THE GEORGIA CRIME INFORMATION CENTER POLICY MANUAL Rev. 2011 Table of Contents Chapter 1 Section 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 Chapter 2 Section 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.7.1 2.7.2 2.7.3 2.7.4 2.8 2.9 Introduction Authority Purpose Criminal Justice Information System (CJIS) Network International Justice and Public Safety Network (Nlets) INTERPOL FBI's Criminal Justice Information System Division (CJIS) Policy (Defined) Policy Implementation Procedure (Defined) GCIC Council Georgia Crime Information Center Terminal Agency Responsibilities Agency Chief Executives Terminal Agency Coordinator (TAC) Terminal Operator Training Use of Volunteers and Other Non - Paid Personnel Georgia CJIS Network Documentation Record Quality Entry and Removal of Records In GCIC/NCIC Files Accuracy Completeness Valid Records Record Documentation Case Documentation GCIC Policy Manual Rev. 2011 Table of Contents Section 2.10 2.10.1 2.10.2 2.10.3 2.10.4 2.10.5 2.10.6 2.10.7 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 Chapter 3 Section 3.1 3.1.1 3.1.2 3.1.3 3.1.4 3.1.5 3.2 3.3 Record Transactions Inquiry Locate Entry Modify Clear Cancel Supplemental Record Entry CJIS Validation Device or Data Circuit Requests CJIS Network Terminal Operations (Defined) Non - CJIS Network Terminal Operations (Defined) Restrictions on Non - CJIS Network Terminal Operations Equipment Maintenance Terminal and Communications Failure Severe Weather Action Agreements Agreements User Agreements Service Agreements Holder of Record Agreement Management Control Agreements Vendor Service Agreement Computer Centers Governmental Dispatch Centers GCIC Policy Manual Rev. 2011 Table of Contents Chapter 4 Section 4.1 4.2 4.3 4.4 4.5 4.5.1 4.5.2 4.5.3 4.5.4 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 Chapter 5 Section 5.1 5.1.1 5.2 Criminal History Sources Physical Security and Maintenance Personnel Security Standards Purpose Codes Dissemination Logging of Disseminations Methods of Dissemination to Criminal Justice Agencies Methods of Dissemination to Non - Criminal Justice Entities Other Authorized Disseminations Citizenship Department of Family & Children Services Adoptions Criminal Record Check for Nursing Home Employment Criminal Record Check for Providers of Care to Children, the Elderly and Persons with Disabilities (Including Volunteers) Public Access to Felony Conviction Records Public Housing Authority Protection Order File Criminal Record Checks on Law Enforcement Officers for Family Violence Background CJIS Security Passwords & Standards CJIS Network Secure Passwords Local Criminal Justice Agencies Personnel Security Screening Standards GCIC Policy Manual Rev. 2011 Table of Contents Chapter 6 Section 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.7.1 6.7.2 6.7.3 6.7.4 6.7.5 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.18.1 6.18.2 6.19 6.20 6.21 6.22 6.23 6.24 CJIS Network Operations Message Retention Unauthorized Messages Authorized Messages Administrative Messages Georgia and National Broadcasts Hot File Entry Access Hit Confirmation Policy Hit Message Definition Probable Cause Hit Confirmation Request Hit Confirmation Response Failure to Respond to Hit Confirmation Requests Help File Weather Information Defined Agency Information Originating Agency Identifier (ORI) Number Request and Dissemination Procedures Message Retrieval Defined Hazardous Materials Information (HAZMAT) Defined GCIC/NCIC Data Files Extradition Caution Indicators Temporary Felony Records Missing Persons Runaway Juveniles (Less Than 17 Years of Age and Non-emancipated) Runaway Minors (17 Years of Age and Nonemancipated) Persons Placed on Probation or Parole Vehicles Associated with Person Records U.S. Secret Service Records Canadian Arrest Warrants Arrest or Detention of Foreign Nationals NCIC Foreign Fugitive File GCIC Policy Manual Rev. 2011 Table of Contents 6.25 6.25.1 6.25.2 6.26 6.27 6.28 6.29 6.30 6.30.1 6.30.2 Chapter 7 Section 7.1 7.2 7.3 Appendix A Gun File Recovered Guns Weapon Serial Number Guidelines Article File Boat File Securities File Retention Limits Identifying and Correcting Hot-File Errors Serious Errors Non-Serious Errors File Searches, Audits and Sanctions Off-Line Investigative Searches GCIC Audit Procedures Sanctions Examples of Consent Forms GCIC Policy Manual Rev. 2011 CHAPTER 1 INTRODUCTION 1.1 AUTHORITY The Georgia Crime Information Center (GCIC), a division of the Georgia Bureau of Investigation manages the Georgia Criminal Justice Information System (CJIS) network under the provisions of Georgia law (O.C.G.A. § 35-3-30 thru O.C.G.A. § 35-3-40) and the Rules of the Georgia Crime Information Center (GCIC) Council. The Rules of the GCIC Council are promulgated under the Georgia Administrative Procedures Act; therefore, the Rules have the force and effect of law. Policies in this manual are derived from federal laws and regulations, the International Justice and Public Safety Network - Nlets policies, the FBI Criminal Justice Information System (FBI CJIS) policies, Georgia laws, and the GCIC Council Rules. 