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Posted March 6, 2006
2005 Crime Records and Justice Information Sharing
States continue to try to improve the justice system through, laws to improve justice information sharing and by the improving of crime records information systems. The following are laws passed in for 2005.
Crime Records
Interstate Compacts
Interstate Compact for Adult Offender Supervision
Interstate Compact for Juveniles
National Crime Prevention and Privacy Compact
AR HB 1052
Appropriates $28,597,533 to the Department of Arkansas State Police for operating expenses and construction of the Arkansas Wireless Information Network System.
AR HB 1184
Authorizes electronic monitoring and other methods of jail population management for all jails in Arkansas. Gives the police chief or sheriff the authority to rescind the method and return the offender to jail if conditions are not met.
AR HB 2116
Amends the Arkansas State Criminal Records Act and provides separate fees for providing criminal history information for noncriminal justice purposes by electronic submission or other means.
AR SB 262
Appropriates $950,000 to the Arkansas Crime Information Center, from the Crime Information System Fund for costs associated with an upgrade to the message switch processor.
CO SB 1078
Modifies the governing structure for the Colorado Integrated Criminal Justice Information System ("CICJIS") by replacing the program's task force with an executive board. Specifies the composition of the executive board. Recognizes the validity of electronic signatures used in CICJIS.
CA AB 900
Authorizes investigators, investigator's supervisors, and investigator's managers in the Department of Food and Agriculture to receive state summary criminal history information.
CA SB 647
Expands the list of people entitled to receive criminal history reports to include the attorney of record in a parole revocation or revocation extension proceeding.
CT HB 6815
Authorizes the commissioner of public safety to provide expedited criminal history record checks through a third party. Requires the commissioner to charge an additional $25 fee for each expedited record check.
CT HB 6893
Moves the Criminal Justice Information System Governing Board to the Office of Policy and Management for administrative purposes. Authorizes access of the data in the offender based tracking system to the chief information officer and the executive director of the information technology division of the judicial department.
CT SB 1133
Implements the National Instant Criminal Background Check System; provides for reporting the name, birth date, and physical description of any person prohibited from possessing a firearm.
CT SB 1135
Requires law enforcement personnel to photograph arrestees and send the photographs to the Bureau of Identification along with the fingerprints. If they take the fingerprints or photographs electronically, law enforcement personnel are required to send the electronic images. Requires the public safety commissioner, or his designee, to approve electronic imaging equipment used for this purpose.
DE HB 158
Provides for the automatic expungement of a juvenile record when a gubernatorial pardon is received.
DE SB 52
Provides for expungement of truancy court records when a case is closed because of compliance with all court orders and the student is attending school regularly.
GA HB 50
Authorizes the exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities. Establishes rules and regulations. Provides for fees.
GA SB 175
Authorizes the Georgia Crime Information Center to provide criminal history records, wanted person records, and involuntary hospitalization records information to the Federal Bureau of Investigation in conjunction with the National Instant Criminal Background Check System in accordance with the federal Brady Handgun Violence Prevention Act.
HI HB 1320
Requires the chief of police of each county to retain the dispatch tape recordings of all emergency 911 calls for a period of at least three years.
IL HB 1151
Requires the Department of State Police to prescribe the form and manner for requesting and furnishing conviction information. Requires the department to establish the maximum fee charged for processing requests for conviction information.
IA HB 685
Establishes the Child Identification and Protection Act. Prohibits governmental fingerprinting of children. Provides for exceptions.
KS HB 2128
Creates access to criminal history records and court records as necessary for employment and participation in any program for the placement, safety, protection or treatment of vulnerable children or adults.
LA HB 88
Establishes a central registry for the collection and dissemination of information on people who commit a violent crimes against a peace officer. Requires registration with law enforcement and assessment of fees.
MD SB 208
Adds an elected official from a municipal corporation to the Criminal Justice Information Advisory Board. Extends the commission on Public Safety Technology and Critical Infrastructure by one year.
MI HB 5275
Creates the Criminal Justice Information Systems Policy Council.
MI HB 5276
Requires all criminal history information that is associated with a state identification number and fingerprint information to be disseminated in response to a fingerprint based search of the criminal history record database. Does not require the dissemination of criminal history information that is not public or is prohibited by law from being disseminated.
MI HB 5277
Requires the Criminal Justice Information Systems Policy Council to provide for the establishment of policy and promulgation of rules governing access, use and disclosure of information in criminal justice information systems. Ensures access to crime information by qualified agents. Establishes penalties for the misuse of information. Requires the council to advise the governor on issues concerning the criminal justice information system.
MO SB 422
Requires expunged alcohol-related arrest and driving records to remain confidential and only available to the parties or by court order for good cause.
