PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.14

Transcription

1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.14 Issued Date: Effective Date: Updated Date: SUBJECT: INVESTIGATION AND CHARGING PROCEDURE INDEX SECTION TITLE PAGE NUMBER 1 Policy 1 2 Simple Assault of City of Philadelphia 1 Employees 3 Investigating Unit Procedure 1 4 Detaining Unit Procedure 3 5 Criminal Records Unit 4 6 Procedures for Arrest Warrants 4 7 Multiple Clearances 5 8 Uniform Crime Reporting (UCR) 5 Classification of Arrests 9 PARS Arrest Report Codes 5 10 Investigation and Charging Procedure 6 For Juveniles 11 Investigating Unit Procedure for 6 Juveniles 12 Detaining Unit Procedure for 10 Juveniles 13 Identification Unit for Juveniles Procedure for Arrests on Warrants 11 For Juveniles

2 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.14 Issued Date: Effective Date: Updated Date: SUBJECT: INVESTIGATION AND CHARGING PROCEDURE 1. POLICY A. All adults arrested for a felony or misdemeanor offense will be investigated, processed, and charged in accordance with the procedures outlined in this directive. B. The Preliminary Arraignment System (PARS) will serve as the police arrest reporting function for the District Attorney s Charging Unit (DACU). All defendants must have their arrest information entered into PARS. C. The detaining unit supervisor will ensure that all prisoners are held for arraignment unless properly notified by the offender status indicator in PARS. D. The Criminal Complaint, now an automated form, will be prepared in the PARS system. *1 2. SIMPLE ASSAULT OF CITY OF PHILADELPHIA EMPLOYEES A. All City of Philadelphia employees who are assaulted in the course of their duties will be investigated by the Detective Division of occurrence. This includes simple assaults against any city employee (e.g., PGW, L&I, DHS, etc.) even though they are not officers, agents, employees or other persons as defined by Crimes Code 2702 as being police officers, teachers, probation officers, etc. These employees will not be instructed to file a private criminal complaint. B. In these cases, while officers are not able to make a warrantless arrest for misdemeanors not committed in their presence, all offender information will be placed on the and the employee/victim will be transported to the Detective Division of occurrence who will conduct the investigation. 3. INVESTIGATING UNIT PROCEDURE A. The assigned investigator will prepare the following forms: 1. The completed arrest report that was successfully saved and sent in the PARS system. DIRECTIVE

3 2. The Biographical Information Report (75-229). 3. The PIIN Investigation Report (e.g , 75-52) documenting the arrest. B. The assigned investigator will ensure that: 1. When charging a suspect with a misdemeanor or felony offense, appropriate summary offenses are included in the arrest report. Substantiated facts and testimony will be included in these reports to support all charges listed. Complainant and witness information will not be included in the FACTS OF THE CASE area of the arrest report. In the event of multiple complainants/witnesses, they can be referred to as complainant #1, witness #1, etc., referencing the order in which they appear in the Complainant/Witness section of the arrest report. 2. In six-hour cases, the defendant s statement is transmitted by fax to the DACU to verify obtainment of the statement within the prescribed period after arrest. If necessary, contact the duty Assistant District Attorney (ADA) to review the facts. 3. If more than one unit is involved in charging a suspect, the primary investigating unit (as determined by Departmental policy) will be responsible for the preparation of the initial arrest report. Subsequent units will add any charges with substantiated facts and testimony to the original arrest report by adding additional District Control (DC) numbers to the original Central Booking Number (CBN), by accessing the arrest report in PARS and add supplemental report in the PARS system. NOTE: This must be done prior to the DACU charging phase or a new arrest report for subsequent charges must be created. Prior to creating a new arrest report, contact Divisional Booking Headquarters to ascertain the prisoner status. C. The investigating unit supervisor will ensure that: 1. The arrest report is properly prepared and the charges are appropriate for the facts and testimony as listed on the report. 2. The arrest report is reviewed and approved in PARS by the investigative supervisor. Supervisors will also approve or disapprove officers needed for court. This must be done within 10 hours of the arrest report being saved and sent by the assigned investigator. 3. When contacted by the DACU for information, the arrest report in PARS is used to present the Department s case. The DACU will not make charging decisions at this time. DIRECTIVE

