Fingerprinting; duties of division of criminal justice services
§ 160.30 Fingerprinting; duties of division of criminal justice
services.
1. Upon receiving fingerprints from a police officer or agency pursuant to section 160.20 of this chapter, the division of criminal justice services must, except as provided in subdivision two of this section, classify them and search its records for information concerning a previous record of the defendant, including any adjudication as a juvenile delinquent pursuant to article three of the family court act, or as a youthful offender pursuant to article seven hundred twenty of this chapter, and promptly transmit to such forwarding police officer or agency a report containing all information on file with respect to such defendant's previous record, if any, or stating that the defendant has no previous record according to its files. Such a report, if certified, constitutes presumptive evidence of the facts so certified.
2. If the fingerprints so received are not sufficiently legible to permit accurate and complete classification, they must be returned to the forwarding police officer or agency with an explanation of the defects and a request that the defendant's fingerprints be retaken if possible.
DCJS receives the prints, classifies them, and searches its records for the person's prior record — including any juvenile delinquency adjudication (FCA Art. 3) or youthful offender finding (CPL Art. 720). It then promptly sends the forwarding police agency a report of the prior record (or a statement that there is none). ★ A certified report is presumptive evidence of the facts certified. If prints are too illegible to classify, DCJS returns them and asks that the defendant be reprinted.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.