Persons who have been prosecuted and convicted
via complaint (i.e., penal summons) and are sent
to the police for booking shall be processed as
outlined in this directive.

BACKGROUND

Before 1985, a person could be found guilty
and sentenced by the courts on a criminal
offense but not have a criminal record.
This occurred because the person was prosecuted
via a penal summons, not an arrest, and did
not go through the identification and booking
process.

Since Act 119 (1985 Session Laws) amended
Section 846 2.5 of the Hawaii Revised
Statutes, the courts have ordered all persons
convicted in a penal summons case to appear
before the police or sheriff for identification
and recordkeeping purposes. The following
procedures shall apply when an individual
reports to a police station with a court
order for identification processing.
PROCEDURES

A. The person reporting for processing for
a conviction via a penal summons complaint
will have documents that have to be signed
by the officer in charge of the receiving
desk (i.e., the court order requiring the
defendant to report for identification
processing). Information for the Offender-
Based Transaction Statistics/Computerized
Criminal History (OBTS/CCH) arrest report
is contained in these documents.

B. The person should be left in the adult
bail out holding area until the OBTS/CCH
arrest report is completed.

C. OBTS/CCH Arrest Report

1. Booking personnel shall complete the OBTS/CCH
arrest report as indicated on the attachment.

2. In the synopsis portion of the OBTS/CCH
arrest report, officers shall indicate that
this individual was processed for identification
purposes only, in accordance with a court
order following a penal summons conviction.

3. The booking officer shall submit the
OBTS/CCH arrest report for review and approval to the
on-duty supervisor.

D. Fingerprints/Photograph

When the officer has completed the OBTS/CCH
arrest report, the person shall be searched
and brought into the processing area to be
fingerprinted and photographed. The procedures
for fingerprinting and photographing as
outlined in Policy 7.01, ARRESTS AND ARRESTED
PERSONS, shall be followed.

E. RELEASE OF INDIVIDUAL

1. When the booking process is complete,
the officer in charge of the receiving
desk shall sign the court documents and
the documents will be returned to the
individual.

2. The individual shall be instructed to
return the signed court documents to the
Department of the Prosecuting Attorney.

3. The individual shall be released if
no incarceration has been ordered.