July 1, 2004 To establish the procedure for identifying and processing repeat offenders and offenders who are on active parole or probation.

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Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

Standard Operating

Procedure

 

Effective Date

May 17, 2010

 

APD.SOP.3031

 Repeat Offenders

Applicable To:  All sworn employees

Approval Authority:  Interim Chief George N. Turner

Signature:  Signed by GNT

Date Signed:  5/3/10

 

Table of Content
 

1.          PURPOSE  PAGEREF _Toc260743848 \h 1

2.          POLICY   PAGEREF _Toc260743849 \h 1

3.          RESPONSIBILITIES  PAGEREF _Toc260743850 \h 1

4.          ACTION  PAGEREF _Toc260743851 \h 2

4.1           Identifying a Repeat Offender PAGEREF _Toc260743852 \h 2

4.2           Arresting Officer/Investigator PAGEREF _Toc260743853 \h 2

4.3           Field Operations Division  PAGEREF _Toc260743854 \h 3

 

4.3.9        The file will contain the following information: PAGEREF _Toc260743855 \h 4

4.4           Case File Management PAGEREF _Toc260743856 \h 4

4.5           Criminal Investigations Division  PAGEREF _Toc260743857 \h 5

5.          DEFINITIONS  PAGEREF _Toc260743858 \h 6

6.          CANCELLATIONS  PAGEREF _Toc260743859 \h 6

7.          REFERENCES  PAGEREF _Toc260743860 \h 7

 

 

1.               PURPOSE

 

To establish the procedure for identifying and processing repeat offenders and offenders who are on active parole or probation.

 

2.               POLICY

 

It is the policy of the Atlanta Police Department to identify those offenders who are considered habitual or serious offenders and to notify the District Attorney’s office, probation officer, or parole officer on all such cases, for a coordinated career criminal approach.

 

3.               RESPONSIBILITIES

 

3.1              Division commanders will ensure that all sworn employees are familiar with this policy.

 

3.2              Field Operations Division (FOD) and Criminal Investigations Division (CID) Section commanders will ensure that all sworn employees are in compliance with this directive and forward a monthly report to the division commander.  Each CID section commander will designate a repeat offender investigator. Each FOD section commander will designate a repeat offender officer.

 

3.3              Supervisors will monitor the repeat offender process and ensure that sworn employees designated as repeat offender officers receive copies of all arrest reports within 24 hours of the offender’s arrest.

 

3.4              Repeat Offender officers and investigators will obtain and develop information on those suspected of being habitual or repeat offenders and coordinate the dissemination of such information throughout the Department and with outside agencies. All repeat offender officers and investigators are responsible for meeting on at least a monthly basis to discuss the possibility of any overlapping suspects.

 

3.5              The Tactical Crime Analysis Unit will assist in identifying leading repeat offenders in different categories of criminal activity.

 

4.               ACTION

 

4.1              Identifying a Repeat Offender

 

4.1.1           The following criteria will be used when identifying a repeat offender:

                   (CALEA 5th ed. standard 42.1.5 a)

 

1.    Any person who has been previously convicted three times under the laws of this state of felonies or under the laws of any other state or the United States of crimes which would be felonies if committed within this state (OCGA § 35-3-30).

 

2.    Any person who has been convicted of three or more separate and distinct misdemeanors within the previous three years.

 

3.    Any person who can be reasonably shown to maintain a continuous pattern of criminal activity, regardless of crime category.

 

4.    Any person on active parole or probation.

 

5.    Any person who utilizes funds, or other types of personal gain from criminal activity, to maintain a separate enterprise whether legitimate or illegitimate.

 

4.2              Arresting Officer/Investigator

 

4.2.1           After effecting an arrest, the arresting officer or investigator will verify the offender’s identity.  If the identity cannot be determined by valid photo identification (I.D.) or the officer’s personal knowledge, the arrestee will be fingerprinted at the Identification Unit to obtain his or her true identity.

 

4.2.2           For each arrest, the arresting officer or investigator will check the offender with the Atlanta Crime Information Center (ACIC) to determine if there are any outstanding warrants against them and their parole or probation status.  If the offender is found to be on active parole or probation, the arresting officer or investigator will obtain a hard copy of the arrest history with the parole or probation information and include it in the file along with a current photograph.

 

4.2.3           The arresting officer or investigator will be responsible for initiating a file on an arrestee who has been identified as a repeat offender. This responsibility will transfer to the investigator responding to the scene if he or she takes over the case at the time of arrest.

 

4.2.4           If the arresting officer or investigator determines that the arrestee is on probation or parole, he/she will attempt to contact the parole/probation officer from the phone number listed on the arrestee’s criminal history. If the probation/parole officer is not available, the officer will leave a message and contact the Georgia Department of Corrections Communications Center at:

                  (404) 651-6511. If the arresting officer or investigator cannot reach the Georgia Department of Corrections Communications Center after two documented attempts, he or she will forward the file to the sections repeat offender officer.

