TCIC Conditions of Bond - Implementation Overview
The TCIC Conditions of Bond outline the procedures and requirements for entry into TCIC for cases involving violent and family violence-related offenses in Texas. HB 766 and SB 6 impact the Texas Code of Criminal Procedure, defining duties for Magistrates, Sheriffs, and DPS. Magistrates must notify Sheriffs promptly of bond conditions, with strict timelines for entry into TCIC imposed by the legislation. Preparation for entry involves reviewing orders, ensuring offenses match HB 766 criteria, and obtaining identifying information.
Uploaded on Oct 05, 2024 | 0 Views
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
TCIC Conditions of Bond Pam Pierce TCSO Central Warrants Office Manager TCSO Terminal Agency Coordinator TLETS/TCIC Associate Trainer 512 854-9854 pam.pierce@traviscountytx.gov
CONDITIONS OF BOND How did this happen? https://capitol.texas.gov/ Search Legislation, 87(1) 2021 Click on Bill Number, then insert HB 766 and SB 6 Impacts Texas CCP, Chapter 17
CONDITIONS OF BOND Texas CCP, Article 17.50 HB 766 For DPS effective 09/01/2021; for Local Agencies effective 01/01/2022. Defines entry into TCIC for cases involving violent offenses, as well as duties of Magistrates, Sheriffs and DPS. SB 6 - Defines entry into TCIC for cases without limitation for Class B and higher offenses, as well as duties of Magistrates, Sheriffs and DPS. Definitions: Business Day means a day other than weekend, state or national holiday; Violent Offense is an offenses under certain sections of the Tx penal code Only a Sheriff s Office can accept bonds, which is why the primary responsibility of entry into TCIC will occur from the Sheriff s.
CONDITIONS OF BOND Texas CCP, Article 17.50 HB 766 Section 19.02 (murder) Section 19.03 (capital murder) Section 20.02 (kidnapping) Section 20.04 (aggravated kidnapping) Section 21.11 (indecency with child) Section 22.011 (sexual assault) Section 22.02 (aggravated assault) Section 22.021 (aggravated sexual assault) Section 22.04 (injury to child, elderly, disabled individuals) Section 29.03 (aggravated robbery) Section 21.02 (continuous sexual abuse of child) Section 20A.03 (continuous human trafficking) Any family violence offense as defined in Family Code Section 71.004
CONDITIONS OF BOND Magistrate notifies Sheriff of the conditions no later than the next day after issuance of the bond, upon any modification, or cancellation of the bond conditions. Specific information to accompany the Magistrates notification TCIC Conditions of Bond Data Collection Form. Form inclusion is NOT required by statute only that DPS create a form. HB 766 requires entry into TCIC not later than the next business day after receipt of Magistrate s Information, Sheriff to enter into TCIC the Conditions of Bond record for violent and family violence related offenses. SB 6 requires entry into TCIC within 10 days after receipt of Magistrate s Information, Sheriff to enter into TCIC the Conditions of Bond record.
PREPARING FOR ENTRY Review the order and/or TCIC data collection form to ensure offense(s) meet the criteria of HB766 for prioritization of record entry. Query DL and CCH for identifying information to use in the TCIC record entry.
PREPARING FOR ENTRY Query the State and Federal Criminal History systems to determine if the person has been arrested/detained previously. Print the Criminal History Records applicable to the subject named in the Bond.
PREPARING FOR ENTRY Query TCIC/NCIC (ZW or QW or QBN) to see if your agency has an existing Conditions of Bond record for the subject.
TCIC CONDITIONS OF BOND RECORD ENTRY The below fields are specific to the agency, and the defendant named in the Bond itself. In accordance with Texas CCP, the defendant/subject s name and DOB must be shown on the Bond. Use the name shown on the bond to enter data into the Name (NAM) field. Use the DOB shown on the bond in your TCIC primary DOB field. Additional names and DOBs will be entered later as supplemental data.
TCIC CONDITIONS OF BOND RECORD ENTRY If the bond provides other demographic details, or numbers related to the subject/defendant, enter those into the appropriate fields of your primary record entry screen. If the bond does not have other demographic details, or numbers related to the subject/defendant, refer to the Driver License and Criminal History responses you received (if any) and enter data into the appropriate fields of your primary record screen. If a conflict is found between the race shown on the warrant, the criminal history record(s) and driver license response, enter the race as U . Note: Where the DL system shows a blank area, followed by HISPANIC, use either the race code from the CCH/III or enter U. Note, Hispanic is an ethnicity, not a race. Currently the entry of ethnicity is not required by DPS but your agency may elect to enter anyway.
