NCJ Number
47368
Date Published
1977
Length
18 pages
Annotation
SCOPE AND IMPACT OF CRIMINAL HISTORY RECORD INFORMATION (CHRI) SECURITY AND PRIVACY REGULATIONS IN RHODE ISLAND ARE DISCUSSED WITH PARTICULAR EMPHASIS ON ISSUES OF COMPLETENESS, DISSEMINATION, USE, AND COMPLIANCE.
Abstract
THE PRIVACY AND SECURITY REGULATIONS APPLY ONLY TO THOSE STATE AND LOCAL AGENCIES WHICH HAVE RECEIVED LEAA FUNDS FOR THE COLLECTION, STORAGE, OR DISSEMINATION OF CHRI IN EITHER MANUAL OR AUTOMATED SYSTEMS. THE REGULATIONS APPLY ONLY TO CHRI WHICH INCLUDES NOTATIONS OF ARREST, DETENTION, INDICTMENT, INFORMATIONS OR OTHER FORMAL CRIMINAL CHARGES, OR DISPOSITIONS STEMMING FROM SUCH CHARGES, AND RECORDS OF DISMISSALS OR DECISIONS TO DROP CHARGES. THE REGULATIONS DO NOT APPLY TO INTELLIGENCE/INVESTIGATIVE OR PERSONAL BACKGROUND AND IDENTIFICATION INFORMATION, OR TO STATISTICAL DATA WHICH MAKE NO SPECIFIC PERSONAL IDENTIFICATIONS. AMONG DOCUMENTARY INFORMATIONS EXEMPTED FROM THE REGULATIONS ARE WANTED POSTERS, ORIGINAL RECORDS OF ENTRY REQUIRED BY LAW TO BE MADE PUBLIC, COURT OR TRAFFIC RECORDS, AND PUBLISHED COURT OPINIONS. CATEGORIES OF INFORMATION OPEN TO THE PUBLIC THAT ARE AFFECTED BY REGULATION ALSO INCLUDE CONVICTION DATA AND CRIMINAL HISTORY INFORMATION FOR AN OFFENSE BY AN OFFENDER UNDER THE CURRENT JURISDICTION OF THE CRIMINAL JUSTICE SYSTEM. DISSEMINATION OF NONCONVICTION DATA IS LIMITED TO SPECIFICALLY AUTHORIZED PUBLIC OR PRIVATE AGENCIES, CRIMINAL JUSTICE AGENCIES FOR EMPLOYMENT IN CRIMINAL JUSTICE ACTIVITIES, INDIVIDUALS/AGENCIES PURSUANT TO AN AGREEMENT TO PROVIDE CRIMINAL JUSTICE SERVICES FOR A CRIMINAL JUSTICE AGENCY, AND INDIVIDUALS/AGENCIES ENGAGED IN RESEARCH OR STATISTICAL ACTIVITIES. THE REGULATIONS REQUIRE THAT CHRI'S BE COMPLETE (I.E., CONTAINING ALL EVENTS RELEVANT TO PASSAGE THROUGH THE JUSTICE SYSTEM BY THE INDIVIDUAL FROM TIME OF ARREST THROUGH DISPOSITION OR RELEASE) AND THAT REPORTING OF SUCH EVENTS MUST OCCUR WITHIN 90 DAYS OR LESS. ALTHOUGH DISSEMINATION IS NOT DEFINED IN THE REGULATIONS, IT MAY BE INTERPRETED TO REFER TO TRANSMISSION OF CRIMINAL HISTORY INFORMATION FROM AN AGENCY TO ANOTHER AGENCY OR INDIVIDUAL. THE REGULATIONS REQUIRE COMPLIANCE BY THE STATE (RHODE ISLAND) AFTER DECEMBER 31, 1977. IN ORDER TO RECEIVE CHRI, AGENCIES OR INDIVIDUALS REQUESTING SUCH INFORMATION MUST BE DETERMINED, TO BE ELIGIBLE AND SUBJECT TO THE REGULATIONS BY VIRTUE OR CERTIFICATION, STATE STATUTE, OR USER AGREEMENT. AS THE REGULATIONS DO NOT REQUIRE THAT LAW DATA BE DISCLOSED EXCEPT TO THE INDIVIDUAL WHO IS THE SUBJECT OF THE DATA, DISSEMINATION OF ANY INFORMATION MAY BE EVEN FURTHER LIMITED IF IT IS CONSISTENT WITH APPROPRIATE STATE OR LOCAL REQUIREMENTS. INDIVIDUAL ACCESS AND REVIEW PROCEDURES FOR THE CHRI PLAN IN RHODE ISLAND COMPLETELY SATISFY THE REGULATIONS. A COPY OF THE CHRI NEED NOT BE PROVIDED TO THE SUBJECT INDIVIDUAL UNLESS IT IS ACTUALLY REQUIRED FOR AN ALREADY INITIATED CHALLENGE. THE REGULATIONS REQUIRE SYSTEMATIC AND ANNUAL AUDIT PROCEDURES DESIGNED TO ENSURE THE COMPLETENESS AND ACCURACY OF CENTRAL STATE REPOSITORY RECORDS. THE SYSTEMATIC AUDIT REQUIRES THE INTERNAL IMPLEMENTATION OF MONITORING PROCEDURES, WHILE THE ANNUAL AUDIT IS AN EXTERNAL EVALUATION OF COMPLIANCE WITH REGULATIONS. DISSEMINATION LOGGING IS ALSO REQUIRED. (JAP)