MEMORANDUM OF AGREEMENT

Between
WAYNE COUNTY OFFICE OF THE SHERIFF
And
LOCAL AND STATE POLICE AGENCIES

POLICY: Establish an agreement between the Wayne County Office of the Sheriff and the police
agencies, hereinafter referred to as Police, operating within Wayne County allowing the police
to utilize the Wayne County Jail on an as needed basis.

INTENT: The intent of this agreement is to allow the use of the Wayne County Jail by the Police
for holding arrestees who require arraignment in local and/or superior courts located with
Wayne County.

AGREEMENT: The Wayne County Office of the Sheriff agrees to accept arrestees in the custody
of the Police to be temporarily housed within the Wayne County Jail and to safely and securely
maintain custody of these individuals under the terms of this agreement.

PROCEDURE: The following terms and conditions shall remain in effect for the duration of this
agreement.

1. Arrestees in the custody of the Police shall be accepted into the Wayne County Jail
during the times that the various local courts are not in normal session subject to
the following.

2. All arrestees must be determined fit for confinement by the Sheriff’s Booking Room
Officer before a determination is made whether custody will be transferred to the
Sheriff.

3. The intake garage and sallyport will be utilized to provide a secure transfer from the
member of the Police to the Booking area. The Police are required a secure transfer
from a member of the Police to the Booking area. The Police are required to search
arrestees on camera, inside the intake garage where it is out of the elements and
well lit, before Police will be allowed to enter the booking sallyport. All arrestees
must be in handcuffs prior to entry into the intake garage and remain in handcuffs
until the Booking Officer approves removal.

4. Arrestees with immediate medical needs will not be accepted for admittance to the
Sheriff’s Booking Room. In the event an arrestee is presented in need of immediate
medical attention such medical attention will be summoned. The Police will retain
custody of the arrestee.
5. Only arrestees awaiting arraignments charged with the below listed E Felonies that
per NYS Criminal Procedure Law Section 150.20(2) cannot be issued an appearance
ticket, E Felonies classified as Violent Felonies (VF) or D Felonies or above are eligible
for admission. However, the following may be acceptable for admission subject to
the provisions of section 10 of this agreement.

a. Arrests for domestic violence related incidents, or for the incidents involving
offenses where an order of protection is needed;

b. Persons arrested based on Warrants of Arrest as described in CPL Article 120

and Bench Warrants as described in CPL 530.70 are also eligible;

c. E Felonies eligible for admissions:

PL 130.25 Rape in the 3rd degree
PL 130.40 Criminal Sexual Act in the 3rd degree
PL 130.53 Persistent Sexual Abuse (VF)
PL 130.65 Aggravated Sexual Abuse in the 4th degree (VF)
PL 205.10 Escape in the 2nd degree
PL 205.17 Absconding from temporary release in the 1st degree
PL 205.19 Absconding from a community treatment facility
PL 215.56 Bail Jumping 2nd degree
PL 240.55 Falsely Reporting an Incident in the 2nd degree (VF)
PL 240.61 Placing a False Bomb or Hazardous Substance in the 2 nd degree
PL 265.02 Attempt to Commit Criminal Possession of a Weapon in the 3 rd
degree subdivision 5, 6, 7 or 8. (VF);

d. Driving While Intoxicated or Impaired refusals;

e. Aggravated Unlicensed Operation 1st degree;

f. Driving While Intoxicated (any felony);

g. PL 205.05 Escape 3rd.

6. The arresting Police member should attempt to issue Appearance Tickets to ensure
the appearance of arrestees at court appearances in appropriate circumstances and
when authorized by CPL 530.20. When Appearance Tickets will be used to secure the
arrestee’s appearance in court, pre-arraignment bail may be set in accordance with
requirements of CPL 150.30. If pre-arraignment bail is set by the Police, arrestees
will be afforded the opportunity to post such bail prior to admission.
7. An “Un-arraigned Checklist” form shall be completed by a member of the Police. The
original will be forwarded to the Booking Officer with the arrestee. (This form will be
provided by the Wayne County Office of the Sheriff to the Police upon entry) A copy
of the completed accusatory instrument(s), a criminal history (RAP sheet) originating
from the arresting agencies ORI and all necessary paperwork to complete the
arraignment will be submitted to the Booking Officer. Police are responsible for
completion of arrest processing to include fingerprint and photograph submission.
Fingerprint and photo submission can be accomplished at the Sheriff’s Booking or at
the terminal at another agency. Regardless, the Police will supply a copy of the
criminal history to the Booking Officer. Sheriff staff will retain the rap sheet and
allow the court to view it if the court desires. The Sheriff’s staff will shred the
criminal history and not disseminate to any other party.

8. In the event of an incident (i.e. medical emergency/mental health emergency) that

occurs after the arrestee has been screened and processed by the Booking Officer,
the Correction staff will hold the subject and seek medical and/or mental health
attention.

9. The Sheriff and the Sheriff’s designee reserve the right to refuse admittance to any
individual for any reason.

10. The Police may choose to hold an arrestee in their custody until one of the two daily
prescribed Centralized Arraignment times occur if the arrest does not meet the
requirements of this agreement. Should the Police elect to hold the arrestee they
must notify the Booking Officer of their intention to arraign arrestee the next
scheduled arraignment time. The Booking Officer will make the proper notifications
to all parties needed to conduct the arraignment.

11. Prior to transporting an arrestee, the Police will contact the 911 center who will in
return contact the jail.

12. The Police member(s) transporting the arrestee shall ensure that the arrestee has
been properly searched for weapons and contraband. Any personal property of the
arrestee should be logged in and secured in a property envelope by the police
agency. The property envelope will be brought to the Wayne County Sheriff’s
Booking along with the arrestee in the event the arrestee later makes bail or
released.
 13. If the arrestee is able to post the pre-arraignment bail previously set while held at
the Sheriff’s Booking, such bail can be posted at the Jail and the completed
appearance ticket will then be issued.

14. A copy of the forms “Un-arraigned checklist”, the accusatory instrument(s) along
with all paperwork required for arraignments will be maintained in the
detainee/inmate file.

15. Arraignments will be held in the Jail’s Lower-K Multipurpose Room. Correction staff
will bring the arrestee to the arraignment area and remain throughout the
proceedings. Police members may also be present during the proceedings as well.

16. If the arrestee is released on bail, or is released after arraignment, the Sheriff’s
Office will make this information available to the Police agency upon their request.

TERMINATION: The Police hereby agree to abide by the terms of this Agreement. It is
expected that this Agreement will remain in effect for the foreseeable future. The Sheriff
reserves the right to terminate this agreement upon reasonable advanced notice to any police
agency.

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Wayne County Sheriff Print Date

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Clyde Police Department Print Date

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Macedon Police Department Print Date

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Newark Police Department Print Date

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Palmyra Police Department Print Date
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Sodus Police Department Print Date

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Wolcott Police Department Print Date

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NY State Police Print Date

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NY DEC Police Print Date