TCIC CONDITIONS OF BOND RECORD ENTRY The Place of Birth (POB) and Citizenship (CTZ) data will be derived from the Criminal History responses. If Texas CCH conflicts with NCIC III data, pick one using your best judgement. Example: If Texas CCH reads TE/US, and III reads TX/US, you will enter TX/US because there is not a state of the USA with the abbreviation (code) of TE. (TE= Spratly Islands in the South China Sea) Scars Marks and Tattoos (SMT) data will potentially be found on the Criminal History responses or from your own agency s previous booking information. For data listed in the TX or III responses, you will enter one on the initial Conditions of Bond screen. Others will be entered later during supplemental data entry.
TCIC CONDITIONS OF BOND RECORD ENTRY Bonds and/or the TCIC Data Collection form may have the Social Security Number (SOC) annotated. If not, and a Criminal History record was found for the subject, enter the number from that source. Your agency may have this type of information in other sources such as booking data. If more than one SOC is found, additional numbers will be entered later during supplemental data entry. Only enter information that is true and correct for the subject of your warrant. Example: The Social Security Administration will not issue a SOC of 111-11-1111. Bonds and/or the TCIC Data Collection Form may have the criminal SID# listed. Verify against any Criminal History record found for the subject. In either case, enter the number in the State ID# (SID) field via OpenFox Messenger. Note currently there is not a function in OpenFox to add other state SID numbers as supplemental data.
TCIC CONDITIONS OF BOND RECORD ENTRY Bonds or the Data Collection Forms may reflect a Personal ID number issued by a state s Driver License entity. If not, and a Criminal History record was found for the subject that shows a DL or ID#, you can query that state s DL system, and where a Personal ID exists, enter the number from that source in the Miscellaneous Number (MNU) field as PI-nnnnnnnn, then add specific information to the MIS field similar to MNU/PI=Texas Issued Personal ID (or whatever state issued it). Only enter information that is true and correct for the subject of your entry. NOTE: For a while, Texas DPS re-issued driver license and personal ID numbers.
TCIC CONDITIONS OF BOND RECORD ENTRY There is no specific pattern defined by DPS or legislative action for the order of the actual Bond Conditions within the TCIC record. Your agency may specify an order, based on safety issues (either for the protectees/victims or for officers). Lesson learned: The COB remarks field is relatively short. Some codes require the Remarks field contain data. Suggest entering one of those in your base record of TCIC or code 14. Can enter SEE MIS in the remarks where there is insufficient space for all conditions of all records for the one defendant.
TCIC CONDITIONS OF BOND RECORD ENTRY Alien Registration and Military ID numbers are also entered into the MNU field. Data such as this will typically be found on the NCIC III criminal history response. It is likely where a State Issued Personal ID is known that you will want to enter that into the primary record field, adding the other identifiers as supplemental MNUs. This practice will be determined by YOUR agency. Example: Travis County SO- if there is a MNU/PI and a MNU/AR, enter the MNU/PI in the base record, and the MNU/AR in the supplemental data. An officer will typically ask for a form of photo ID during interaction rather than an Alien Registration document. As with other TCIC/NCIC person records, there can only be 9 supplemental MNUs. Texas CCH may contain numbers for licensed individuals within the state. Those are not eligible for entry into the TCIC/NCIC databases since you cannot query CCH using those numbers.
TCIC CONDITIONS OF BOND RECORD ENTRY FBI Number/UCN (FBI). Enter the FBI number reflected on the NCIC III Criminal History record response, if such a record is found. Where the Texas CCH and FBI responses do not reflect the other entity s number, send an email to error.resolution@dps.texas.gov asking for review for potential synchronization of the two databases. Examples: Texas CCH does not have an FBI number. NCIC III full rap sheet shows a Texas arrest, but does not list the Texas SID.
TCIC CONDITIONS OF BOND RECORD ENTRY Fingerprint Classification (FPC). Enter the data found on the criminal history response in the field named also FPC. There will be 20 characters- 2 for each finger. If FPC data exists within both the Texas CCH and NCIC III, your agency should have a policy stating which to enter into the warrant record. Example: Travis County SO uses the NCIC III FPC data. If there is no NCIC III FPC data, and there is FPC data in Texas CCH, enter the data from Texas CCH.
TCIC CONDITIONS OF BOND RECORD ENTRY Bonds may list the defendant/subject s driver license number or it could be listed on the TCIC Data Collection Form. After verification through a DL inquiry, enter the number into the OLN field, along with the issuing state and year of expiration, just as with warrants. Only enter Driver License and Airplane Pilot License Numbers into this field. A state issued personal ID is entered, as discussed previously, into the MNU field as PI-nnnnnnn. Texas DPS issues a DL Number or ID Number when a person begins the paperwork to request the form of identification. If the person does not successfully complete the process, there will be no year of expiration noted in the Texas DL system response. It s not a good number for data entry of a TCIC/NCIC record because it is not valid! Also, for a couple of years, DPS re- issued DL numbers.
