Municipal Clerk Manual – Courts with JIS - Chapter 3 - Citation Case Processing Procedures: Criminal History Disposition Reporting

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	3.3
Subject:	Chapter 3 - Citation Case Processing Procedures	Publication / Adopted Date:	February 1992
Topic:	Criminal History Disposition Reporting	Revised / Effective Date:	August 2018

Municipal Clerk Manual
Courts with JIS
Chapter Three - Citation Case Processing Procedures

3.3 – Criminal History Reporting

References
Statutes: 43.500, 43.503, 43.506, 43.527, 43.530, 43.532, 43.535, 43.540, 43.542, 43.543, 43.544, 43.546, 43.547, 67.1819, 210.025, 210.487, 302.592, 313.220, 313.810, 479.172, 577.010 - 577.023, 590.060, and National Child Protection Act
Supreme Court Rules: N/A
Court Operating Rules: N/A
Publication Date: February 1992
Revised: August 2018

Clerks Duties/Procedures – Courts Accepting Paper Filings
Clerks Duties/Procedures – Courts Accepting eFiled Documents
Court Reporting
Law Enforcement Reporting
Prosecutor Reporting
Request for Criminal History Records and Use of Information
Reporting Intoxication-Related Traffic Offenses to the Repository
Use of Criminal History Records for Employment

Introduction

The Missouri State Highway Patrol (MSHP) Criminal Justice Information Services (CJIS) Division is the criminal records central repository responsible for compiling and disseminating complete and accurate criminal history records and statistics. The criminal history repository uses the fingerprints, palm prints and DNA of the defendant to assure that the correct identity of the defendant is maintained. All reporting to the criminal history repository must be based on the fingerprint card and all references to the criminal case reporting must have a valid fingerprint card number known as the Offense Cycle Number (OCN). The OCN is the unique 8-digit number pre-printed at the top of the fingerprint card or assigned by an automated fingerprint machine called a Live Scan. A new fingerprint card and OCN is assigned each time an individual is arrested and/or fingerprinted.

Law enforcement officials, prosecuting attorneys, court clerks, the Department of Corrections (DOC), and the Department of Mental Health (DMH) are required to submit, without undue delay, certain criminal arrest, charge and disposition information to the central repository so complete and accurate criminal history records may be maintained. Reportable offenses are any violations of municipal ordinances that are deemed comparable to felony or misdemeanor A violations, or a subsequent violation that could be enhanced to a misdemeanor A or higher. Reportable offenses include all intoxication-related traffic offenses. Filings and dispositions must be reported to CJIS only in a manner approved by MSHP.

If a person is charged with any offense for which fingerprints are required to be submitted to the central repository, and the defendant has not been fingerprinted, the court shall order a law enforcement agency to immediately fingerprint the person using the Order for Fingerprinting form located at the end of this section. The law enforcement agency must perform the fingerprinting and submit the completed fingerprint card to the central repository, and furnish the city prosecutor and clerk of the court with the OCN within 30 days of the order.

If the filing and disposition information is not supplied to the MSHP within 30 days, the arrest record filed with MSHP will be closed to the public until such information is provided. All records forwarded to the central repository shall include the OCN of the offense, the charge code for the offense, and the originating agency identifier number of the reporting prosecutor, using the numbers as assigned by the highway patrol.

In 2010, the Legislature increased the importance of criminal history reporting of intoxication-related traffic offenses by requiring the courts to have a written policy on the criminal history reporting of these offenses which is covered in Reporting Intoxication-Related Offenses to the Repository in this section. In addition, each municipal court must report twice a year to the court en banc on all intoxication-related offenses. (Section 1.4 Administrative Reporting Requirements of this manual for more details).

Criminal history reporting does not satisfy the reporting requirements for traffic citation dispositions or Records of Conviction (ROC). See section 3.4 Citation Processing Procedures for reporting to the Department of Revenue (DOR).

Law Enforcement Reporting (Section 43.503, RSMo)

A criminal history record begins when a law enforcement agency manually completes a State Criminal Fingerprint Card, a three part form, or obtains fingerprints electronically using Live Scan. The law enforcement agency will submit their copy of the fingerprints to the central repository, at which time a criminal history record is established. All subsequent actions on this incident are reported to the central repository using the OCN. The criminal history record uses the fingerprint to establish positive identification and the OCN is used for tracking each arrest charge to a final disposition.

EXAMPLE OF COMPLETED CRIMINAL FINGERPRINT CARD
ITEMS IN BOLD ARE MANDATORY FIELDS

Prosecutor Reporting (Section 43.503, RSMo)
When charges are referred to the prosecuting attorney by law enforcement the arresting agency should forward the Prosecutor Action segment and the Court Action segment of the State Criminal Fingerprint Card to the prosecutor’s office. Using the Prosecutor Action segment the prosecuting attorney will notify the central repository of charges that are not filed, deferred, or diversions.

If charges are filed, the prosecuting attorney will forward the Court Action segments of the State Criminal Fingerprint Card to the court. This provides the court with the current charges and the OCN associated with those charges.

