Mo. Code Regs. tit. 11 § 30-4.040

Current through Register Vol. 49, No. 23, December 2, 2024

Section 11 CSR 30-4.040 - Prosecuting and Circuit Attorney Procedures for Furnishing CHRI to MCRR and the Courts

PURPOSE: This rule establishes a system for each prosecuting and circuit attorney to follow when furnishing criminal history record information to Missouri Criminal Records Repository.

(1) Each prosecuting and/or circuit attorney, upon filing a reportable offense reported by a peace officer, shall furnish the information to Missouri Criminal Records Repository (MCRR) either by submitting the blue carbon copy of the disposition form set or by electronic medium. The white copy of the form set shall be furnished to the court of jurisdiction for purposes of making the offense cycle number (OCN) available to them. When charges are not filed, the complete form set shall be destroyed. If the OCN is known at the time the information or complaint is filed by the prosecuting or circuit attorney, the OCN shall be provided to the court. If the defendant is scheduled to appear in separate court divisions, the OCN shall be provided to each division. If the OCN is not known at the time of filing, the prosecuting or circuit attorney shall provide the number to the court as soon as known. When the court issues the warrant, the OCN should be listed on the warrant. The blue carbon copy is illustrated in Figure #3. The white court copy is illustrated in Figure #4. If reporting manually, the following method should be followed:

(A) Entries shall be made in blocks 1-5.

(B) Complete as instructed using typewriter or hard tip pen-

1. The prosecuting or circuit attorney must indicate the charges filed for the OCN. All other charges reported by the arresting agency will be considered not filed by MCRR;

2. Enter prosecutor's case number if charge(s) filed;

3. Enter the originating agency identifier (ORI) number of the prosecuting or circuit attorney's office;

4. Enter date the action taken; and

5. Provide the signature of the prosecuting or circuit attorney taking the action.

(2) If electronic reporting is approved by the Criminal Records Committee, similar information must be provided in the appropriate format.

(3) Any change(s) in the prosecuting or circuit attorney's action shall be reported to MCRR.

(A) The supplemental action form illustrated in Figure 5 will be used for reporting any changes if the blue copy of the prosecutor's action form previously has been submitted to MCRR.

(B) The form should be completed as follows:

1. Enter defendant's name;

2. Enter at least two (2) numeric identifiers (subject's date of birth, OCN or SID);

3. Enter charge(s), date of arrest and count number(s) for which the supplemental information pertains;

4. Enter changes in prosecutor's or circuit attorney's action;

5. Enter any comments pertaining to the case;

6. Enter reporting agency name, address and ORI;

7. Give date of report; and

8. Provide the signature of person completing the form.

(4) In the event a court pronounces sentence, including an order of supervision or an order of probation granted for any offense which is required by statute to be collected by MCRR, the prosecuting attorney or the circuit attorney of a city not within a county shall ask the court to order a police agency to fingerprint immediately all sentenced persons appearing before the court who previously have not been fingerprinted for the same case. The police agency shall submit these fingerprints to MCRR without undue delay.

11 CSR 30-4.040

AUTHORITY: sections 43.503 and 43.506, RSMo 1986.* Original rule filed Aug. 4, 1987, effective Oct. 25, 1987. Amended: Filed July 15, 1991, effective Dec. 9, 1991.

*Original authority: 43.503, RSMo 1986, amended 1990 and 43.506, RSMo 1986, amended 1989, 1991.