The Attorney General, in accordance with the Maine Administrative Procedure Act, shall adopt standards for the operation of arrest warrant repositories. These standards must include or provide for, but are not limited to, the following. [1991, c. 402, §2 (NEW).]
1. Copies forwarded to repository. Except as otherwise provided, all attested copies of arrest warrants must be forwarded to the appropriate arrest warrant repository.
[ 1991, c. 402, §2 (NEW) .]
2. Limited physical possession by investigating agency. The investigating law enforcement agency must have the opportunity to physically possess the attested copy of an investigative arrest warrant for the express purpose of execution of the warrant for a period of 72 hours, after which time the attested copy of the warrant must be forwarded to the appropriate arrest warrant repository. For purposes of this subsection and subsection 3, an "investigative arrest warrant" means a warrant for the arrest of a person charged with a criminal offense as distinguished from a bench warrant for failure to appear or pay a fine.
[ 1991, c. 402, §2 (NEW) .]
3. Extended possession by agency. The Attorney General, a district attorney or their designees may permit a law enforcement agency to possess the attested copy of an investigative arrest warrant for a period not to exceed 5 days for the express purpose of execution of the warrant if the Attorney General or the district attorney determines that the likelihood of warrant execution will be substantially increased by permitting a law enforcement agency to possess the warrant prior to forwarding it to the appropriate arrest warrant repository. The investigating agency may seek, and the Attorney General or district attorney or their designees may grant to the investigating agency, permission to possess the warrant for a further period of up to 5 days if the likelihood of warrant execution will be further increased.
[ 1991, c. 402, §2 (NEW) .]
4. Content of warrant. A warrant must contain available information concerning the identity and location of the subject, including, but not limited to, photographs of the subject, the subject's name and last known address identified by town, county and geographic codes, the subject's date of birth and any distinguishing physical characteristics that will aid in the location of the subject and the execution of the warrant.
[ 1991, c. 402, §2 (NEW) .]
5. Computer entry. Upon receipt by the arrest warrant repository, an arrest warrant must be promptly entered in the State's wanted and missing persons computer data base.
[ 1991, c. 402, §2 (NEW) .]
6. National Crime Information Center. A warrant may not be entered in the National Crime Information Center data base without authorization from the Attorney General, a district attorney or their designees, except that the Department of Corrections may enter warrants for violations of parole or probation or for escape.
[ 1991, c. 402, §2 (NEW) .]
7. Storage. Except as otherwise permitted under this chapter, an original warrant must be stored at the issuing court and an attested copy must be stored at the appropriate arrest warrant repository.
[ 1991, c. 402, §2 (NEW) .]
8. Validation by court. A procedure must be established whereby the courts shall validate arrest warrants.
[ 1991, c. 402, §2 (NEW) .]
9. Removal from data base. When arrest warrants are executed, cancelled or recalled, they must be immediately removed from the computer data base by the appropriate arrest warrant repository and the issuing court.
[ 1991, c. 402, §2 (NEW) .]
10. State Police data base. The State Police are responsible for maintaining a computerized data base, including computer entry standards, and administering the warrants data base, including printing and mailing geographical code lists to police agencies and printing and mailing repository validation lists.
[ 1991, c. 402, §2 (NEW) .]
11. Periodic listing of warrants. Each arrest warrant repository must periodically generate lists of all warrants stored at that location, including warrants entered on the State's wanted and missing persons data base, and provide them to the originating agencies and the issuing courts.
[ 1991, c. 402, §2 (NEW) .]
12. Telecommunications system. A procedure governing the entry of warrants through the State Police telecommunications system must be established to require entry when the established criteria are met.
The Attorney General, in accordance with the Maine Administrative Procedure Act, shall adopt standards for the operation of arrest warrant repositories. These standards must include or provide for, but are not limited to, the following. [1991, c. 402, §2 (NEW).]
1. Copies forwarded to repository. Except as otherwise provided, all attested copies of arrest warrants must be forwarded to the appropriate arrest warrant repository.
[ 1991, c. 402, §2 (NEW) .]
2. Limited physical possession by investigating agency. The investigating law enforcement agency must have the opportunity to physically possess the attested copy of an investigative arrest warrant for the express purpose of execution of the warrant for a period of 72 hours, after which time the attested copy of the warrant must be forwarded to the appropriate arrest warrant repository. For purposes of this subsection and subsection 3, an "investigative arrest warrant" means a warrant for the arrest of a person charged with a criminal offense as distinguished from a bench warrant for failure to appear or pay a fine.
[ 1991, c. 402, §2 (NEW) .]
3. Extended possession by agency. The Attorney General, a district attorney or their designees may permit a law enforcement agency to possess the attested copy of an investigative arrest warrant for a period not to exceed 5 days for the express purpose of execution of the warrant if the Attorney General or the district attorney determines that the likelihood of warrant execution will be substantially increased by permitting a law enforcement agency to possess the warrant prior to forwarding it to the appropriate arrest warrant repository. The investigating agency may seek, and the Attorney General or district attorney or their designees may grant to the investigating agency, permission to possess the warrant for a further period of up to 5 days if the likelihood of warrant execution will be further increased.
[ 1991, c. 402, §2 (NEW) .]
4. Content of warrant. A warrant must contain available information concerning the identity and location of the subject, including, but not limited to, photographs of the subject, the subject's name and last known address identified by town, county and geographic codes, the subject's date of birth and any distinguishing physical characteristics that will aid in the location of the subject and the execution of the warrant.
