Transcript Arrestee Dispositions and You: A Procedural Overview

Arrestee Dispositions and You:
A Procedural Overview
Tennessee Bureau of Investigation
Krista Lee, Forensic Science Technician
Auburn University. (2011).
Objectives
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Educate & Explain the Arrestee Law
Explain what Qualifies
Explain what We Require
Provide Contact Information
40-35-321 (e)(1)
“When a person is arrested on or after January 1,
2008, for the commission of a violent felony as
defined in subdivision (e)(3), the person shall have
a biological specimen taken for the purpose of
DNA analysis to determine identification
characteristics specific to the person.”
Michie’s Legal Resources. (2011).
40-35-321(e)(1) Breakdown
• All individuals who have been arrested on
or after January 1, 2008 for a qualifying
violent felony are to have their DNA
collected and sent to the bureau.
40-35-321 (e)(2)
“The clerk of the court in which the charges against a
person described in subdivision (e)(1) are disposed of shall
notify the Tennessee bureau of investigation of final
disposition of the criminal proceedings. If the charge for
which the sample was taken is dismissed or the defendant
is acquitted at trial, then the bureau shall destroy the
sample and all records of the sample; provided, that there
is no other pending qualifying warrant or capias for an
arrest or felony conviction that would otherwise require
that the sample remain in the data bank.”
Michie’s Legal Resources. (2011).
40-35-321 (e)(2) Breakdown
• When a Judgment has been made on an
offender’s charges (a qualifying violent
felony), send the TBI CODIS unit a final
disposition report/judgment order
What is a Qualifying Offense?
Velma’s Retro Clip Art and Images. (2011).
40-35-321 Violent Felonies
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1st Degree Murder
2nd Degree Murder
Esp Agg Kidnapping
Agg Kidnapping
Esp Agg Robbery
Agg Robbery
Robbery
Agg Child
Abuse/Neglect/
Endangerment
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Rape
Agg Rape
Rape of a Child
Agg Rape of a Child
Sexual Battery
Agg Sexual Battery
Sexual Battery by an
Authority Figure
Violent Felonies Continued
• Agg Statutory Rape
• Statutory Rape by an
Authority Figure
• Agg Arson
• Carjacking
• Esp Agg Burglary
• Agg Burglary
• Agg Assault
• Accessory after the
Fact*
• Attempt*
• Solicitation*
• Conspiracy*
• Criminal
Responsibility*
• Facilitation*
*For offenses under 4035-321 only
Information Required from You
• On Final Disposition Reports:
Name, DOB, SSN, Date of Arrest,
Offense(s) Charged at Time of Arrest, Final
Disposition & Date, Your Agency Contact
Information, Case #
Information Required Cont.
• On Judgment Orders:
Must write Date of Arrest
Name, DOB, SSN, Offense(s) Charged at
Time of Arrest, Final Disposition & Date,
Your Agency Contact Information, Case #
Why Your Dispositions or
Judgment Orders May Be
Returned
• Error detected with the paperwork
• Common problems: Juvenile Offender, No
Date of Birth, No Date of Arrest, No Final
Disposition listed, No Offense at time of
arrest listed
• Checklist Memo is included
TENNESSEE BUREAU OF INVESTIGATION
901 R.S. Gass Boulevard
Nashville, Tennessee 37216-2639
(615) 744-4000
TDD (615) 744-4001
BILL HASLAM
Governor
To:
MARK GWYN
Director
All county Criminal and Circuit Court clerks
From: DNA/Serology, CODIS Unit
Date: February 24, 2011
RE:
Final Disposition Reports, Judgment Orders and Orders of Expungement
Enclosed with this memo are one or more Disposition Reports, Judgment Orders and/or
Orders of Expungment that do not qualify for the indicated reasons.
___ Arrest offense(s) listed does/do not qualify
per TCA 40-35-321.
___ Arrestee a minor at time of arrest (see below).
___ Date of arrest falls before qualifying date of
January 1, 2008 date per TCA 40-35-321.
___ Date of arrest not included, identified
or labeled (see below).
___ Incomplete offense
(see below)
___ No final disposition listed
___ Other ______________
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___________________
___________________
___ Please clarify date of birth, SSN.
Arrestee a minor at time of arrest. If arrestee was a juvenile at the time of arrest, you may
re-submit the final disposition, judgment order, or expungement with notation that
indicates the juvenile was bound over as an adult. For example, you may write “Tried as
Adult” or “Bound over as Adult” near the date of birth or in the margin on the form.
Incomplete offense. Criminal responsibility, facilitation, accessory after the fact,
solicitation and conspiracy all must be accompanied by a qualifying offense as listed in
TCA 40-35-321. For example, Accessory after the fact aggravated robbery, Solicitation
to first degree murder, etc. Listed by themselves (without a qualifying felony offense), we
cannot identify the felony offense that Accessory after the fact or Solicitation pertains to.
Date of arrest not included, identifited or labeled. If sending a judgment order, you may
fill in by hand the date of arrest. Be sure to label it as the date of arrest. For example:
“DOA 1-26-09” or “Date of Arrest 1-26-09.” If a date is given without explanation, we
do not assume it is the date of arrest. Also make sure it is a date of arrest that qualifies.
TCA 40-35-321 dictates the date of arrest as “on or after January 1, 2008.”
What if my
Return says
Arrestee a
Minor at Time
of Arrest?
Mail Online. (2008).
Juvenile Offenders
• Juvenile Upon Arrest
• Need Bound over Mittimus
• Need “Bound over as Adult” or “Tried as
Adult” written
Where do you Send
Dispositions?
• For Middle TN &
West TN Regions:
T.B.I. Crime Lab
CODIS Unit
901 R.S. Gass Blvd.
Nashville, TN 37216
• For East TN Region:
T.B.I. Crime Lab
Knoxville CODIS
Unit
1791 Neals Commerce
Lane
Knoxville, TN 37914
Which Region Are You?
TN County Statistics
• Currently 57% of West TN counties do
NOT submit dispositions
• 64% of Middle TN counties do NOT submit
dispositions
• Approximately 41% of TN counties do
NOT submit dispositions
Why this is Important
Without you, the court clerks, providing the
TBI with final disposition reports, removal
of otherwise qualifying DNA profiles from
the national and local systems may occur.
Questions? Call Us!
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For Middle TN & West
TN Regions:
Krista Lee
615-744-4386
Jacquelyn Poarch
615-744-4256
Rachel Mack
615-744-4416
Jamison Hurt
615-744-4498
For East TN Region:
• Lisa Wessner
865-549-7934
Questions?
Bibliography
1.
Auburn University. (2011). Program Application Checklist.
Retrieved from
http://www.auburn.edu/research/vpr/urfp/checklist.html
2.
Michie’s Legal Resources. (2011). TCA 40-35-321. Retrieved
from
http://www.michie.com/tennessee/lpext.dll?f=templates&fn=mainh.htm&cp=tncode
3.
Velma’s Retro Clip Art and Images. (2011). Cop with Crime Scene
Tape Clip Art. Retrieved from http://free-retrographics.com/2011/02/cop-with-crime-scene-tape-clip-art/
4.
Mail Online. (2008). Cinderella, Snow White and Mickey Mouse
arrested as police clash with staff at Disneyland. Retrieved from
http://www.dailymail.co.uk/news/worldnews/article1045159/Cinderella-Snow-White-Mickey-Mouse-arrested-policeclash-staff-Disneyland.html#ixzz1HWjYbVvo