 

4.2.5           During the Complaint Room process, for a Fulton County arrest, the arresting officer or investigator will advise the Assistant District Attorney of an arrestee’s probation or parole status and prior history.  A copy of the repeat offender’s file will be faxed, if requested.

 

4.2.6           The repeat offender officer or investigator will determine if the arrestee is facing a same or similar transaction case in the metro area or has been identified as a ‘party to’ any other crime in the metro area or another jurisdiction. If so, the repeat offender officer or investigator will notify the prosecuting attorney in the case and advise them of the new charges. 

                  (CALEA 5th ed. standards 42.1.5 b, c)

 

4.2.7           If an outside agency wishes to pursue a same or similar transaction case or a ‘party to’ any other case, they will subpoena the Atlanta Police Department’s arresting officer or investigator.  If there is not sufficient time to issue a subpoena, the repeat offender officer or investigator may be called on to testify if requested by the prosecutor.

 

4.2.8           After the arrest is made and the arresting officer completes the initial file, the file will be forwarded to the repeat offender officer or investigator, who will then review the file for completeness and accuracy.  The arresting officer or investigator will document in the incident report or supplemental incident report, indicating the file was released to the repeat offender officer.

 

4.3              Field Operations Division

 

4.3.1           Each zone commander will assign a minimum of one officer and a minimum of one alternate officer (that is not the crime analysis officer) as the repeat offender officer.

 

4.3.2           The sole function of the repeat offender officer will be tracking and documenting the repeat offenders. This will not be the same person as the crime analyst, quality of life officer, or a beat officer.

 

4.3.3           The FOD repeat offender officers will identify and maintain files on all adults arrested in their respective zones that meet the criteria for a repeat offender.

 

4.3.4           The repeat offender officer will gather information on each case file to be used to identify, classify, and analyze criminal activity conducted by repeat offenders, in order to target and otherwise assist in the criminal investigation and prosecution process.

 

4.3.5           The FOD repeat offender officers will notify the District Attorney’s Office on all such cases and will seek their assistance in case preparation.

 

4.3.6           The repeat offender officer will share information with the watches, other zones, investigative units, courts, parole officers, probation officers and prosecutors, ensuring that the Department exhausts every possible means for removing repeat offenders from the streets.

 

4.3.7           The zone’s repeat offender officer will log the file and assign it an identifying file number. This number will include the zone where the crime was committed, the current year, and a sequential file number. The number will be constructed as follows:

 

1.    The first character indicates the zone.

 

2.    The next characters are “yy,” indicating the last two digits of the year.

 

3.    The fourth through seventh characters are a four-digit sequential number “nnnn.” For example: 4-10-0027 indicates the 27th file initiated in 2010 that was created on a repeat offender in zone 4. 

 

4.3.8           CID repeat offender officers will use the same criteria for assigning a file an identifying number as above for cases initiated by an investigator.

 

4.3.9           The file will contain the following information:

 

1.    Copy of the arrest ticket(s).

 

2.    Completed copy of the incident report, including all supplements for the present charge(s).

 

3.    Memo detailing the arresting officer/investigator’s attempts to contact the probation/parole officer or Assistant District Attorney, including names of persons talked to or to whom messages were left for, times, dates and phone numbers called.

 

4.    A current photograph.

 

5.    GCIC criminal history printout.

 

6.    All known associates and relatives.

 

4.3.10         The zone repeat offender officer will process criminal history files on repeat offenders who violate probation or parole. A copy of this file will be forwarded to the designated probation or parole officer for revocation consideration, if the arresting officer did not complete this at the time of arrest. Documentation (fax receipt, memo, control log sheet, etc.) will be placed in the file indicating the name of the parole or probation officer receiving the file.

 

4.3.11         The FOD repeat offender officer will forward a copy of all repeat offender files or a weekly report of all repeat offender files listing all documents and pertinent information to the appropriate CID repeat offender investigator.  A copy of the file and/or report will be delivered by 1200 hours every Monday with the exception of legal holidays.  A control log receipt sheet will be completed and maintained in the zone logbook.

 

4.3.12         The repeat offender officer’s supervisor will prepare a monthly report indicating the number of repeat offender cases prepared by zone or investigative unit including the number of repeat offenders that were denied bond, had an increased bond because of this policy, or had Probation or parole revoked and forward it to the unit commander.

