Rule 45 BCI Compliance Plan

BCI Compliance Plan

In accordance with Rule 5 (F) of the Rules of Superintendence for the Courts of Ohio, the Toledo Municipal Court adopts and maintains a compliance plan for obtaining and reporting Fingerprints and Case Dispositions; Bureau of Motor Vehicle related convictions and points; Protections Orders; and Sealing and Expunging Cases.

A)   Fingerprints and Case Dispositions

1)   Defendants are fingerprinted upon booking at the Lucas County Jail pursuant to ORC 109.60 (A)(1).

2)   If required fingerprints have not been taken before arraignment, the Clerk shall place an Order to Fingerprint in the case file.

3)   The Judge or Magistrate shall complete the Order to Fingerprint and require the defendant to be fingerprinted using the Court’s live scan machine pursuant to ORC 1901.43.

4)   The Clerk shall journalize the Court Order to Fingerprint.

5)   Upon fingerprinting the defendant, the Sheriff’s Office shall complete the return on the bottom of the Court Order. This return includes the ITN (Individual Tracking Number) generated from the fingerprint submission. The completed Order shall be filed at the Clerk’s Office and journalized.

6)   The Clerk shall electronically transmit case dispositions to the Bureau of Criminal Investigation and Identification (BCI&I) weekly pursuant to ORC 109.57 (A)(2). Reporting occurs each Saturday and shall be docketed on the electronic journal of each applicable case.

B)    Bureau of Motor Vehicle related convictions and points

1)   The Clerk shall report convictions of traffic violations to the Bureau of Motor Vehicles (BMV) pursuant to ORC 4510.03 and R.C. 4513.37.

2)   The Clerk shall report to the BMV any person who fails to provide proof of financial responsibility pursuant to ORC 4509.101.

3)   The Clerk shall report to the BMV electronically via FTP. Reporting occurs daily, seven (7) days after conviction.

C)   Protection Orders

1)    Motions for Protection Order are filed with the Clerk of Court after a criminal complaint is filed pursuant to ORC 2151.34, 2903.213, 2903.214, 2919.26, and 3113.31.

2)   The Clerk shall journalize the filing of the motion.

3)   If the Court grants the motion; the Court Bailiff shall do the following:

         i.     Review and obtain the defendant’s signature on all required areas of the form.

        ii.     Provide a copy of the Order to the Defendant.

4)   Upon receipt of the completed Protection Order, the Clerk shall:

         i.     Enter the TPO information and scan the signed Order into the Court’s Protection Order System.

        ii.     Upon completion of this process, the TPO is automatically transmitted to Law Enforcement’s Warrant Application system.

       iii.     The law enforcement agency shall review the TPO, confirm the information, and transmit the TPO to the Ohio Law Enforcement Automated Data System (LEADS).

D)   Sealing and Expunging Cases

1)   Order of Sealing
Upon Order that a case is sealed, the Clerk shall do the following:

            i.     Seal the case in the Clerk’s case management system

           ii.     Send notice and copy of the Order to the Bureau of Criminal Identification and Investigation (BCI&I) pursuant to ORC 2953.32 (D)(4).

          iii.     Send notice and a copy of the Order to all other public offices and agencies that the Clerk knows or believes has record of the case.

          iv.     Send notice and a copy of the Order to the defendant or defendant attorney.

2)   Order of Expungement
Upon Order that a case is expunged, the Clerk shall do the following:

            i.     Expunge the case in the Clerk’s case management system

           ii.     Send notice and copy of the Order to the Bureau of Criminal Identification and Investigation (BCI&I) pursuant to ORC 2953.32 (D)(4).

          iii.     Send notice and a copy of the Order to all other public offices and agencies that the Clerk knows or believes has record of the case.

          iv.     Send notice and a copy of the Order to the defendant or defendant attorney.