§708. Preparation of complaints
The clerk may, in the absence or unavailability of a justice of the peace or of a prosecuting attorney or any of his assistants, prepare and draft complaints upon the request of any law enforcement officer, except that no complaint shall issue to any person who is not a law enforcement officer or for any criminal homicide or Class A, B or C crime unless approved by the district attorney or his designee or the Attorney General or his designee. [PL 1987, c. 736, §25 (AMD).]
Except in prosecutions instituted by the Attorney General or his designee, the district attorney or his designee shall, whenever practical, prepare all complaints for criminal homicide and Class A, B and C crimes and for all complainants who are not law enforcement officers. No complaint shall be filed nor process issued until such time as the complainant has made oath to the complaint or process before the proper official. [PL 1977, c. 579, §E, § 1 (NEW).]
Each district attorney shall establish written guidelines for the approval of issuance of complaints pursuant to this section. In those guidelines, the district attorney may extend the above procedure to Class D and E crimes, provided that the approval of the district attorney shall not be necessary for any complaint issued with the approval of the Attorney General or his designee. [PL 1977, c. 579, §E, § 1 (NEW).]
Whenever a complaint is not approved for prosecution by the district attorney or his designee, or the Attorney General or his designee, he shall, if requested, inform the complainant, orally or in writing, of the reasons therefor. [PL 1977, c. 579, §E, § 1 (NEW).]
SECTION HISTORY
PL 1969, c. 504, §§24-I (NEW). PL 1973, c. 567, §20 (AMD). PL 1977, c. 579, §E1 (RPR). PL 1987, c. 736, §25 (AMD).