 

4.4              Case File Management

 

4.4.1           All repeat offender officers will maintain a computerized database detailing at a minimum the following:

 

1.    The number of felony arrests made by the zone or investigative unit.

 

2.    The number of misdemeanor arrests made by the zone or investigative unit.

 

3.    The number of individuals who met the repeat offender criteria in the felony and misdemeanor categories.

 

4.    The number of probation/parole revocations resulting from contacting the probation/parole officers.

 

5.    The number of repeat offenders that were denied bond or had an increased bond resulting from the repeat offender officer’s testimony at the bond hearing.

 

6.    The number of like or similar transaction cases and cases the repeat offender was a party to that the officer or investigator testified on.

 

7.    The number of repeat offender cases that were linked to crimes in outside jurisdictions.

 

8.    The number of cases presented to the Complaint Room that were held with no bond because of prior arrests and convictions.

 

4.4.2           The repeat offender officer or investigator will complete a weekly report detailing the previous information in section 4.4.1 and submit it to their supervisor.

 

4.4.3           The zone and investigative unit’s commander or his/her designee will review the repeat offender logbook monthly and sign off on it.

 

4.4.4           When requested by the repeat offender officer/investigator, the Tactical Crime Analysis Unit will supply a list of the most frequent offenders in selected crime categories.

 

4.5              Criminal Investigations Division

 

4.5.1           Each CID section commander will assign a minimum of one supervisor; one investigator and one alternate investigator to follow up on and coordinate repeat offenders’ information for the investigative units.

 

4.5.2           The repeat offender investigator will share information with the zones, investigative units, parole or probation officers, Assistant District Attorney and crime analysts to ensure a free flow of information for the successful prosecution of repeat offenders.

 

4.5.3           The CID repeat offender investigator will maintain a logbook of all repeat offender files received from FOD including files that were initiated by the investigative units.

 

4.5.4           The CID repeat offender investigator will forward a repeat offender file to the District Attorney’s Office when requested. A control log receipt sheet will be completed and maintained in the CID logbook.

 

4.5.5           The CID repeat offender investigator will request notification from the District Attorney for all judicial proceedings involving the repeat offender.  Upon notification, the repeat offender investigator will testify for the State at bond reduction hearings for repeat offenders not on current probation or parole to ensure he or she remains in custody until all untried cases are satisfied.  If there is a conflict with the CID repeat offender investigator having to testify in multiple courts at the same time, the repeat offender supervisor will arrange for the zone repeat offender officer or CID alternate to testify.

 

4.5.6           The repeat offender investigator’s supervisor will prepare a monthly report indicating the number of repeat offender cases prepared by the investigative unit including the number of repeat offenders that were denied bond, had an increased bond because of this policy, or had probation or parole revoked and forward it to the unit commander who will in turn forward the report to the section commander.

 

4.5.7           The CID repeat offender investigator will follow up with the Complaint Room and Fulton or Dekalb District Attorney’s offices to determine the sentences repeat offenders are receiving and if their probation or parole has been revoked. He or she will notify the zone repeat offender officer of this status on all files received from the zone.

 

4.5.8           After an arrest is made by a CID investigator, the CID repeat offender investigator will send a copy of the clear up report to the zone repeat offender officer.

 

4.5.10         When requested by the repeat offender investigator, the Tactical Crime Analysis Unit will supply a list of the top offenders in selected crime categories.

 

5.               DEFINITIONS

 

5.1              Career Criminal: Any person who has been previously convicted three times under the laws of the State of Georgia, of felonies or under the laws of any other state of the United States, of crimes which would be felonies, if committed within the State of Georgia.
 

5.2              Criminal History Record Information: Information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising there from; sentencing, correctional supervision, and release. The term does not include identification information, such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system.

 

5.3              Offense: An act, which is a felony, a misdemeanor, or a violation of a county or municipal ordinance.

 

5.4              Repeat Offender: A person that exhibits persistent criminal behavior that accounts for a disproportionate amount of crime.

 

5.5              Restricted Data: Any data which contains information relating to data-gathering  techniques, distribution methods, manuals, and forms.

 

5.6              Secret Data: Any data which includes information dealing with those operational and programming elements which prevent unlawful intrusion into the Georgia Crime Information Center/Criminal Justice Information System computer system, the communications network, and satellite computer systems handling criminal justice information.

 

5.7              Sensitive Data:  Any data which contains statistical information in the form of reports, lists, and documentation, which information may identify a group characteristic. It may apply to groups of persons, articles, vehicles, etc., such as white males or stolen guns.

 

6.               CANCELLATIONS

     

                  APD.SOP.3031 “Repeat Offenders”, issued July 1, 2004 

 

7.               REFERENCES

 

                  Commission on Accreditation for Law Enforcement Agencies, (CALEA), 5th edition Standards: 42.1.5 a, b, and  c.

 

                  Georgia Criminal Law Title 35, Section 35-3-30