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Rule4-609. Procedure for obtaining fingerprints and Offense Tracking Numbers ondefendants who have not been booked in jail.

 

Intent:

To establish a procedure for ensuringthat fingerprints are obtained from, and an Offense Tracking Number is assignedto, defendants who have not been booked into jail prior to their first courtappearance.

 

Applicability:

This rule shall apply to allprosecutors, law enforcement personnel, jail booking personnel, and trialcourts.

 

This rule shall only apply to offenseswhich are not included on the Utah Bureau of Criminal Identification'sNon-Serious Offense list.

 

Statementof the Rule:

(1) The prosecutor shall indicate, onthe face of the Information that is filed with the court, whether the defendantis appearing pursuant to a summons or a warrant of arrest, by inserting"Summons" or "Warrant" beneath the case number in thecaption.

 

(2) The prosecutor shall cause thecriminal summons form to include the following information:

(A)the specific name of the court;

(B)the judge's name;

(C)the charges against the defendant;

(D)the date the summons is issued;

(E)a directive to the defendant to appear at the jail orother designated place for booking and release prior to appearing at court;

(F)the address of the jail or other designated place; and

(G)a space for booking personnel to note the date andtime of booking and the Offense Tracking Number (formerly known as the CDRNumber).

 

(3) Booking personnel shall:

(A)complete the booking process, including fingerprintingand issuing an Offense Tracking Number;

(B)record the date and time of booking and the OffenseTracking Number on the summons form;

(C)return the summons form to the defendant;

(D)instruct the defendant to take the summons form withhim/her to the court at the time designated on the summons;

(E)release the defendant on their own recognizance unlessthe defendant has outstanding warrants; and

(F)send the Offense Tracking Number to the prosecutor.

 

(4) Upon receipt of the OffenseTracking Number from booking personnel, the prosecutor shall forward the numberimmediately to the court.

 

(5) If the defendant appears at courtand does not have the summons form with the date and time of booking and theOffense Tracking Number, court personnel shall instruct the defendant to goimmediately, at the conclusion of the appearance, to the jail or otherdesignated place for booking and release.

 

EffectiveNovember 1, 2020