PI 22-01.pdf

KANSAS CITY, MO. POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PROCEDURAL INSTRUCTION 3/9/2022 3/9/2022 22-01 SUBJECT...

KANSAS CITY, MO. POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PROCEDURAL INSTRUCTION 3/9/2022 3/9/2022 22-01 SUBJECT AMENDS National Incident Based Reporting System REFERENCE RESCINDS National Incident-Based Reporting System (NIBRS) User Manual P.I. 15-03 Missouri Revised Statutes 43.505 P.I., Arrest Guidelines, Records Management Systems (RMS) I. INTRODUCTION A. The Federal Bureau of Investigation (FBI) uniform crime reporting program is a nationwide, cooperative statistical effort for federal, state, city, county, and tribal law enforcement agencies voluntarily reporting data on offenses. The FBI compiles, publishes, and distributes the statistical crime data to participating agencies, state uniform crime reporting systems and others interested in the nation’s crime data. B. The Department of Public Safety (DPS) is the central repository for the collection, maintenance, and reporting of crime incident activity by law enforcement in Missouri and tasked with operation of a uniform crime reporting system compatible with the national uniform crime reporting system operated by the FBI. The uniform crime reporting system does not record the findings of a court, coroner, jury, or decision of a prosecutor. C. This written directive establishes guidelines for reporting of statistical data on crime incidents, arrest reports, and any other required information by the Kansas City Missouri Police Department (Department) in compliance with the regulations established by the DPS in accordance with Missouri Revised Statutes (RSMo. 43.505). II. TERMINOLOGY A. Clearance – A clearance by arrest or exceptional means of one (1) offense in a multiple-offense incident clears the entire incident. Offenses may also be administratively closed. 1. Cleared by Arrest – An incident cleared by arrest must meet the following conditions: a. At least one suspect is arrested, b. The arrestee is charged, and  c. The arrestee is turned-over to the court system for prosecution and adjudication (whether following arrest, court summons, or police notice). 2. Cleared by Exceptional Means – The following four (4) conditions must be met to clear an offense by this category: a. Clearly and definitely established the identity of at least one (1) offender. b. Sufficient probable cause to support an arrest, charge, and turn the offender over to the court for prosecution. c. The offender’s exact location must be identified so that they may be taken into custody. d. Circumstances outside the control of law enforcement which prevents the arrest, charge, and prosecution of the offender. Examples of exceptional clearance include, but are not limited to the following: (1) Death of the offender. (2) Victim’s refusal to cooperate with the prosecution after the offender has been identified. (3) Prosecution declined for a reason other than lack of probable cause, e.g., offense falls outside prosecution guidelines by virtue of value of loss, first time offender or any other reason deemed appropriate by the prosecutor, including held in abeyance. 3. An incident cannot be cleared by exceptional means if it was previously cleared by arrest. B. Incident – One (1) or more offenses committed by the same offender, or group of offenders acting in concert, at the same time and place. C. National Incident Based Reporting System (NIBRS) – An incident based reporting system for the collection of law enforcement agency report data for each offense and arrest within designated categories of specific crimes. For further information regarding the specific categories and crimes, refer to the NIBRS User Manual located on the Intranet or through the FBI website. 2 III. PROCEDURES A. NIBRS information is automatically compiled through current Department systems such as the Records Management System (RMS). B. Members will complete the appropriate reports, supplemental reports, and case status updates in order for the required information to be compiled for submission in compliance with DPS and FBI regulations. C. The submission of arrestee data, in connection with an incident associated in the RMS automatically clears all offenses within an incident. The fact that a warrant has been applied for or issued does not constitute a clearance. D. The appropriate arrest report and RMS entries must be completed for “Clearance by Arrest” when a member arrests an individual with a local city warrant. For more information regarding arrests, refer to the current written directive entitled, “Arrest Guidelines.” E. Supervisors will ensure the appropriate entries are completed in RMS using the case status fields on the disposition of the case. F. Members should refer to the current written directive entitled, “Records Management System (RMS)” and guides provided on the Intranet for RMS systems. G. The RMS Validation Supervisor will have final authority relative to any questions in RMS regarding reporting case clearance. Richard C. Smith Chief of Police Adopted by the Board of Police Commissioners this 22 nd day of February, 2022. Mark C. Tolbert Board President DISTRIBUTION: All Department Personnel Public View Master Index – Internet Department Master Index – Intranet Policy Acknowledgement SyStem (PASS) 3