General Order 74.1
LEGAL PROCESS

Last Revised: 03-01-2017

SUBJECT: LEGAL PROCESS

This order consists of the following numbered sections:

74.1.1    Legal processes

74.1.2    Access terminal

74.1.3    Information disclosure

74.1.4    Civil process

74.1.5    Criminal process

74.1.6    Warrant entries

74.1.7    Confirming warrants

74.1.8    Clearing and canceling warrants

74.1.9    Locating warrants

74.1.10    Serving warrants

74.1.11    Civil order service

74.1.1 Legal processes

Staff will only engage in processes related to criminal violations and civil processes related to protection, restraining, and anti-harassment orders. Staff will process and serve criminal warrants issued by local courts in compliance with statutory and case-law guidelines. Staff will only serve criminal warrants issued by other courts when they are verified and supported by the issuing jurisdiction. Staff will not serve subpoenas on non-employee parties in criminal cases.

74.1.2 Access terminal

Staff shall not use the ACCESS terminal for any reason other than to transmit warrant information for OPD01. Staff shall disseminate transmissions sent or received on the ACCESS terminal for the address OPD01 to warrants for processing. Records personnel shall retain these documents in compliance with Washington State Law and WACIC rules; these documents are subject to an annual audit by the Washington State Patrol.

74.1.3 Information disclosure

Staff shall respond to requests for Olympia Municipal Court warrant information from law enforcement agencies. Other inquiries shall be referred to the court of jurisdiction.

74.1.4 Civil process

I.    On behalf of the Department, staff shall process court-issued protection, no-contact, and anti-harassment orders if the party to be served resides or works within the city limits of Olympia. Staff will enforce restraining and protection orders which carry criminal penalties and commitment of persons to mental health facilities or detoxification centers as per RCW 71.05.040. Staff will also respond to a valid order issued by a court of jurisdiction specifically directing police action. Staff shall not engage in civil process related to non-criminal landlord-tenant disputes and evictions, service of non-employee subpoenas, or enforcement of civil court orders not directing police action.

II.    Staff shall enter civil orders following criteria established by the State of Washington. Staff shall review existing civil orders for an expiration date. If an expiration date exists, then the information will be included in the appropriate section of the records management system, WACIC, and CAD systems.

74.1.5 Criminal process

Staff may execute both search and arrest warrants. Staff will contact the appropriate prosecutor when a situation arises in which the involved subject claims immunity from any aspect of the criminal process. Staff shall document all cases in which immunity is claimed or granted.

74.1.6 Warrant entries

I.    Assigned clerical personnel shall enter, track, and clear warrants issued by the Olympia Municipal Court following the criteria established by the State of Washington.

II.    Staff will verify, prior to entry, that warrants received from the Court include:

A.    The name of the defendant

B.    Charge(s)

C.    Date of issuance

D.    Date of expiration

III.    Assigned staff shall enter warrants into the appropriate systems, as soon as possible, but no later than 72 hours after receipt. Staff shall retain the original in an active warrants file. Assigned warrants staff will return warrants that have been substantially modified with handwritten changes to the court for reissue. The assigned staff is responsible for ensuring the original warrants are accessible to staff and are maintained in an orderly manner. Warrants will be removed and returned to the court when the court generates a list of expired warrants. Warrants staff will annually review municipal court warrants for expiration dates and return expired warrants to the municipal court.

IV.    Assigned personnel shall enter warrants into the record management system, WACIC, and CAD with statewide extradition via cooperative interstate relay for:

A.    DUI;

B.    Physical control;

C.    Violation of a protective order;

D.    Crimes related to domestic violence.

V.    Assault 4, Possession of Dangerous/Concealed Weapon, and Harassment will also be entered in WACIC with the appropriate extradition to address officer safety concerns. Warrants for other charges will be listed in RMS and CAD as serviceable in Olympia only.

74.1.7 Confirming warrants

I.    Staff will independently consider each request for a warrant confirmation, considering the warrant policy, the situation from which the individual is being removed, jail population, and the current focus and goals of the Olympia Police Department. Patrol officers will communicate special requests or pertinent information to confirming staff. Staff shall not confirm warrants for police departments not willing to secure medical clearance, if necessary. Corrections personnel shall only confirm a warrant when the requesting agency has the subject in custody. Staff will respond to a warrant inquiry from Olympia Police Department personnel if the offender is not in custody, with the understanding that the warrant cannot be confirmed until the individual is in custody.