1.2 PURPOSE This manual establishes policies that regulate the use of the Georgia Criminal Justice Information System (CJIS) network. Criminal justice agency administrators, including Terminal Agency Coordinators (TAC), must use the Rules of the GCIC Council, the GCIC CJIS Security Policy, this Policy Manual, the GCIC Operating Manual, and the NCIC Operating Manual as references when developing and implementing agency policies and procedures dealing with CJIS network operations. 1.3 CRIMINAL JUSTICE INFORMATION SYSTEM (CJIS) NETWORK The CJIS network has four major components: 1. Devices and associated equipment operated by Georgia criminal justice agencies. 2. Records and files accessed through those devices. 3. Computers and associated equipment used by GCIC and local or regional computer centers that are connected to the Georgia CJIS network. GCIC Policy Manual Rev. 2011 4. 1.4 Federal, state, local criminal justice and other authorized agency employees who operate, support, use and benefit from the CJIS network. INTERNATIONAL JUSTICE AND PUBLIC SAFETY NETWORK (Nlets) The International Justice and Public Safety Network powered by the National Law Enforcement Telecommunications System provides access to Nlets files and criminal justice agency terminals and files in other states. The Deputy Director for GCIC appoints Georgia's Nlets representative. 1.5 INTERPOL INTERPOL is an information exchange agency between domestic and international law enforcement agencies. INTERPOL forwards your message to an international agency and relays a response back to your agency. To contact INTERPOL, send an administrative message to DCINTER00 or call 202-6169000. 1.6 FBI’S CRIMINAL JUSTICE INFORMATION SYSTEM DIVISION (CJIS) The Criminal Justice Information System (CJIS), a division of the Federal Bureau of Investigation (FBI) maintains files and records that are available nationwide. The Georgia Bureau of Investigation (GBI) is the CJIS Systems Agency (CSA) for Georgia and the Deputy Director for GCIC is the CJIS Systems Officer (CSO). The Deputy Director for GCIC also serves as Georgia’s representative on the CJIS Southern Region Working Group. To propose changes in GCIC/CJIS policies or procedures, please submit in writing to the Deputy Director of GCIC at: Post Office Box 370748, Decatur, Georgia 30037-0748. 1.7 POLICY (DEFINED) A policy is an operational directive or rule based on provisions of law or other authority. Policies describe: • What must be done GCIC Policy Manual Rev. 2011 • • • • 1.8 What may be done What must not be done To whom the policy applies Sanctions for policy violations POLICY IMPLEMENTATION Criminal justice and other authorized agencies use written procedures to implement policy. Enforcing written procedures and/or regulations is an agency head's most effective means to accomplish policy objectives. Agency heads and Terminal Agency Coordinators shall be responsible, within their agencies, for the development of policies and procedures relating to CJIS network operations and the administration of the terminal operator training program developed by GCIC. 1.9 PROCEDURE (DEFINED) A procedure is a written step-by-step course of action that identifies: • • • • • • Who must perform the action What the action is When to perform the action Where the action is performed How to perform the action Why the action is performed 1.10 GCIC COUNCIL Georgia law requires the Georgia Crime Information Center Council (the Georgia Board of Public Safety) to establish (O.C.G.A. § 35-3-32): • Policies for network management by GCIC • Responsibilities of criminal justice, other authorized agencies and GCIC Sanctions for violations of Georgia law, CJIS network policies and GCIC Council Rules • GCIC Policy Manual Rev. 2011 1.11 GEORGIA CRIME INFORMATION CENTER Georgia Law (O.C.G.A. § 35-3-33) and the Rules of the GCIC Council require GCIC to: • Operate the network on a continuous basis. • Provide procedures, standards, and training necessary for the uniform operation of the network. • Establish complete control over the network and restrict its use to criminal justice and other authorized agencies (e.g., regional dispatch centers). • Restrict the use of criminal justice information obtained through the network for purposes authorized by law. GCIC Policy Manual Rev. 2011 CHAPTER 2 TERMINAL AGENCY RESPONSIBILITIES 2.1 AGENCY CHIEF EXECUTIVES Chief executives (Sheriffs, Chiefs of Police, etc.) are responsible for their agencies' compliance with laws, policies, and operational procedures regulating the access to the CJIS