TCIC CONDITIONS OF BOND RECORD ENTRY The Texas statute requires defendant address data. It should be entered as written on the Bond or TCIC Data Collection form. Caution should be exercised in entering the address shown on a DL system response. It is not stipulated on the TLETS return when the address data was last updated for the DL/ ID card.
TCIC CONDITIONS OF BOND RECORD ENTRY Some Bonds or the TCIC data collection form could contain vehicle information. Where that is the case, it should be entered into the TCIC record. Caution should be exercised in entering vehicle data where the vehicle is not registered to the warrant subject. Verify registration information via TLETS/Nlets queries.
TCIC CONDITIONS OF BOND RECORD ENTRY This portion of the record entry will include information regarding the primary victim named in the TCIC Data Collection Form. Follow the same concepts of data entry as exist for the Primary Protectee named in Protection Order processes.
TCIC CONDITIONS OF BOND RECORD ENTRY Where the full complete name does not fit into the name field, whether the name is the base record name or supplemental name, the entire complete name is to be entered in the MIS field. Example: Complete name = SUPERCALIFRAGILISTIC,MARY POPPINS Additional information may be entered into the MIS field that reflects the information shown on the Bond or TCIC Data Collection form that you were not able to enter into any other field. There are a few gotchas : Do not enter HIV related information. Periods are prohibited. The MIS field is only 500 characters.
TCIC CONDITIONS OF BOND RECORD ENTRY Where multiple names, DOBs, numerical identifiers, and SMTs are found during the preparatory research, that exceed the number of those items that TCIC will allow during supplemental record entry, the additional information is to be added within the MIS field. Below are the standards set for TCIC/NCIC person records. 99 Alias Names 9 Scars, Marks, Tattoos 9 Date of Birth 9 Owner License # 9 Miscellaneous # 9 Social Security # 10 Caution/Medical Conditions 9 License Plate Sets 9 Vehicle sets 9 Address sets 9 Citizenship 9 Image numbers
TCIC CONDITIONS OF BOND RECORD ENTRY Lesson learned: When TxDPS first implemented the Condition of Bond records, we were instructed to condense all bond information for all cases into one TCIC entry. That is no longer the policy. Each bond stands alone now with all conditions for that one bond listed in that one TCIC record based on the cause number/warrant number. THANK YOU, DPS, FOR LISTENING!
TCIC CONDITIONS OF BOND RECORD SUPPLEMENTAL DATA ENTRY Identify the record you are going to be adding information to. Use the OCA and the complete name as you typed it previously for the initial record entry.
TCIC CONDITIONS OF BOND RECORD SUPPLEMENTAL DATA ENTRY This information is specific to the Defendant: Screen shot continued: Additional data can be found in the Criminal History records, Driver License Records, and local agency information sources. Key up to 9 total data elements in one screen.
TCIC CONDITIONS OF BOND RECORD SUPPLEMENTAL DATA ENTRY Follow the same principles previously discussed for the entry of address and/or vehicle supplemental data. Remember Only enter information that is true and correct for the subject of your warrant.
TCIC CONDITIONS OF BOND RECORD SUPPLEMENTAL DATA ENTRY This information area is for adding any additional people shown as protected on the Bond or TCIC Data Collection Form. For multiple protectees/victims, and their address information, follow the same process as with protectees/victims named in Protection Orders.
TCIC CONDITIONS OF BOND RECORD SUPPLEMENTAL DATA ENTRY It is likely there will be more than one condition on the bond(s). This form and the Bond Conditions fields are the avenue for entry. There is no specific order in which to enter the conditions. If you use a code that requires COB Remarks, there must be remarks in the initial record already entered.
TCIC CONDITIONS OF BOND RECORD PROTECTED PERSON - SUPPLEMENTAL DATA ENTRY This information is for adding specific information for people shown as protected on the Bond or TCIC Data Collection Form. For multiple people, follow the same process as with Protectees named in Protection Orders.
WHAT COMES NEXT? REVIEW YOUR WORK
TCIC CONDITIONS OF BOND RECORD DATA ENTRY FINESSE Query your record using the QBN or ZW. Compare the Bond and TCIC Data Collection form to the TCIC record. Check the TCIC record to be sure it contains all appropriate/applicable data shown in TxCCH and NCIC III. Check the TCIC record to be sure it contains all appropriate/applicable data shown in Driver License System responses.
TCIC CONDITIONS OF BOND RECORD DATA ENTRY FINESSE Modify base record if needed using the transaction MBN. Using transaction ENBN, add additional information missed in the first round of supplemental data entry in the same manner described previously. Remove incorrect data (typos) using the XNBN transaction.
Pam Pierce TCSO Central Warrants Office Manager TCSO Terminal Agency Coordinator TLETS/TCIC Associate Trainer 512 854-9854 pam.pierce@traviscountytx.gov