4 4. In the case of a non-warrant arrest, when any charges are modified or disapproved by the DACU, the Record of Declination will appear in the PARS system for that particular defendant. A copy of the declination and a copy of the PIIN investigation report will be submitted to the commanding officer for review. NOTE: A declination can be for one or more charges on an arrest. The entire arrest may not necessarily be declined. 5. When all charges are approved, file a copy of the arrest report in the district/unit file. 6. A copy of the arrest report is sent to the Commanding Officer of the investigating unit. D. The Commanding Officer of the investigating unit will: 1. Maintain a PARS arrest report tickler file. a. This file will contain arrest reports, which were disapproved or modified by DACU. 2. Review all modified and disapproved arrest reports and compare them with approved PIIN investigation reports. a. Forward a memorandum through the chain of command to the pertinent Chief Inspector, describing any case where modification or disapproval appears to be totally unjustified or inconsistent with previous DACU decisions and policies. 4. DETAINING UNIT PROCEDURE A. All detaining Divisional Booking Centers (DBC) locations will process all detainees in accordance with Directive 7.8, Adult Detainees in Police Custody. B. When detainees arrive at the detaining unit, Police Detention Unit (PDU)/DBC, personnel will make sure the arrest report has been entered into the PARS system to enable the processing to begin. EXCEPTION: 3731-A MVC cases will be held until the breathalyzer results have been added to the arrest report by Accident Investigation District (AID), and transmitted. The prisoner will then be processed or released based upon the BAC results. C. The PDU/DBC personnel will ensure: 1. The arrest report is available in PARS prior to processing of detainees. DIRECTIVE

5 2. Upon completion of the detainee processing, check the queue of the PARS terminal to ensure the status of the detainees is awaiting PID. D. The PDU/DBC duty supervisor will ensure: 1. The defendant is arraigned when the charges are approved or modified, including diversions. The defendant will be released when/if all charges have been declined. 2. Declinations are found in PARS for all modifications and disapprovals. The DBC PARS queue will indicate case declined in the status section. 5. CRIMINAL RECORDS UNIT A. The Criminal Records Unit duty supervisor will ensure: 1. The defendants records are processed without unnecessary delay, and all criminal history information is updated in the computerized criminal history system. 2. All arrest information is verified in PARS. 6. PROCEDURE FOR ARRESTS ON WARRANTS A. An arrest report will be prepared in PARS for persons arrested on a local arrest warrant. B. An arrest report will be prepared in PARS for persons arrested on arrest warrants issued by another county within Pennsylvania (Arrest Other Jurisdiction [AOJ]). The DACU review of the arrest report in these cases is not necessary, except if there are additional local charges. In the event of additional local charges, the AOJ offense is included as an added offense. C. Persons arrested on arrest warrants issued by a jurisdiction outside Pennsylvania (Fugitive Other Jurisdiction [FOJ]): 1. Suspects arrested on warrants issued by jurisdictions outside Pennsylvania will be investigated by the Detective Division of arrest for the purpose of ensuring that the person arrested is, in fact, the person wanted on the arrest warrant (not for the purpose of approving the out-of- state charges). All prisoners for FOJ charges must first be fingerprinted for identification purposes. 2. An arrest report will be prepared in PARS including the facts of the arrest and sufficient identification data to establish that the person arrested is the same as the person listed on the warrant. DIRECTIVE

6 7. MULTIPLE CLEARANCES A. The Preliminary Arrest Report System (PARS) only accounts for the arrest of the person, not the clearances of offenses or crimes under investigation. A crime can only be cleared via the proper completion of a PIIN Investigation Report. 8. UNIFORM CRIME REPORTING (U.C.R.) CLASSIFICATION OF ARRESTS A. According to the UCR Handbook, the following guidelines are to be used when assigning UCR codes to arrests: 1. Count one arrest for each person arrested. Remember the number of persons arrested is being counted, not the number of charges placed against a person. 2. If two or more persons are arrested for committing one offense, each is counted as a separate arrest. 9. PARS ARREST REPORT CODES A. D.A s. ACTION 1. Approve APP 2. Disapprove DIS 3. Add On ADD 4. No DA Action Needed N/A B. D.A. Reason Codes for Disapproval 1. Insufficient Corroboration IC 2. Insufficient Evidence IE 3. Identification Inconclusive II 4. Interest of Justice IJ 5. Inadmissible Evidence IS 6. Insufficient Probable Cause IP 7. Insufficient Cause for Nighttime Search NS 8. Lacks Jurisdiction LJ 9. Lacks Prosecutorial Merit LP 10. Unavailable or Uncooperative Witness UW 11. Unavailable or Uncooperative Victim UV 12. Witness Credibility Contradicted WC 13. Inadequate Description of Persons, ID Premises or Property DIRECTIVE

