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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. Educate & Explain the Arrestee Law Explain what Qualifies Explain what We Require Provide Contact Information.

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Arrestee Dispositions and You: A Procedural Overview

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  1. Arrestee Dispositions and You:A Procedural Overview Tennessee Bureau of Investigation Krista Lee, Forensic Science Technician Auburn University. (2011).

  2. Objectives • Educate & Explain the Arrestee Law • Explain what Qualifies • Explain what We Require • Provide Contact Information

  3. 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).

  4. 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.

  5. 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).

  6. 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

  7. What is a Qualifying Offense? Velma’s Retro Clip Art and Images. (2011).

  8. 1st Degree Murder 2nd Degree Murder Esp Agg Kidnapping Agg Kidnapping Esp Agg Robbery Agg Robbery Robbery Agg Child Abuse/Neglect/ Endangerment Rape Agg Rape Rape of a Child Agg Rape of a Child Sexual Battery Agg Sexual Battery Sexual Battery by an Authority Figure 40-35-321 Violent Felonies

  9. 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 40-35-321 only Violent Felonies Continued

  10. 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 #

  11. 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 #

  12. 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

  13. What if my Return says Arrestee a Minor at Time of Arrest? Mail Online. (2008).

  14. Juvenile Offenders • Juvenile Upon Arrest • Need Bound over Mittimus • Need “Bound over as Adult” or “Tried as Adult” written

  15. For East TN Region: T.B.I. Crime Lab Knoxville CODIS Unit 1791 Neals Commerce LaneKnoxville, TN 37914 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

  16. Which Region Are You?

  17. 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

  18. 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.

  19. 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? Call Us!

  20. Questions?

  21. Bibliography • Auburn University. (2011). Program Application Checklist. Retrieved from http://www.auburn.edu/research/vpr/urfp/checklist.html • Michie’s Legal Resources. (2011). TCA 40-35-321. Retrieved from http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode • Velma’s Retro Clip Art and Images. (2011). Cop with Crime Scene Tape Clip Art. Retrieved from http://free-retro-graphics.com/2011/02/cop-with-crime-scene-tape-clip-art/ • 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/article-1045159/Cinderella-Snow-White-Mickey-Mouse-arrested-police-clash-staff-Disneyland.html#ixzz1HWjYbVvo

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