portion of the probable cause statement the originating officer (Affiant) shall include a request for the recovery of investigative costs. The request statement may be preprinted on the CRA or manually entered during the comple tion of the form. C. The statement requesting the recovery of investigative costs shall read , in kind, as follows: “ Judgment requested against the defendan t for agency investigative cost per Florida Statute 938.27 .” D. The request statement shall be followed b y the appropriate approved amount of $75.00 for misdemeanors and $130.00 for felonies. _____________________________________________________________________________ General Order B -23 2 of 2 Investigative Cost Recovery E. In cases where multiple charges are initiated against a defendant, it is customary to base the requested recovery amount on a single charge of the highest c lassification. Cases involving extensive or prolonged investigati ve efforts , or investigative expenses above and beyond that which is considered routine or normal, may warrant greater investigative costs recovery amounts. When this occurs the requesting officer shall complete an Investigative Cost Recovery f orm (TTPD#87) and submit the completed form to his or her supervisor for review and approval. Approved forms sh all then be forwarded to the Records Unit to be incorporated into the associated police report. F. In some cases, accurately completing the Investigative Cost Recovery f orm requires additional research or resources not readily available to the originating off icer. When this occurs, the form shall be forwarded to the Commander of the Investigative Services Division for further action and final review. G. The Records Unit will forward copies of all Investigative Cost Recovery forms , along with associated police reports, to the State Attorney’s Office of the 13th Judicial Circuit. H. Whenever possible and especially during pretrial or plea deal discussions with prosecutors , members shall reiterate the d epartment’s desire to seek the re covery of investigative costs. In many cases prosecuting attorneys can request that the department be awarded investigative costs as part of a plea deal agreement or final judgment.

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