7 14. Judicial Economy JE 15. Other OT 10. INVESTIGATION AND CHARGING PROCEDURE FOR JUVENILES A. All juveniles arrested for a felony or misdemeanor offenses will be investigated, processed, and charged in accordance with procedures outlined in this directive. B. The PARS report will serve as the notification and record-keeping system for the Charging Procedure. C. The PARS report will serve as the police report for the District Attorneys Charging Unit (DACU). D. The detaining unit supervisor will ensure: 1. All juveniles arrested for felony or misdemeanor offenses are held for a detention decision unless properly notified by the Philadelphia Juvenile Justice Service Center (PJJSC). 2. The applicable procedures outlined in Directive 5.5, Juveniles in Police Custody are followed, especially as it pertains to notification, transportation, housing, and the release of juveniles. 11. INVESTIGATING UNIT PROCEDURE FOR JUVENILES A. The assigned investigator will prepare the following forms in juvenile cases not remediable: 1. The completed arrest report that was successfully saved and sent in the PARS system. 2. The Biographical Information Report (75-229). 3. The PIIN Investigation Report (e.g , 75-52) documenting the arrest 4. The Juvenile Release Form (75-411), if juvenile is to be released. NOTE: Juvenile contact information is maintained in the PARS report. B. In cases in which the detective investigator in the division of occurrence is responsible to assist the primary investigating unit, it will be necessary for the assigned investigator to prepare the following forms after the initial investigation is completed: DIRECTIVE

8 1. PIIN Investigation Report (e.g , 75-52) documenting the arrest. 2. Biographical Information Report (75-229). 3. Juvenile Release Form (75-411), if juvenile is to be released. C. The assigned investigator will ensure: 1. When charging a juvenile with a misdemeanor or felony offense, that appropriate summary offenses are included in the arrest report. Substantiated facts and testimony will be included to support all charges listed. 2. Adherence to the procedures concerning Direct Filing of Juveniles as follows: a. Listed below are the offenses/charges where a juvenile who meets the criteria will be charged/prosecuted directly in adult court. b. A juvenile charged with murder. c. A juvenile aged 15 or older at the time of the offense and charged with any of the following offenses: 1) Voluntary Manslaughter 2) Aggravated Assault (a)(1) or (2)(F-1) 3) Rape 4) Involuntary Deviate Sexual Intercourse 5) Aggravated Indecent Assault 6) Kidnapping 7) Robbery (a)(1)(i), (ii), or (iii)(f-1) 8) Robbery of a Motor Vehicle, or 9) Attempt/Conspiracy/Solicitation to Commit Murder, or any of the above and a; 10) deadly weapon is used by the defendant and/or co-defendant(s) NOTE: Chapter 23 of the Pennsylvania Crimes Code, defines a deadly weapon as any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury. d. A juvenile aged 15 or older at the time of the offense and charged with any of the following offenses: 1) Voluntary Manslaughter 2) Rape 3) Involuntary Deviate Sexual Intercourse 4) Aggravated Indecent Assault DIRECTIVE

9 5) Kidnapping 6) Robbery (a)(1)(i), (ii), or (iii)(f-1) 7) Robbery of a Motor Vehicle or 8) Attempt/Conspiracy/Solicitation to Commit Murder, or any of the above and; 9) The juvenile was previously in juvenile court for any of the above offenses. e. A juvenile who was previously convicted of a felony or misdemeanor in adult court. 3. In all cases regarding Direct Filing of Juveniles, Directive 5.5 will be strictly adhered to, especially as it pertains to notification, transportation, housing, and release of juveniles. 4. The PARS report is promptly submitted to the investigating unit supervisor for review. a. If more than one unit is involved in charging a suspect, the primary investigating unit (as determined by Departmental policy) will be responsible for the initial preparation of the arrest report. Subsequent units will add any charge(s) with substantiated facts and circumstances to the original arrest report by adding additional DC numbers to the Central Booking number. b. The assigned investigator will ensure if there is a bench warrant for a juvenile being processed for direct file, they will clearly note all bench warrant information in the Facts of the Case portion of the PARS report. 5. The PARS report is transmitted immediately after review and approval by the investigating unit supervisor. 6. The juvenile is properly processed after the arrest report is completed and saved. D. The assigned investigator will record: 1. Whether or not the juvenile is being fingerprinted and photographed under Facts of the Case on the PARS report. 2. The juvenile offenders district of residence, the name, address, and telephone number of their parents or legal guardian and the school they attend. E. Investigating unit supervisor will ensure that: 1. The PARS report is properly prepared and all appropriate charges are listed based on the facts and circumstances of the case. DIRECTIVE