NH HB 643
Establishes the Criminal Justice Information System (J-One) to improve the effectiveness and efficiency of the criminal justice agencies through the capture of data at its source; to facilitate the distribution of criminal justice data electronically to authorized members; and to provide individual case and statistical queries electronically. J-One shall consist of a network of computers, including hardware, software, and telecommunications lines, which will be accessible only by criminal justice agencies and used only for the administration of criminal justice. Establishes the New Hampshire criminal justice information system board to oversee the development and implementation of J-One.
NJ SB 534
Permits law enforcement agencies to access juvenile central registry information, including court documents and probation status.
NJ AB 2420
Authorizes a $3 assessment on municipal court costs to upgrade the Automated Traffic System.
NJ SB 1211
Authorizes the New Jersey Network to broadcast emergency information to law enforcement agencies and other emergency personnel.
NY SB 3507
Makes change of name notification of certain felons applicable to all conviction.
NC HB 1328
Provides for the expunction of official records when a person is granted a pardon of innocence.
NC SB 737
Authorizes criminal records checks for municipalities and county governments.
OH HB 15
Requires the Department of Rehabilitation and Corrections to establish and operate an Internet database that contains information on each inmate in custody.
OK HB 1318
Authorizes fingerprint images to be taken and transmitted electronically.
OK HB 1553
Requires the Department of Public Safety to provide motor vehicle reports and driving records to authorized recipients. Authorizes the commissioner of public safety to destroy records deemed to be no longer of value. Expands the incident information available for public review. Requires the Department of Public Safety to keep internal department information confidential.
OR H 2101
Requires that the Office of Emergency Management coordinate work of public safety agencies in the state and work with the Interoperability Executive Council (created under the law) to develop a Public Safety Wireless Infrastructure Replacement Plan.
OR HB 2157
Permits authorized agents to request state and national criminal record checks from the Department of State Police.
OR HB 5168
Approves increased or new fees adopted by the Department. of State Police and approved by the Department of Administrative Services for fingerprinting, identification checks and services, criminal record checks, agency record checks, open record checks, and other checks.
TN SB 1663
Authorizes the expungement of judicial and law enforcement records pertaining to juvenile delinquency adjudications if the petitioner 1) IS at least 21 years old; 2) Is at least seven years removed from the most recent adjudication; 3) Has never been criminally convicted of any offense; and 4) Has been an upstanding citizen the seven years preceding the expungement request.
TX HB 269
Prohibits maintaining expunged records and files for any purpose.
TX HB 413
Requires that a notice of a petition or order for the expunction or nondisclosure of certain criminal records be delivered by secure electronic communication, if requested.
TX HB 967
Requires the Department of Information Resources to publish on the Department of Public Safety's Internet Web site or on another electronic publication a monthly report listing each arrest by local jurisdiction for which there is no corresponding final court disposition.
TX HB 3093
Permits a person whose criminal history record information has been sealed to state that they have not been the subject of any criminal proceeding related to the information in any application for employment, information or licensing. Creates violation penalties for any private entity that purchases criminal history record information from the department. Permits ex parte petitions for expungement of certain records. Permits the petition of an expungement regardless of whether the person has been previously placed on deferred adjudication community supervision for another offense.
VA HB 1966
Establishes a multiagency intelligence fusion center to receive and integrate terrorist-related intelligence and information. The fusion center is designed to support local, state and federal law enforcement agencies and others in preventing, preparing for, responding to and recovering from any terrorist attack.
VA HB 2632
Requires law enforcement officials making a report to the Central Criminal Records Exchange to include a photograph of the individual. Requires the Department of State Police and local police departments to establish written policies for conducting in-person and photographic lineups.
VA SB 317
Increases the age of a person for whom a missing child report is filed from 18 to 21.
VA SB 634
Requires the State Police to develop a fingerprint database for use in criminal background checks.
VA SB 1084
Increases fingerprint fees for noncriminal prints.
WA HB 1681
Extends the Joint Task Force on Criminal Background Check Processes to cover the feasibility of establishing a state registration program for private youth sports coaches and to review the practices of the Department of Social Services with respect to checking the backgrounds of its employees, applications for employment and candidates for promotion. Provides for an expansion in the task force's membership.
WV HB 3306
Allows fees charged for requests for information from central abuse registries to be used fo r criminal record keeping.
WY SB 132
Authorizes the dissemination of criminal history record information for the hiring of local and regional first responders. Authorizes these hiring entities to require the submission of a fingerprint for criminal record purposes.
In 2005, Massachusetts enacted the Interstate Compact for Adult Offender Supervision. The compact establishes procedures for information exchange to track offenders under correctional supervision. All 50 states have now adopted the compact. Six states enacted the Interstate compact for Juveniles in 2005, bringing the total number of states to 28. The compact standardizes procedures for the management, monitoring, supervision and return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control to states other than where they were sentenced. The compact also advances the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compact will go into effect after 35 states have become a party to it.