EXAMPLE OF COMPLETED PROSECUTOR ACTION FILING
ITEMS IN BOLD ARE MANDATORY FIELDS

Court Reporting (Section 43.503.7, RSMo)

The court clerk reports charges filed, amended charges and any disposition (including not guilty, dismissed, and Suspended Imposition of Sentence (SIS)) associated with each OCN to the Department of Revenue (DOR) and Missouri State Highway Patrol (MSHP).

If, at the time of any court appearance, an OCN was not established for any offense(s) for which a fingerprint is required by statute to be collected, maintained or disseminated by central repository, the court shall order a law enforcement agency to immediately fingerprint the defendant using the Order for Fingerprinting form located at the end of this section

Courts should use the OSCA Reports Circuit Court Calendar and select the “Print OCN Description” report option when preparing the court calendar. This option will print the OCN on file, advise the OCN is required (if not on file), or advise the OCN is not required. Utilizing this option allows the court clerk to prepare, ahead of time, the Order for Fingerprinting for the judge’s signature to ensure the OCN is obtained prior to disposition.

Example of a Completed Municipal Division Copy

Court should record the filing and disposition for each charge including the disposition date, sentence, and include the court’s ORI number.

EXAMPLE OF A COMPLETED COURT DISPOSITION
ITEMS IN BOLD ARE MANDATORY FIELDS

Requests for Criminal History Records and Use of Information (Sections 43.500, 43.527, 43.530, 43.532, and 43.540, RSMo)

The MSHP CJIS Division is responsible for compiling and disseminating complete and accurate criminal history records and statistics. Any requests from the public or corporations to the courts for criminal history records should be referred to the MSHP CJIS at (573) 526-6153. The requestor shall be responsible for contacting CJIS to determine the documents required for completing the request, providing payment and the method of payment.

The use of any information obtained from the central repository is limited to the purpose for which it was intended. If someone obtains a criminal history report from the central repository under false pretenses or for a purpose other than for providing criminal history information to the requestor for its intended purpose, they are guilty of a class A misdemeanor. A criminal justice agency receiving a request for criminal history information under their control, may request verification of the identity (including fingerprints) of the person the information is being requested on before releasing the confidential records.

An individual shall be given an opportunity to challenge the information contained in his/her criminal history report through the Missouri State Highway Patrol.

Use of Criminal History Records for Employment (Sections 43.506, 43.527, 43.530, 43.535, 43.540, 43.542, 43.543, 43.547, 313.810, 313.220, 210.025, 210.487, 67.1818, 571.101, 590.060, RSMo, and National Child Protection Act as amended by the Volunteers for Children Act and the Adam Walsh Act)

Criminal history record information is used to provide authorized state agencies with information for screening applicants or candidates seeking or being considered for employment, assignment or appointment to a position with specific agencies or for issuance or renewal of a license, permit, certificate or registration of authority from an agency. Such employment positions include, but are not limited to:

School bus drivers and any position in a school;

Bingo equipment and supply manufacturer or supplier;

Any person seeking employment with, issuance or renewal of a gaming license from the Missouri Gaming Commission;

Positions:

In direct care, public or private, residential or special care programs, not-for-profit or voluntary,

That provides care, placement or educational services to any child, the elderly or persons with disabilities as patients or residents,

Including businesses or organization that licenses or certifies others to provide care or placement service, or

Overseen by or issue or renew any license, certificate, permit or registration from the Department of Social Services, Department of Mental Health or Department of Health and Senior Services;

Any Board or Commission under the purview of the Administrative Hearing Commission pursuant to section

621.045

, RSMo;

Any person seeking employment with, issuance or renewal of a license, certificate, permit or registration to conduct business from the Division of Professional Registration of the Department of Economic Development;

Any person seeking employment with, issuance or renewal of a license, certificate, permit or registration from the Department of Elementary or Secondary Education; or

Any position under the purview of the Supreme Court of Missouri.

Criminal history records are also used by law enforcement agencies for screening persons for employment or access to an academy police school, for persons seeking a permit to purchase or possess a firearm for employment as a watchman, security personnel or private investigator, and for persons seeking issuance or renewal of a license, permit, certificate or registration to purchase, possess or carry a concealed firearm.

Reporting Intoxication-Related Traffic Offenses to the Repository (Sections 43.544 and 479.172, RSMo)

Each law enforcement agency and each county and municipal prosecutor must establish written policies regarding required reporting of intoxication-related traffic arrests and charges not filed to the criminal history central repository as required by section 43.503, RSMo. Such written policy must be provided when applying for any grants administered by the Missouri department of public safety.

Each municipal court must establish a written policy to ensure all required intoxication-related traffic offense information is reported to the criminal history repository in a timely manner (Section 479.172, RSMo). The policy must be filed with the central repository and the Office of State Courts Administrator at the addresses listed below. It is essential that courts be proactive in this area to assure all intoxication-related traffic cases have an OCN and are reported accurately and timely to the criminal history repository.