network. The agency chief executive must ensure that: • A Terminal Agency Coordinator (TAC) is appointed and certified within 90 days of appointment (GCIC Council Rule 140-2-.16). Replacement TACs must be appointed immediately and certified within 90 days. Notify the Deputy Director of GCIC, in writing, of all primary TAC appointments and contact your GCIC Customer Support Representative. • Agreements required by GCIC are current and signed by agency heads (Refer to Chapter 3 for agreement descriptions) (GCIC Council Rule 140-2-.04). • All agency employees (civilian and sworn) must sign current Awareness Statements (GCIC Council Rule 140-2-.09). • All agency employees adhere to all GCIC/NCIC policies. • Written policies and procedures based on the current Rules of the GCIC Council are established in order to comply with CJIS network operation policies. • All agency employees who utilize any of the four major components of the Georgia CJIS network are appropriately trained and that appropriate training documentation is maintained by the agency (GCIC Council Rule 140-2-.16). • A Local Agency Security Officer (LASO) is appointed to serve as the agency’s Point of Contact (POC) for computer security responsibilities. Refer to the GCIC CJIS Security Policy and/or GCIC Council Rule 140-1-.02. GCIC Policy Manual Rev. 2011 2.2 TERMINAL AGENCY COORDINATOR (TAC) A Terminal Agency Coordinator (TAC) is the person designated by an agency head to serve as a liaison between the agency head and the Georgia Crime Information Center for CJIS network related matters (GCIC Council Rule 140-1.02). Each TAC must successfully complete the Terminal Agency Coordinator Certification course, administered by the Georgia Crime Information Center, within 90 days of their appointment. The TAC will assist the agency head in managing CJIS network related operations to ensure compliance with relevant laws, regulations and policies. The Terminal Agency Coordinator is required to (GCIC Council Rule140-2-.16): • At a minimum, successfully complete the Inquiry level of the GCIC Computerized Based Training (CBT) Terminal Operator Training Program before they are accepted into the TAC Certification course. • Administer the GCIC Terminal Operator Training Program within the agency, and provide appropriate GCIC/NCIC related training for all other agency employees. Maintain documentation verifying all CJIS related training for the agency. • Assist the agency chief executive in developing policies and procedures for all CJIS network operations. • Ensure those terminal operators responsible for HIT confirmations have immediate access to documentation supporting the agency's active hot-file records. • Notify the GCIC Assistant Deputy Director for Security Operations when a new agency head is appointed or elected and arrange for the signing of new Agreements. • Serve as the point of contact for validations and all other GCIC/NCIC network related matters. • Maintain access to CJIS network related documents such as: GCIC Council Rules, GCIC CJIS Security Policy, GCIC Policy Manual, GCIC Operating Manual, NCIC Operating Manual, NCIC Code Manual, Operations Bulletins, updates and revisions, and broadcast messages related to the operation of the CJIS network. Copies of current agreements (as required). Refer to Chapter 3. GCIC Policy Manual Rev. 2011 2.3 • Maintain the User ID and passwords for agency personnel who access the CJIS network. • And other responsibilities as designated by the GCIC Council Rules and GCIC CJIS Security Policy. TERMINAL OPERATOR An agency employee whose primary job function includes accessing the CJIS Network. (GCIC Council Rule 140-1.02). 2.4 TRAINING GCIC has transitioned from the handwritten terminal operator workbook to a Computerized Based Training (CBT) Program. Agencies will use the CBT Terminal Operator Program to certify and re-certify all terminal operators. New operators will be required to certify within 90 days of assignment as a terminal operator. The Terminal Operator Training Program will consist of information obtained from the following reference/training materials: • • • • • • 2010 GCIC Policy Manual 2010 GCIC Operating Manual GCIC Council Rules GCIC Operations Bulletins NCIC Operating Manual NCIC Code Manual GCIC is responsible for providing agencies with the updated, replacement reference and training materials in electronic format. There will be three levels of training: 1. Inquiry Level: If an operator has the ability to make inquires on any files in the CJIS Network they must be trained as an Inquiry Level Operator. 2. Entry Level: If an operator has the ability to inquire as well as enter and/or update information in the CJIS Network they must be trained as an Entry Level Operator. 