Forth Test Flashcards
Commitment
An order signed by the magistrate detecting the sheriff to receive and place in jail the person so committed.
Warrant of Arrest
A written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body accused of an offense, to be dealing with according to law.
Capias
Issues by a judge of the court having jurisdiction of a case after commitment or bail and trial, or by a clerk at the direction of the judge- directed to any peace officer
Requisites
-in the name of The State Of Texas
-name the person whose arrest is ordered, if no make describe
-specify the offense in which accused
-that it name the court to which the time when it is returnable
-that it to be dated and attested officially by the authority issuing
Capias or Summons in felony
A Capias shall be issued by the district clerk upon each indictments for felony presented, after bail has been set or denied by the judge of the court.
A summons issued to any person must be clearly and prominently state in ___________.
English and Spanish
Capias Pro Fine
-When defendant has been committed to jail in default of the fine and cost adjudged against him
-further enforcement of judgment
Writ is
A written command
Writ of attachment
An attachment is a writ issued by a clerk of a court under seal or by a magistrate commanding a peace officer to take the body of a witness and bring him before a court
Attachment of Convict Witnesses
Wanted at the Bench
Attachment of Resident Witness
When a witness resides in the county of the prosecution
Certificate Copy of Judgment and Sentence
-Authority for confinement
-shall be sufficient authority for the sheriff to place such defendant in jail
Magistrate Warrant (Fugitive)
Fugitive form justice from another state
Custody of Prisoners
When a prisoner is committed to jail by warrant for the magistrate or court, he shall be placed in jail by the sheriff
Refusing to execute writ
11.60- shall be liable to fine as a contempt of court.
Neglecting to excruciate process
2.16 - fine fro contempt not less than ten nor more that two hundred dollars, at the discretion of the court.
Permitting or Facilitating Escape
PC 38.07 A person commits an offense if he knowingly causes a facility the escape of one who is in custody
What are the different types of credentials required before receiving an inmate
-Agency Credentials
-A person specially named to execute process
Methods of obtaining an inmates identification
-State issues drivers license/ID
-Run computerized Criminal History (CR43)
-Automated Fingerprint Identification System (AFIS)
-Contact Supervisor
How often should an inmates status be updated
Should be checked and updated daily
What are the ramifications of not updating an inmates file?
-Criminal Liability
-Civil Liability
List requirements for identifying inmate
-reviewing prior photographs
-fingerprints confirmation though Automated Fingerprint Identification System (AFIS)
Failure to Identify
PC 38.02
An inmate’s physical condition should be recorded at the time of booking to
Prevent possible litigation
List requirements for preparing identification photographs
-verifying agency ID# and correct date
-Front, side, left, right view with and without accessories
-retain photos according to department policy
Inmate photos should be retains according to ?
Department policy
Explain considerations to take usable set of fingerprints
-Denote any irregular of the inmate hands prior to
-Distilled water helps to enhance ridge detail
-have inmate wash hands with soap and water or waterless hand cleaner.
Recommended equipment for in fingerprints
-Ink plate with printer ink or ink pad
-Appropriate finger card
-Cardholder
-Roller
-Spatula
Proper method of taking prints?
-Inmate should stand in front of and at forearm length
-Take advantage of natural movement rotate from more difficult to easy position
What are the two types of impressions?
-Rolled:the finders are rolled individually
-Plain impression: all fingers are taken simultaneously
Booking definition
Recording of certain information relating to the inmate during the admission process
Upon booking a fine in each inmate shall be established, file shall include
-Gender
-Marital Status
-Disability warranting special accessibility consideration
Records
Process of booking
What are Health Tags
May identify the inmates having special medical or mental health needs
Health Records show
-Health History
-Current Illness
-Known Pregnancy
-Current medical, mental,dental and treatments
-behavioral observations, state of consciousness, body deformities, movement, condition body orifices, lice or vermin
What form shall be completed and forwarded to the receiving criminal justice facility?
Texas Uniform Health Status Update form
What should be checked before release?
Existing wants it warrants
Detainer definition
Agency authorities to retain a person in custody pending fulfillment of legal obligation to transfer for another jurisdiction
Escape form Custody report
-Shall be notified within 24 hours to TCJS
-report of the escape shall be available to review by Commission upon request
Must I form inmate of?
-The right to bond
-The inmate amount to bond
Family Violence
Department can detain for 4 hours
Magistrate can detain for 24 hours but no more than 48
Phone calls shall be allowed
-Immediately after booking but not later than 4 hours after arrival, and be allowed two phones calls
After booking inmate will be allowed to contact attorney
