Arrestee Dispositions and You:A Procedural Overview

Auburn University. (2011).

Krista Lee, Forensic Science Technician

Tennessee Bureau of Investigation

Objectives

• 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• 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

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 40-

35-321 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

To: 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 ___ Incomplete offense per TCA 40-35-321. (see below) ___ Arrestee a minor at time of arrest (see below). ___ No final disposition listed ___ Date of arrest falls before qualifying date of ___ Other ______________ January 1, 2008 date per TCA 40-35-321. ___________________ ___ Date of arrest not included, identified ___________________ or labeled (see below). ___________________ ___ 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.”

MARK GWYN Director

BILL HASLAM Governor

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

Unit1791 Neals Commerce LaneKnoxville, 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! 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?

Bibliography1. 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=main-h.htm&cp=tncode

3. 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/

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/article-1045159/Cinderella-Snow-White-Mickey-Mouse-arrested-police-clash-staff-Disneyland.html#ixzz1HWjYbVvo