In 2005 four states enacted the National Crime Prevention and Privacy Compact, bringing the total number of participating states to 25. This compact establishes formal procedures and governance structures for the use and sharing of criminal information for non-criminal justice purposes.
MA HB4192
Enacts the Interstate Compact on Adult Supervision, providing for the tracking and supervision of offenders by sending and receiving states, and establishes an interstate commission that will provide uniform procedures for managing this population.
FL HB 577
Enacts the Interstate Compact for Juveniles, providing for the tracking, supervision or return of juveniles, delinquents or status offenders by sending and receiving states. Establishes an interstate commission that will provide uniform procedures for managing this population.
KY HB 46
Enacts the Interstate Compact for Juveniles, providing for the tracking, supervision or return of juveniles, delinquents or status offenders by sending and receiving states. Establishes an interstate commission that will provide uniform procedures for managing this population.
NV SB 43
Enacts the Interstate Compact for Juveniles, providing for the tracking, supervision or return of juveniles, delinquents or status offenders by sending and receiving states. Establishes an interstate commission that will provide uniform procedures for managing this population.
NC HB 1346
Enacts the Interstate Compact for Juveniles, providing for the tracking, supervision or return of juveniles, delinquents or status offenders by sending and receiving states. Establishes an interstate commission that will provide uniform procedures for managing this population.
TX HB 706
Enacts the Interstate Compact for Juveniles, providing for the tracking, supervision or return of juveniles, delinquents or status offenders by sending and receiving states. Establishes an interstate commission that will provide uniform procedures for managing this population.
UT SB 91
Enacts the Interstate Compact for Juveniles, providing for the tracking, supervision or return of juveniles, delinquents or status offenders by sending and receiving states. Establishes an interstate commission that will provide uniform procedures for managing this population.
ID HB 96
Adopts the National Crime Prevention and Privacy Compact, allowing the sharing of electronic criminal history information among participating states. Prohibits non-conviction or correctional treatment information from being released.
MD S 216
Adopts the National Crime Prevention and Privacy Compact, allowing the sharing of electronic criminal history information among participating states. Prohibits non-conviction or correctional treatment information from being released.
OR HB 2156
Adopts the National Crime Prevention and Privacy Compact, allowing the sharing of electronic criminal history information among participating states. Prohibits non-conviction or correctional treatment information from being released.
WY S 30
Adopts the National Crime Prevention and Privacy Compact, allowing the sharing of electronic criminal history information among participating states. Prohibits non-conviction or correctional treatment information from being released.
State Governance Structures
1. Alaska - AS §12.62.100 – 900
2. Arizona - ARS §41-2405
3. Arkansas - Act 1272 of 2001
4. Colorado - CRS §16-20.5-101 – 107
5. Connecticut - Public Act 99-14, P.A. 00-20
6. Delaware - Title 11, Chapter 86, §8603
7. Florida - FS §943.06 and 943.08
8. Georgia - GC §35-6a-2 – 35-6a-9
9. Hawaii - Created by the Criminal Justice Data Center (Department of the Attorney General), 1993
10. Illinois - Executive Order Number 12, 2001
11. Indiana - IC §5-26-2-1
12. Iowa - Memorandum of Understanding, 2003
13. Kansas - KSA Chapter 22, Article 47
14. Kentucky - KRS §15A.040
15. Louisiana - LRS §15:1228 – 1228.8
16. Maine - MRS 16 §631 – 637
17. Maryland - MC §10-221. Regulations and rules
18. Michigan - Executive Order No. 1998-1
19. Minnesota - MS 299C.65
20. Missouri - RSMO Chapter 43, Sections 500 – 540
21. Montana - Memorandum of Understanding, 2003
22. Nebraska - Nebraska Commission on Law Enforcement and Criminal Justice, 1995
23. Nevada - Informal process, 1993
24. New Jersey - Cooperative effort (not established by legislation), 1990
25. New Mexico - Executive Agreement, 1998
26. New York - Authority of Director of Criminal Justice
27. North Carolina - NCGS Chapter 143, §69
28. North Dakota - Executive Order 2001-01
29. Ohio - By joint effort of the Lt. Governor and the Attorney General, 1992
30. Oklahoma - Appointment, 1999
31. Oregon - ORS §181.715
32. Pennsylvania - Executive Order, 1999-4 Pennsylvania Justice Network (JNET) Governance Structure
33. Rhode Island - Governor’s Justice Commission Steering Committee, 1995
34. South Carolina - Executive Order of the Governor 99-10
35. Virginia - VC §9-168
36. Washington - RCW 10.98.160
37. Wisconsin - WS 16.971(9)
38. Wyoming - State Supreme Court, 1999
Other State Statutes
Alaska
12.62.100 -- 900
12.62.100 Establishes the Criminal Justice Information Advisory Board. The Board shall advise the Department of Public Safety and other criminal justice agencies "on matters pertaining to the development and operation of the central repository (12.62.110) and other criminal justice information systems."