3. MDT Level: A Mobile Data Terminal (MDT) is a computerized device used in law enforcement vehicles used to communicate with the CJIS GCIC Policy Manual Rev. 2011 Network. ONLY law enforcement officers accessing the CJIS Network via MDT may be trained as MDT Level Operators. Please refer to GCIC Operations Bulletin 2010-43 (Transition to New Terminal Operator Training Program) for further information and access requirements. Agency heads are responsible for the training of all agency employees who handle CJIS data, affect CJIS data, use a CJIS network terminal or benefit from any data received over a CJIS network terminal (GCIC Council Rule 140-2.16). Training requirements for agency employees are as follows: TITLE TAC Terminal Operator (All Levels) 2.5 TRAINING Successfully complete the Terminal Agency Coordinator Certification Course administered by GCIC within 90 days of appointment. RECERTIFICATION Attend a GCIC TAC Refresher Course every five (5) years. At a minimum, successfully complete the Inquiry level of the GCIC CBT Terminal Operator Training Program. Every two years thereafter for the duration of their employment as a terminal operator. Every two years thereafter for the duration of their employment as terminal operator. Must be certified within 90 days of employment or assignment to Terminal Operator duties. USE OF VOLUNTEERS AND OTHER NON-PAID PERSONNEL Local criminal justice and other authorized agencies utilizing non-paid persons from various sources such as volunteer groups, student interns, special assistance programs arranged through various state agencies and others, must meet the following requirements: • For persons used solely in areas housing public information, no special requirements are necessary. • Access to criminal justice information (i.e. criminal history, or any information via a CJIS network terminal), must be restricted to authorized persons who are trained to properly handle, safeguard, and destroy such information. GCIC Policy Manual Rev. 2011 • Agency heads permitting non-paid persons to work in restricted areas must process each person as a criminal justice employee by: Completing two applicant fingerprint cards marked “Criminal Justice Employment” and submitting them to GCIC or submitting applicant prints via livescan prior to giving non-paid personnel access to restricted areas. Having all non-paid personnel sign a current Awareness Statement. Having all non-paid personnel review the Georgia Computer Systems Protection Act (O.C.G. A. § 16-9-90 thru O.C.G.A. § 169-94, O.C.G.A. § 35-3-38). Providing In-service training to non-paid personnel on the Security and Integrity of Criminal Justice information. Reviewing the GCIC Council Rules with non-paid personnel. Providing continual supervision and monitoring of non-paid personnel. 2.6 GEORGIA CJIS NETWORK DOCUMENTATION CJIS Network documentation includes: • • • • • • • • • Georgia Crime Information Center Council Rules GCIC CJIS Security Policy GCIC Policy Manual GCIC Operating Manual GCIC Operations Bulletins NCIC Operating Manual NCIC Code Manual Georgia CJIS Network Terminal Operator Training Material Records supporting the training, testing, certification and recertification of Terminal Operators GCIC authorizes the use of CJIS network documentation for legitimate criminal justice and other authorized agencies only. All documentation must be maintained in a secure and controlled area. Documentation must be updated as revisions are made available by GCIC. When documentation is invalid or no longer current and cannot be updated, it must be destroyed in a secure manner. Completed training media is the property of GCIC. As the original training records, the completed training media shall be retained by the agency for the duration of employment of the employee. Should an employee leave an agency, GCIC Policy Manual Rev. 2011 the training documentation shall be transferred to the TAC of the employing agency upon their written request. When an employee leaves an agency and the training documentation has not been requested by another agency, the agency holding the training documentation has the option of retaining the training documentation or destroying it 30 days after the certification period has expired. Access to such documentation by unauthorized agencies or personnel must be approved by GCIC. 2.7 RECORD QUALITY Each agency is responsible for maintaining the quality of records entered into the GCIC/NCIC computerized files. Quality refers to the timeliness, accuracy, completeness and validity of records. 