GS #19: Prosecuting Attorneys retention schedule.

These records are used to support administrative analysis, program and project planning, procedure development, and programmatic activities. Subject files are generally organized alphabetically by topic. Document types may include periodic activity reports (narrative and statistical), special reports, topical correspondence (including electronic mail), research materials, project planning notes, organizational charts, etc. Subject files do NOT include files related to individual program activities, human resources files, and accounting records. For topics of continuing interest, files may be segmented into annual files.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.100; approved 5/1/2007

General correspondence does not pertain to a specific issue and it is often organized chronologically or by correspondent’s name. General correspondence may include referral correspondence. If the correspondence does pertain to a specific issue it should be filed with other relevant records. General correspondence may exist in a variety of formats, including memos, letters, notes and electronic mail messages. This series also includes automated or manual tools that index and/or track when correspondence was received, the topic of the correspondence, who is responsible for responding to the correspondence, and when the correspondence is considered closed for further action.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.101; approved 5/1/2007

Transitory correspondence is any form of written communication with a short-term interest that has no documentary value and need not be retained more than 30 days. This type of correspondence has limited administrative and evidential value that is lost soon after the communication is received. Transitory messages do not set policy, establish guidelines or procedures, certify a transaction or become a receipt. Examples of transitory correspondence include letters of transmittal that do not add information to the transmitted materials, routine requests for information that require no administrative action, policy decision, special compilation or research. This type of record also includes invitations to work-related events, notifications of an upcoming meeting, and similar records.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.102; approved 5/1/2007

This file will document any requests for information or public records maintained by the prosecutor’s office. They may include requests for information, correspondence, a copy of the information released, and billing information.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.103; approved 5/1/2007

These may be electronic or manual planners and calendars that are used to track an individual staff member’s work-related meetings, assignments, and tasks. Individual employees are responsible for retaining their planners and calendars for the duration of this retention period.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.104; approved 5/1/2007

These records document staff meetings, meetings with other government agencies, etc. They may include meeting minutes, agendas, and distribution materials, etc. Meeting records may also be retained in subject files, if they relate to a specific project.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.105; approved 5/1/2007

These records document the amount of money that is appropriated for each account and line item for the current and previous fiscal years. They may include budget requests, statistics, budget amendments, budget summaries and balance sheets, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.106; approved 5/1/2007

These records document when the prosecutor’s office is reimbursed for expenses by other parties, such as the Prosecuting Attorneys Coordinating Council, the Department of Human Services or the Secretary of State. These records are used to verify the accuracy of the reimbursement. The actual payments are handled by the county’s accounting or business office.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.107; approved 5/1/2007

These files are used to administer grants that are applied for by the office from state, federal and private agencies. Examples of grants include victims rights projects, child support projects, training programs, etc. These files may contain applications, budgets, worksheets, adjustments, plans, rules and regulations, award letters, committee records, staffing sheets with account numbers, grant evaluation and monitoring reports, audits, periodic progress reports, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.108; approved 5/1/2007

These records may include press releases, brochures, newsletters, annual reports and other items that are published by the office. Offices are strongly encouraged to keep one copy permanently for historical purposes.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.109; approved 5/1/2007

These records document office policies, procedures, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.110; approved 5/1/2007

These files document official presentations conducted by the Prosecuting Attorney and staff. They may contain electronic presentations, speaker notes, formal papers, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.111; approved 5/1/2007

This series includes photographs, news clippings, certificates, awards, etc. that document events and activities of the office. Offices are strongly encouraged to retain select items permanently for historical purposes.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.112; approved 5/1/2007

Grievances may be filed against an attorney for malpractice. These cases are investigated by the Attorney Grievance Commission. There records may include accusations, responses, judgments, correspondence, copies of case documents, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.113; approved 5/1/2007

Warrant requests may be received from police agencies, the Department of Human Services, businesses and the Department of Attorney General. These records represent cases that were reviewed by prosecuting attorney and were denied. They may include warrant requests, investigative reports, photographs, 911 recordings, medical records, lab reports, etc. The prosecutor’s office may return these documents to another agency for recordkeeping purposes.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.200; approved 5/1/2007

These records document the prosecution of misdemeanor cases (any crime with a potential sentence of less than 2 years) at a District Court. These files may include police reports, notices, complaints, correspondence, appearances, subpoenas, motions, 911 recordings, photographs, video recordings, medical records, lab reports, victim impact statements, forensic reports, extraditions, LEIN information (removed from the file after the case is closed), case notes, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.201; approved 5/1/2007

These records document the prosecution of civil infraction cases (generally traffic citations) at a District Court. These files may include the ticket, notices, LEIN information, case notes, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.202; approved 5/1/2007

These records document the prosecution of felony cases (any crime with a potential sentence of more than 2 years). These files may include police reports, bench warrants, writs, line ups, grand jury investigations (sealed), notices, complaints, correspondence, appearances, subpoenas, motions, victim impact statements, lab reports, transcripts, 911 recordings, photographs, video recordings, medical records, psychological evaluations, forensic reports, extraditions, judgment of sentence, pre-sentence investigation, restitution, LEIN information, OTIS information, exhibits, evidence release forms, case notes, etc. These cases originate at the District Court, but may be appealed to higher courts. Appealed cases will also contain briefs.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.203; approved 5/1/2007

These records document the prosecution of capital offense cases (any crime with a life sentence). These files may include police reports, bench warrants, writs, line ups, grand jury investigations (sealed), notices, complaints, correspondence, appearances, subpoenas, motions, victim impact statements, lab reports, transcripts, 911 recordings, photographs, video recordings, medical records, psychological evaluations, forensic reports, extraditions, judgment of sentence, pre-sentence investigation, restitution, LEIN information, OTIS information, exhibits, evidence release forms, case notes, etc. These cases originate at the District Court, but may be appealed to higher courts. Appealed cases will also contain briefs.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.204; approved 5/1/2007