10 2 The arrest report is reviewed and approved in PARS by the investigative supervisor. Supervisors will also approve or disapprove officers needed for court. This must be done within 10 hours of the arrest report being saved and sent by the assigned investigator. 3. The PARS report is promptly transmitted. 4. A copy of the PARS report will be filed in the district/unit case file. 5. When contacted by DACU for information, the arrest report is used to present the case. DACU will not make charging decisions at this time. 6. When charges are modified or disapproved by DACU, that the declination is printed out in PARS. The PIIN Investigation Reports will be reviewed by the Commanding Officer. 7. When the charges are approved, the juvenile is either sent to the PJJSC or released in accordance with applicable procedures outlined in Directive When the charges are disapproved, the juvenile is released in accordance with the applicable procedures outlined in Directive If all misdemeanor and felony charges are disapproved and only summary charges remain, the juvenile is issued a Non-Traffic Summary Citation (03-8) in accordance with Directive 12.10, Appendix A, entitled Juvenile Summary Offenders and released in accordance with applicable procedures outlined in Directive A copy of the PARS report is sent to the Commanding Officer of the investigating unit. 11. Upon the investigator s absence, their immediate supervisor will notify the detaining unit supervisor of DACU s decision regarding the direct filing status of the juvenile. F. Commanding Officer of the investigating unit will ensure: 1. A PARS report tickler file is maintained. a. The PARS report file will have two (2) sections: First section: will contain all arrest reports awaiting DACU action. Second section: will contain all DACU-disapproved/modified arrest reports with required attachments. 2. They review all modified and disapproved arrest reports and compare them with submitted for consistency. DIRECTIVE

11 a. A memorandum is forwarded through the chain of command to the pertinent Chief Inspector describing any case where modification or disapproval appears to be totally unjustified or inconsistent with previous DACU decisions and policies. 12. DETAINING UNIT PROCEDURE FOR JUVENILES A. All detaining units will process juveniles in accordance with applicable procedures outlined in Directive 5.5. B. In all cases regarding Direct Filing of Juveniles, Directive 5.5 will be strictly adhered to, especially as it pertains to notification, transportation, housing, and release of juveniles. 1. Those detaining units not equipped with Divisional Booking Center (DBC) facilities will transport the juvenile to the designated DBC location where the juvenile will be detained and processed until a bail determination has been made. C. When juveniles arrive at the detaining unit, DBC personnel will ensure that a PARS report has been completed, prior to processing. EXCEPTION: 3731-A MVC cases will be held until the breathalyzer results have been added to the arrest report, then transmitted. D. The detaining unit supervisor will ensure: 1. All juveniles are processed on a priority basis. 2. A written declination record is received for all modifications and disapprovals. All declinations will be forwarded to the Commanding Officer of the investigating unit. 3. Modifications, partial disapprovals, and disapprovals are recorded as dispositions on the criminal complaint. 4. When the charges are approved, the juvenile is either sent to the Philadelphia Juvenile Justice Service Center (PJJSC) Center or released in accordance with applicable procedures outlined in Directive When the case is diverted or the charges are disapproved, the juvenile is released in accordance with applicable procedures outlined in Directive If all misdemeanor and felony charges are disapproved and only summary charges remain, the juvenile is issued a Non-Traffic Summary Citation (03-8) and released in accordance with the applicable procedures outlined in Directive 5.5. DIRECTIVE

12 7. If the direct file juvenile makes bail, but has a detainer lodged against them, they will be transported to the PJJSC. 13. IDENTIFICATION UNIT FOR JUVENILES A. The Criminal Records Section duty supervisor will ensure that: 1. Juvenile arrests are processed on a priority basis. 2. The Records and Identification Unit is notified of any modification or declination of charges against juveniles. 14. PROCEDURE FOR ARRESTS ON WARRANTS FOR JUVENILES A. A PARS report will be prepared for juveniles arrested on a local arrest warrant. Notify DACU of the arrest of the juvenile and the date of the issuance of the warrant. B. A PARS report will be prepared for juveniles arrested on arrest warrants issued by another county within Pennsylvania. A DACU review of the report in these cases is not necessary, except if there are additional local charges. C. Juveniles arrested on warrants issued by a jurisdiction outside Pennsylvania (Fugitive Other Jurisdiction [FOJ]): 1. A PARS report will be prepared, including the facts of the arrest and sufficient identification data to establish that the juvenile arrested is the same as the juvenile listed on the warrant. 2. Juveniles arrested on warrants issued by jurisdictions outside of Pennsylvania will be reviewed by the DACU for the purpose of ensuring that the juvenile is, in fact, the juvenile wanted on the arrest warrant (not for the purpose of approving the outof-state charges). RELATED PROCEDURES: Directive 5.5, Juveniles in Police Custody Directive 5.7, Wanted Persons Directive 12.11, Complaint or Incident Report (75-48) Directive 12.12, Investigation Report BY ORDER OF THE POLICE COMMISSIONER FOOTNOTE GENREAL # DATE SENT REMARKS * Addition DIRECTIVE