2.7.1 ENTRY AND REMOVAL OF RECORDS IN GCIC/NCIC FILES Record entries must be made within 12 hours (O.C.G.A. § 35-3-36, GCIC Council Rule 140-2-.13) after determination by law enforcement agencies that a wanted person should be arrested, that identifiable property is reported as stolen, or an adult is reported missing by a parent, guardian, or next of kin. *Note: Per Federal Law and NCIC Policy, when agencies receive reports of missing juveniles, including runaways or any person less than 21 years of age, the records must be entered within two hours after enough information is obtained to complete an entry (42 USCS § 5780). All agencies operating a Georgia CJIS network device shall remove entries when arrest warrants have been served or recalled, stolen identifiable property has been recovered, or missing persons have been located. All agencies operating Georgia CJIS network devices are responsible for the timely removal of record entries made via the CJIS device when they are no longer valid. Terminal agencies must develop and implement policies and procedures that will ensure compliance with GCIC/NCIC HIT confirmation requirements. GCIC Policy Manual Rev. 2011 2.7.2 ACCURACY An accurate record contains: • • • • Correctly spelled names Correctly entered identifying numbers Data identical to the information in supporting documents Extradition limits for wanted persons Agency Heads must develop policies and procedures to ensure that terminal operators receive all the information needed for record entries. 2.7.3 COMPLETENESS A complete record must include: • • All information available at the time of the record entry The addition of new information when it becomes available during investigations and validations Agency Heads must develop policies and procedures to ensure that terminal operators receive all the information needed for record entries. 2.7.4 VALID RECORDS A GCIC/NCIC record is valid when: • • • • 2.8 Supporting documentation exists and is current and accurately identifies the object of the record entry Wanted person entries are supported by valid active warrants Missing persons have not been found Stolen property has not been recovered RECORD DOCUMENTATION Records entered into GCIC/NCIC files must be supported by documentation (GCIC Council Rule 140-2-.13). Original arrest warrants, copies of protection orders, missing person reports, pick-up orders, theft reports, and/or affidavits must be retained on site in the originating agency's case files until record entries are removed from GCIC/NCIC files. GCIC Policy Manual Rev. 2011 Agencies with devices on the Georgia CJIS network, who have agreements to make entries for other agencies, shall require copies of such supporting documents from that agency prior to making record entries. The originating agency must establish procedures that permit the terminal agency to confirm all HITS within the time limits established by GCIC and NCIC. 2.9 CASE DOCUMENTATION GCIC CJIS worksheets may be used when entering a record into the GCIC/NCIC computerized files. You may also fill in your entry terminal screen and print before transmitting to utilize as additional case documentation. Some required information items must be coded prior to entering records into the GCIC/NCIC files. The GCIC Operating Manual, the NCIC Operating Manual, the NCIC Code Manual and the NCIC On-Line Code Manual contain coding instructions. Terminal operators must update case file documentation after modifying, clearing or canceling record entries. Successful entry, modification, supplemental entry, clearance and cancellation notifications must be retained. Terminal operators must include all CJIS network documentation pertaining to a particular case with the corresponding case file. If record entries, modifications, supplemental record entries, clearances, or cancellations are performed for another agency, the entering agency is responsible for providing copies of ALL printouts pertaining to the particular case along with copies of any case documentation to that agency. 2.10 RECORD TRANSACTIONS Terminal operators can perform eight types of GCIC/NCIC record transactions: Inquiry Locate Entry Modify Clear Cancel Supplemental Record Entry File Transfer (see NCIC Operating Manual) GCIC Policy Manual Rev. 2011 2.10.1 INQUIRY Inquiry messages can be sent to specific GCIC/NCIC files. Inquiries should be made on the following: Persons: • Subjects who are arrested or detained • Arrested persons or inmates, prior to release from custody • Subjects under investigation • Wanted/missing persons prior to record entries • Suspects or key witnesses in pending cases • Unidentified dead bodies • Drivers records prior to record entries • Criminal history records prior to record entries Vehicles: • Recovered vehicles, vehicle parts, trailers and license plates when found or prior to disposal • Stolen vehicles, vehicle parts, trailers and license plates • Abandoned vehicles, vehicle parts, trailers and license plates prior to record entry • Vehicles involved in felony crimes to determine if they are associated with warrants • Vehicles associated with wanted persons • Vehicle registration prior to record entries Property: (Guns, Articles, Boats, and Securities) when property is: • Found • Seized • Recovered guns • Pawned • Stolen, prior to entering the record 2.10.2 LOCATE Locate messages must be sent by recovering or apprehending agencies after receiving a positive Hit Confirmation. Locate messages are used to notify originating agencies that the sending agency has control of the person or property described in their record (O.C.G.A. § 35-3- 36(m). A proper locate is the basis for the ability to complete a detainer warrant entry. A locate message must be sent within one hour of receipt of the positive hit confirmation. GCIC Policy Manual Rev. 2011 If your agency sends a positive hit confirmation and does not receive a locate message within one hour, send a terminal message to the Integrated CJIS Data Center, terminal code GCCC. 2.10.3 ENTRY Entries establish records in the GCIC/NCIC files (O.C.G.A. § 35-3-36(l), GCIC Council Rule 140-2-.13). When entering a record, include all available information, which will increase the possibility of a Hit. 2.10.4 MODIFY Modifications add, change, or remove information in records already in GCIC/NCIC Files (GCIC Council Rule 140-2-.13). Only the originating agency can authorize modification of a record entry. Records must be modified: • to correct inaccurate information. • to add additional information as soon as it becomes available • to delete information no longer applicable 2.10.5 CLEAR Clearing a record removes it from the GCIC/NCIC files when recoveries or apprehensions occur (O.C.G.A. § 35-3-36(m), GCIC Council Rule 140-2-.13). Only the originating agency can authorize the clearance of a record. Clear records when: • • • Wanted persons have been apprehended. Missing persons have been found. Stolen property has been recovered. 2.10.6 CANCEL Canceling a record removes it from GCIC/NCIC files when it is no longer valid or cannot be supported by documentation, (O.C.G.A. § 35-3-36(m), GCIC Council Rule 140-2-.13). Only the originating agency can authorize the cancellation of a record. GCIC Policy Manual Rev. 2011 Cancel records when: • Warrants are no longer valid, stolen property reports are unfounded, etc. • Documentation (warrants, missing person’s reports, theft reports, etc.) no longer exists to support the record. 2.10.7 SUPPLEMENTAL RECORD ENTRY A supplemental record is used to add additional identifiers to an existing record. Only the agency that entered the original record may add additional identifiers to a record. 2.11 CJIS VALIDATION All law enforcement and criminal justice agencies with wanted/missing persons, protection orders, gang file entries, and/or stolen property record entries in GCIC/NCIC computerized files are required to participate in the record validation program established and administered by GCIC and NCIC (GCIC Council Rule 140-2-.14). Records from the monthly validation listing that are not validated by the suspense date will result in automatic removal. Validation procedures, records and supporting documentation are subject to GCIC and NCIC audits. 2.12 DEVICE OR DATA CIRCUIT REQUESTS To order, relocate, add, or replace CJIS network devices or lines, the agency head must send a written request to the Georgia Crime Information Center at least 60 days prior to the date of the proposed action. Any changes or additions of terminals or lines are subject to approval from GCIC and the Georgia Technology Authority (GTA). Changes or relocation of CJIS network terminal or lines, without prior authorization from GCIC, may result in loss of service. 2.13 CJIS NETWORK TERMINAL OPERATIONS (DEFINED) Services provided through the CJIS network are CJIS network terminal operations. These operations are described in the GCIC Operating Manual and GCIC Policy Manual Rev. 2011 NCIC Operating Manual. Operations can be performed only using devices and other associated equipment connected to the CJIS network. 2.14 NON-CJIS NETWORK TERMINAL OPERATIONS (DEFINED) Non-CJIS network terminal operations are applications or local computer system programs that are not provided through the CJIS network. This includes word processing, database management, spreadsheet analyses and various software applications. 2.15 RESTRICTIONS ON NON-CJIS NETWORK TERMINAL OPERATIONS Terminal agencies may use terminals that access the CJIS network to perform non-CJIS network terminal operations concurrently with CJIS network terminal operations in compliance with GCIC CJIS Security Policy. However, such operations cannot: • interrupt or interfere with continuous CJIS network access to the terminal • interrupt or interfere with continuous CJIS network access to other CJIS network terminals, within the same agency or on the same data line • prevent or delay immediate receipt of incoming CJIS network messages • prevent, delay or adversely affect a terminal operator's ability to perform CJIS network terminal operations, including HIT confirmation procedures 2.16 EQUIPMENT MAINTENANCE CJIS network terminal agencies are responsible for the maintenance of terminals, printers, and other equipment which connect to the CJIS network. This includes maintenance or service contracts with appropriate vendors or in-house maintenance by qualified agency technicians. GCIC Policy Manual Rev. 2011 If agency equipment connected to the CJIS network does not operate properly or adversely affects the CJIS network, CJIS network access will be suspended by GCIC until the equipment is repaired or replaced. 