These records document the prosecution of offenders who deny that they have violated a personal protection order. These files may include the personal protection order, violation police report, LEIN information, subpoena, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.205; approved 5/1/2007

Prosecuting attorneys will represent the Secretary of State in court when supporting or rejecting a request to restore a driver’s license. If the court denies the request, the prosecutor’s office will produce the order for the court. These files may include a report received from the Secretary of State, driving record, appearance, transcripts, etc. These files are returned to the Secretary of State after the hearing is completed.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.206; approved 5/1/2007

These records document the prosecution of juveniles (up to age 16) for any offense (misdemeanors, felonies, civil infractions and status offenses). Juveniles are prosecuted in their county of residence, not the county in which the crime was committed. These files may include police reports, bench warrants, writs, petitions, correspondence, notices, appearances, subpoenas, motions, orders, transcripts, 911 recordings, photographs, video recordings, medical records, psychological evaluations, forensic reports, school records, pre-sentence investigation, pre-disposition reports, restitution, probation reports, LEIN information, OTIS information, exhibits, evidence release forms, case notes, etc. These cases originate at the Probate Court, but may be appealed to higher courts. Appealed cases will also contain briefs.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.207; approved 5/1/2007

These records document the prosecution of parents or guardians for child abuse or neglect. These files may include allegation reports prepared by the Department of Human Services, police reports, petitions, summons, orders, notices, motions, subpoenas, appearances, 911 recordings, photographs, video recordings, medical records, psychological evaluations, forensic reports, proof of service, school records, briefs, LEIN information, OTIS information, newspaper notices, correspondence, case notes, etc. These cases originate at the Probate Court, but may be appealed to higher courts.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.208; approved 5/1/2007

The prosecuting attorney represents the family member(s) or guardian(s) in Probate Court when they file a commitment order for a mentally ill or developmentally disabled individual. These files may include the order, hospital and physician reports, subpoenas, motions, notices, correspondence, case notes, etc. These records will be retained by the county of origin, which may not be the county that represents the case in court.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.209; approved 5/1/2007

The prosecuting attorney will represent the child on behalf of the Circuit Court, Family Division to establish paternity and/or child support. The Friend of the Court will monitor and enforce payments after the order is issued. These files may include support and/or paternity orders, parental information, employment information, income information, DNA testing reimbursement, requests from the Department of Human Services, case notes, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.210; approved 5/1/2007

These records document when respondent's property is seized in a drug related case and a civil suit is filed. These files may contain police reports, property inventory, pleadings, notices, criminal history, case notes, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.211; approved 5/1/2007

These records document the prosecution of violations of county ordinances in civil court. These files may include a copy of the ordinance, orders, motions, correspondence, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.212; approved 5/1/2007

This database is used to generate warrants, check court schedules, generate statistical reports, and to track the status (events) of all adult cases handled by the prosecutor’s office. Data may include case tracking number, defendant information, police information, incident information, charges, witness information, event schedules, sentencing information, probation information, disposition information, diversion information, case notes, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.300; approved 5/1/2007

This database is used to generate warrants, check court schedules, generate statistical reports, and to track the status (events) of all juvenile cases handled by the prosecutor’s office. Data may include case tracking number, defendant information, police information, incident information, charges, witness information, event schedules, sentencing information, probation information, disposition information, diversion information, parent or guardian information, tribal information, school information, DHS information, gang information, case notes, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.301; approved 5/1/2007

This index is used to keep track of all cases, regardless of case type or court. Indexes may be in the form of cards, logs, spreadsheets, databases, etc. It may contain the defendant’s name, address, birth date, case number, attorney name, police agency, charge, date of offense, disposition, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.302; approved 5/1/2007

This log tracks when a police agency requests the prosecutor to review a case prior to decided whether to file charges. A complaint review form is completed by the attorney and is returned to the police agency. The log may contain the date received, police agency, suspect’s name, attorney, date returned, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.303; approved 5/1/2007

This log is used to register new warrant requests and to keep track of the request until charged are authorized or denied by the prosecuting attorney. It may contain the date received, police agency, defendant name, charge(s), issued, authorized, and/or denied date, attorney, typist, date of assignment, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.304; approved 5/1/2007

This index is used to keep track of all neglect and abuse cases. Indexes may be in the form of cards, logs, spreadsheets, databases, etc. It may contain the parent or guardian’s name, name(s) of child(ren), birth dates, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.305; approved 5/1/2007

This log is used to register new neglect and abuse cases. It may contain the date received, case number, children’s names, parent’s names, Department of Human Services case worker, attorney, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.306; approved 5/1/2007

This log is used to register new juvenile delinquency cases. It may contain the date received, case number, juvenile’s name, attorney, police agency, charge, transfer note (if the juvenile resides in another county the case will be transferred to that county), etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.307; approved 5/1/2007

This log is used to track when briefs are received for review and response by the office. It may contain the date received, attorney, due date, response date, case tracking number, charges, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.308; approved 5/1/2007

Caseload statistics are tracked to generate reports on a monthly, annual and ad hoc basis. Statistics may be tracked in logs, spreadsheets, databases, etc. These records may contain authorization dates, offense dates, defendant’s name, charge(s), charge code, attorney, etc.

DTMB General Schedule #19 (Prosecuting Attorneys), item 19.309; approved 5/1/2007