221.510. Pending outstanding warrants in MULES and NCIC systems, inquiry conducted, when (Jake's Law).
Pending outstanding warrants in MULES and NCIC systems, inquiryconducted, when (Jake's Law).
221.510. 1. Every chief law enforcement official, sheriff, jailer,administrator of a private jail, department of corrections official andregional jail district official shall conduct an inquiry of pendingoutstanding warrants for misdemeanors and felonies through the MissouriUniform Law Enforcement System (MULES) and the National Crime InformationCenter (NCIC) System on all prisoners about to be released, whetherconvicted of a crime or being held on suspicion of charges.
2. No prisoner, whether convicted of a crime or being held onsuspicion of any charge, shall be released or transferred from acorrectional facility or jail to any other facility prior to having alocal, state or federal warrant check conducted by a law enforcementofficial, sheriff, authorized member of a correctional facility or jail, oradministrator of a private jail.
3. If any prisoner warrant check indicates outstanding charges oroutstanding warrants from another jurisdiction, it shall be the duty of theofficial conducting the warrant check to inform the agency that issued thewarrant that the correctional facility or jail has such prisoner incustody. That prisoner shall not be released except to the custody of thejurisdictional authority that had issued the warrant, unless the warranthas been satisfied or dismissed, or unless the warrant issuing agency hasnotified the correctional facility or jail holding the prisoner that theagency does not wish the prisoner to be transferred or the warrant to bepursued.
4. If any person has actual knowledge that a violation of thissection is occurring or has occurred, such person may report theinformation to the attorney general of the state of Missouri, who mayappoint a sheriff of another county to investigate the report.
5. If a law enforcement official, sheriff, authorized member of thecorrectional facility or jail, or administrator of a private jail purposelyfails to perform a warrant check with the intent to release a prisoner withoutstanding warrants and which results in the release of a prisoner withoutstanding warrants, that individual shall be guilty of a class Amisdemeanor.
6. A law enforcement official, sheriff, authorized member of thecorrectional facility or jail, or administrator of a private jail shall notbe deemed to have purposely failed to perform a warrant check with theintent to release a prisoner in violation of this section, if he or she isunable to complete the warrant check because the MULES or NCIC computersystems were not accessible.
(L. 2001 H.B. 144 & 46, A.L. 2009 S.B. 44)