Colorado
16-20.5-101 - 107
16-20.5-102 Defines "Integrated Criminal Justice Information System" as an automated information system capable of tracking the complete life cycle of a criminal case throughout its various stages involving different criminal justice agencies through potentially separate and individual systems and without unnecessary duplication of data collection, data storage, or data entry."
16-20.5-103 Establishes the "Colorado Integrated Criminal Justice Information System Program." This Program is to be a joint effort of various criminal justice agencies, and implemented by the "Criminal Justice Information Program Task Force." The Task Force, along with the chief criminal justice information system officer, shall be "responsible and accountable for the implementation of a uniform policy for an integrated criminal justice information system. The uniform policy shall include a system or systems to enable the criminal justice agencies to share data stored in each other's information system. Initially, the uniform policy shall maximize the use of existing data bases and platforms through the use of a virtual data base created by a network linking existing data bases and platforms among the various departments. The uniform policy shall also develop plans for new open system platforms when the existing platforms become obsolete."
16-20.5-107 Mandates that "any future state-funded expenditures by a criminal justice agency for computer platforms in support of criminal justice applications shall be reviewed by the task force."
See also 16-21-101 - 105.
Kansas
Chapter 22, Article 47
22-4705 Establishes a criminal justice information system central repository for the "collection, storage, and dissemination of criminal history record information." Mandates that "every criminal justice agency" report criminal history record information. Provides a list of "reportable events."
22-4709 Allows any person to inspect and challenge criminal history record information about themselves.
74-9501 Establishes the Kansas Criminal Justice Coordinating Council, one of the duties of which is to oversee development and management of a criminal justice database.
Maine
16§631 - 637
Section 631 Establishes the Maine Criminal Justice Information System, which "shall provide criminal justice agencies and authorized private users ready access to shared uniform information on criminal offenders and crime data."
Section 633 Establishes the Maine Criminal Justice Information System Policy Board.
Section 635 Lists the Policy Board's duties, which includes establishing information standards to "ensure complete, accurate, and up-to-date information is received by criminal justice agencies and authorized private users."
Minnesota
299C.65
Subdivision 1 Establishes the Criminal and Juvenile Information Policy Group and requires the Policy Group to make recommendations to the Governor, the Supreme Court, and the Legislature on issues such as: a "framework for integrated criminal justice information systems;" criminal justice agency responsibilities concerning "collection, maintenance, dissemination, and sharing of criminal justice information with one another;" actions necessary to ensure information is current and accurate; processes for expungement, correction, and destruction of records; and "the impact of integrated criminal justice information systems on individual privacy rights.
Subdivision 4 Requires the Policy Group to make a recommendation on a "structured numbering scheme" to "facilitate identification of the offense and the elements of the crime."
Subdivision 5 Requires the Policy Group to "review the funding requests for criminal justice information systems from state, county, and municipal government agencies." The Policy Group is to review the requests for "compatibility to statewide criminal justice information system standards."
Also see 1999 Enactments for Minnesota.
Missouri
Chapter 43, Sections 500 - 540
43.500 Defines "criminal history record information" to include information collected by criminal justice agencies on individuals consisting of "identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release."
43.503 Mandates all police officers of within the state, the clerk of each court, the department of corrections, the sheriff of each county and the prosecuting attorney of each county to submit certain "criminal arrest, charge, and disposition information to the central repository for filing without undue delay."
43.518 Establishes within the Department of Public Safety a "Criminal Records Advisory Committee." The purpose of the Committee is to "recommend general policies with respect to the philosophy, concept and operational principles of the Missouri criminal history record information system . . . in regard to the collection, processing storage, dissemination and use of criminal history record information maintained by the central repository."
North Carolina
Chapter 143, Section 69
143-661 Establishes the Criminal Justice Information Network Governing Board to operate the State's Criminal Justice Information Network. The purpose of the Network is to "provide the governmental and technical information systems infrastructure necessary for accomplishing State and local governmental public safety and justice functions in the most effective manner by appropriately and efficiently sharing criminal justice information among law enforcement, judicial, and corrections agencies."
143-663 Authorizes the following Board powers: Establish and operate the Network as an integrated system for "effectively and efficiently storing, communicating, and using criminal justice information;" develop and adopt uniform standards and cost-effective information technology; provide assistance to local governments; and facilitate the sharing of information and knowledge among agencies.
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