II.    Staff shall not confirm warrants for offenders who do not meet the criteria for transport on the Northwest Shuttle System. Staff shall fax or teletype the confirmed warrant to the requesting agency if confirmed by an agency other than the Olympia Police Department. Confirming staff will ensure the warrant is cleared from WACIC and CAD. Warrants staff shall deliver confirmed warrants to corrections staff for preparation and filing.

III.    Staff will schedule a report date for offenders with outstanding non-confirmable warrants reflecting jail time owed. Staff will not serve the warrant until the offender reports to serve the jail time owed.

IV.    Staff will confirm warrants related to the following offenses for agencies outside of Thurston County:

A.    Driving Under the Influence and Physical Control

B.    Violation of a protective order

C.    Crimes related to domestic violence

V.    Staff will confirm warrants related to the following offenses for agencies inside of Thurston County:

A.    Driving Under the Influence and Physical Control

B.    Violation of a protective order

C.    Any Assault 4th

D.    Theft

E.    Crimes related to domestic violence

F.    Harassment

VI.    Staff will confirm warrants for the Olympia Police Department when the involved individual is a threat to public safety or the warrant is being used as a tool to remove an individual from a volatile or recurring situation. A jail sergeant or on-duty corrections officers may make policy exceptions, and staff will document policy exceptions. If the individual is not a threat to public safety, or the warrant is not being used for removal, staff will not generally confirm warrants for:

A.    Urinating in Public

B.    Disorderly Conduct/Noise

C.    Excessive Tire Noise

D.    No Valid Operator’s License

E.    DWLS 3rd

F.    Pedestrian Interference

G.    Criminal Trespass

H.    Littering

74.1.8 Clearing and cancelling warrants

I.    Once a warrant has been confirmed, staff shall clear it from WACIC, if necessary, as mandated by the State of Washington. Assigned clerical staff will ensure a confirmed warrant has been cleared out of CAD. Assigned staff will clear a warrant when it has been recalled or quashed by the municipal court. Staff shall return a served, cleared, cancelled, or quashed warrant to the court.

II.    Staff shall cancel a warrant if:

A.    The warrant was entered by mistake.

B.    An error was made when the warrant was entered, in which case staff shall immediately reenter the warrant.

74.1.9 Locating warrants

Staff shall notify the issuing agency by phone and by fax or teletype when a subject is detained on another agency’s warrant. Staff shall send a WACIC locate as requested.

74.1.10 Serving warrants

I.    Commissioned or specially commissioned staff may serve criminal warrants according to federal law, RCW 10.31, and city ordinance when contacting violators during routine operations or when actively seeking violators. Corrections officers may serve warrants on subjects within the confines of the Jail and the Lee Creighton Justice Center. Corrections officers may temporarily detain a subject at the direction of a judge, pending confirmation of an OMC warrant. Staff shall book the individual if the warrant can be confirmed and the offender meets admission criteria. Staff will ensure there is legal and geographical jurisdiction to arrest and must have access to the warrant (in hand or hard copy being sent) before serving the warrant. Prior to service, staff shall confirm the arrestee is the same person listed on the warrant using name and date of birth. Staff shall ensure:

A.    The warrant is read to the arrestee;

B.    The warrant is signed and dated by the arresting officer;

C.    Location the warrant was served is document on the warrant

D.    Service fees are noted on the warrant

II.    Assigned clerical staff shall document a warrant service during regular business hours. After business hours, Corrections staff will return the original warrant to the Court and forward a copy to assigned clerical staff. Staff shall not route original warrants already in the system to assigned warrants staff.

74.1.11 Civil order service

Staff shall document civil order service and service attempts on the appropriate form, as follows:

I.    Date and time service was executed or attempted;

II.    Name of employee executing or attempting service;

III.    Name of subject on whom the civil order was served or attempted to be served;

IV.    Method of service or reason for non-service;

V.    Address of service or attempt of service.