[ 1991, c. 402, §2 (NEW) .]
5. Computer entry. Upon receipt by the arrest warrant repository, an arrest warrant must be promptly entered in the State's wanted and missing persons computer data base.
[ 1991, c. 402, §2 (NEW) .]
6. National Crime Information Center. A warrant may not be entered in the National Crime Information Center data base without authorization from the Attorney General, a district attorney or their designees, except that the Department of Corrections may enter warrants for violations of parole or probation or for escape.
[ 1991, c. 402, §2 (NEW) .]
7. Storage. Except as otherwise permitted under this chapter, an original warrant must be stored at the issuing court and an attested copy must be stored at the appropriate arrest warrant repository.
[ 1991, c. 402, §2 (NEW) .]
8. Validation by court. A procedure must be established whereby the courts shall validate arrest warrants.
[ 1991, c. 402, §2 (NEW) .]
9. Removal from data base. When arrest warrants are executed, cancelled or recalled, they must be immediately removed from the computer data base by the appropriate arrest warrant repository and the issuing court.
[ 1991, c. 402, §2 (NEW) .]
10. State Police data base. The State Police are responsible for maintaining a computerized data base, including computer entry standards, and administering the warrants data base, including printing and mailing geographical code lists to police agencies and printing and mailing repository validation lists.
[ 1991, c. 402, §2 (NEW) .]
11. Periodic listing of warrants. Each arrest warrant repository must periodically generate lists of all warrants stored at that location, including warrants entered on the State's wanted and missing persons data base, and provide them to the originating agencies and the issuing courts.
[ 1991, c. 402, §2 (NEW) .]
12. Telecommunications system. A procedure governing the entry of warrants through the State Police telecommunications system must be established to require entry when the established criteria are met.
The Attorney General, in accordance with the Maine Administrative Procedure Act, shall adopt standards for the operation of arrest warrant repositories. These standards must include or provide for, but are not limited to, the following. [1991, c. 402, §2 (NEW).]
1. Copies forwarded to repository. Except as otherwise provided, all attested copies of arrest warrants must be forwarded to the appropriate arrest warrant repository.
[ 1991, c. 402, §2 (NEW) .]
2. Limited physical possession by investigating agency. The investigating law enforcement agency must have the opportunity to physically possess the attested copy of an investigative arrest warrant for the express purpose of execution of the warrant for a period of 72 hours, after which time the attested copy of the warrant must be forwarded to the appropriate arrest warrant repository. For purposes of this subsection and subsection 3, an "investigative arrest warrant" means a warrant for the arrest of a person charged with a criminal offense as distinguished from a bench warrant for failure to appear or pay a fine.
[ 1991, c. 402, §2 (NEW) .]
3. Extended possession by agency. The Attorney General, a district attorney or their designees may permit a law enforcement agency to possess the attested copy of an investigative arrest warrant for a period not to exceed 5 days for the express purpose of execution of the warrant if the Attorney General or the district attorney determines that the likelihood of warrant execution will be substantially increased by permitting a law enforcement agency to possess the warrant prior to forwarding it to the appropriate arrest warrant repository. The investigating agency may seek, and the Attorney General or district attorney or their designees may grant to the investigating agency, permission to possess the warrant for a further period of up to 5 days if the likelihood of warrant execution will be further increased.
[ 1991, c. 402, §2 (NEW) .]
4. Content of warrant. A warrant must contain available information concerning the identity and location of the subject, including, but not limited to, photographs of the subject, the subject's name and last known address identified by town, county and geographic codes, the subject's date of birth and any distinguishing physical characteristics that will aid in the location of the subject and the execution of the warrant.
[ 1991, c. 402, §2 (NEW) .]
5. Computer entry. Upon receipt by the arrest warrant repository, an arrest warrant must be promptly entered in the State's wanted and missing persons computer data base.
[ 1991, c. 402, §2 (NEW) .]
6. National Crime Information Center. A warrant may not be entered in the National Crime Information Center data base without authorization from the Attorney General, a district attorney or their designees, except that the Department of Corrections may enter warrants for violations of parole or probation or for escape.
[ 1991, c. 402, §2 (NEW) .]
7. Storage. Except as otherwise permitted under this chapter, an original warrant must be stored at the issuing court and an attested copy must be stored at the appropriate arrest warrant repository.
[ 1991, c. 402, §2 (NEW) .]
8. Validation by court. A procedure must be established whereby the courts shall validate arrest warrants.
[ 1991, c. 402, §2 (NEW) .]
9. Removal from data base. When arrest warrants are executed, cancelled or recalled, they must be immediately removed from the computer data base by the appropriate arrest warrant repository and the issuing court.
[ 1991, c. 402, §2 (NEW) .]
10. State Police data base. The State Police are responsible for maintaining a computerized data base, including computer entry standards, and administering the warrants data base, including printing and mailing geographical code lists to police agencies and printing and mailing repository validation lists.
[ 1991, c. 402, §2 (NEW) .]
11. Periodic listing of warrants. Each arrest warrant repository must periodically generate lists of all warrants stored at that location, including warrants entered on the State's wanted and missing persons data base, and provide them to the originating agencies and the issuing courts.
[ 1991, c. 402, §2 (NEW) .]
12. Telecommunications system. A procedure governing the entry of warrants through the State Police telecommunications system must be established to require entry when the established criteria are met.