Missouri State Highway Patrol	Office of the State Court Administrator
Criminal Justice Information Services Division	Attn: Court Business Services Division, DWI Reporting Policy
PO Box 9500	PO Box 104480
Jefferson City, MO 65102	2112 Industrial Drive
E-mail: mshpcjis@mshp.dps.mo.gov	Jefferson City, MO 65110
	Fax: 573-522-5961

Clerk’s Duties/Procedures

Courts Accepting Paper Filings
Courts Accepting eFiled Documents

Reminder: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD)

Note: See the appropriate section below for procedures which reflects your situation.

OCN Known at Time of Filing of Citation

1. CVAQMVI – Custom Quick Citation Entry. (See Procedures: Municipal Case Processing in GOLD)

1.1. Complete new case initiation procedures.

(See

section 2.1 Case Initiation

of this manual)

Select COASITE in the navigation pane and enter the OCN.

2. CDADOCT – Custom Docket Association Entry. (See Procedures: Docket Entry in GOLD)

2.1 Enter the following docket code FOCN - OCN Filed.

Note:

It is possible to have more than one OCN fingerprint card for a single case. This can occur when charges from multiple arrests (creating multiple OCNs) are combined into one case or when a defendant has been arrested on an offense(s) more than one time (creating duplicate OCNs). Duplicate OCNs can occur when a defendant is arrested and fingerprinted by a city police department and fingerprinted again when being booked into the county jail for holding or arrested and fingerprinted again when a warrant is executed for the same offense.

Complete steps 3 and 4 only if defendant has multiple/duplicate OCNs. Proceed to Step 5 if defendant only has one OCN.

3. Any corrections or explanations for multiple or duplicate OCN fingerprint cards should be processed as follows:

3.1 Manually complete the State Criminal Fingerprint Card Form (if available), or provide a memorandum to the MSHP for each duplicate OCN fingerprint card received but not entered in Site defined noting the following information:

Court ORI.

Defendant’s Name.

Provide the Duplicate/Multiple OCN number and the original OCN number (please indicate and specify whether duplicate or multiple, such as stating “OCN x is a duplicate of OCN y in that OCN x was an arrest on a warrant issued for charges reported on OCN y” or “OCN x is a multiple of OCN y in that both charges were filed in case number 123 and all subsequent information will be contained within OCN x”).

Case Number.

3.2 Mail the duplicate OCN information to:

Missouri State Highway Patrol

Criminal Justice Information Services Division

PO Box 9500

Jefferson City, MO 65102

4. CDADOCT-Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4.1 Use the following docket code:

ONOTE – Judge/Clerk - Note

4.2 Enter docket text that the memorandum was provided to MSHP and indicate the duplicate or multiple OCN was not entered in the site defined information on the case.

5. File the document in the case file.

OCN Not Received by First Appearance

1. OSCA Reports Calendar: The Circuit Court Calendar has a feature to identify those cases that are reportable but missing the OCN. When running the Circuit Court Calendar, select the parameter option “Print OCN Description.” This will identify cases where an OCN is required but missing by displaying the statement “OCN Not on File.”

2. If the OCN is not on file, prepare the Order for Fingerprinting for the judge’s signature.

3. When the OCN is received, follow procedures “OCN RECEIVED AFTER TIME OF FILING” in this section.

OCN Received After Time of Filing

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

1.1. Use the following docket code:

FOCN - OCN Filed

2. CDACASU – Custom Case Information Update (See Procedures: Updating Case Information in GOLD)

2.1. Select COASITE in the navigation pane and enter the OCN.

Note:

Complete Steps 3 and 4 if defendant has multiple/duplicate OCNs. If the defendant only has one OCN, proceed to Step 5.

3. Any corrections or explanations for multiple or duplicate OCN fingerprint cards should be processed as follows:

Court ORI.

Defendant’s Name.

Case Number.

3.2 Mail the duplicate OCN information to:

Missouri State Highway Patrol

Criminal Justice Information Services Division

PO Box 9500

Jefferson City, MO 65102

4. CDADOCT-Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4.1 Use the following docket code:

ONOTE – Judge/Clerk - Note

4.2 Enter docket text that the memorandum was provided to MSHP and indicate the duplicate or multiple OCN was not entered in the site defined information on the case.

5. File the document in the case file.

Electronic Criminal History (ECH) Problem Log

All criminal filings and disposition information is reported electronically to MSHP by JIS. However, due to data entry errors, cases may not submit electronically to MSHP. These data entry errors must be corrected so that the MSHP will receive final disposition of the charges. Corrections to the data entry errors should be made at the beginning of each week.

To access the errors for correction run one of the following reports:

1. CWACHPL- Electronic Reporting Problem Log (See Procedures: Creating an Error Log Report in GOLD)

Query for all errors by location.

For each case listed, note the error description and then click on the appropriate form in the navigation pane to fix the error.

2. JIS Reports (See Procedures: Missing OCN Report in GOLD)

A printed copy of the OCN and other problem log errors may be obtained by accessing Cognos Reports – IBM Cognos Content – Public Folders – JIS Reports – Circuit Courts-All Divisions – Exceptions.

Choose Criminal History Problem Log by Error Message. Run and print the report by selecting your location, selecting all error messages, and letting the “Date Queued Selection” default to the earliest and latest dates.

Form
CR102 Order for Fingerprinting