2.17 TERMINAL AND COMMUNICATIONS FAILURE Procedures must be established by the agency for reporting problems with a terminal connected to the CJIS Network. The TAC must make the procedures available to all operators. 2.18 SEVERE WEATHER ACTION CJIS network terminal agencies must establish written procedures that ensure the prompt deactivation of terminals, modems, and diagnostic units during severe weather conditions. Refer to the Introduction section of the GCIC Operating Manual. CJIS network devices must have current maintenance contracts with appropriate vendors for the data communications equipment that connect to the CJIS network. Maintenance contracts ensure that equipment will be repaired as required and that malfunctions will not adversely affect the CJIS network service to your agency or to other CJIS agencies. GCIC Policy Manual Rev. 2011 CHAPTER 3 AGREEMENTS 3.1 AGREEMENTS State and federal laws, GCIC Council Rules, GCIC CJIS Security Policy, NCIC and Nlets policies require that signed agreements between GCIC and law enforcement agencies, a law enforcement agency and another law enforcement agency, a law enforcement agency and a non-criminal justice agency, etc. must be maintained (GCIC Council Rule 140-2-.04). 3.1.1 USER AGREEMENT Heads of all criminal justice and other authorized agencies, including managers of computer interface agencies, must sign a User Agreement with the Georgia Crime Information Center (GCIC Council Rule 140-2-.04). Such agreements identify the duties and responsibilities of criminal justice agencies and GCIC concerning use of the CJIS network, training, and compliance with state and federal laws and rules. 3.1.2 SERVICE AGREEMENT A Service Agreement must be initiated between a terminal agency that enters GCIC/NCIC records and/or handles HIT confirmation procedures and the agency for which the service is provided (GCIC Council Rule 140-2-.13). Service Agreements outline the responsibilities of the agencies. Except in emergencies, terminal agencies must not enter records into GCIC/NCIC computerized files for non-terminal agencies unless Service Agreements are in force. A non-terminal agency must have a signed User Agreement with GCIC before requesting service from a terminal agency. The Service Agreement should contain responsibilities and procedures for each agency regarding: • • • • • Record entry, modification, clearance or cancellation Record documentation Types of inquiries performed against the GCIC/NCIC files Validation of records HIT notification and response procedures GCIC Policy Manual Rev. 2011 3.1.3 HOLDER OF RECORD AGREEMENT Any law enforcement terminal agency, governmental dispatch center, or governmental regional dispatch center may act as holder of record on behalf of another agency and may place its own ORI in a record entry only when a written agreement exists between the entering agency and the agency on whose behalf the record is entered (GCIC Council Rule 140-2-.13). The agreement must state each agency’s legal responsibilities for records entered in GCIC/NCIC files. 3.1.4 MANAGEMENT CONTROL AGREEMENT A Management Control Agreement, signed by the head of each agency involved, sets forth the responsibilities of a criminal justice agency that oversees the operations of a non-criminal justice agency, e.g. E911 or local ‘interface’ computer center providing CJIS network access (GCIC Council Rule 140-2-.04). The agreement requires a criminal justice agency to: • Conduct background checks, to include a fingerprint identification check, of all job applicants or employees who will have access to criminal justice information • Disqualify unsuitable job applicants or remove current employees for just cause • Ensure that on-site security and access controls are established and maintained by the manager of the non-criminal justice agency The criminal justice agency head has the authority to remove personnel from use of or access to the CJIS network. 3.1.5 VENDOR SERVICE AGREEMENT Heads of criminal justice agencies who wish to use a private vendor for their computer system must sign a Vendor Agreement and provide a copy to GCIC. 3.2 COMPUTER CENTERS Each computer center operated by employees of a non-criminal justice agency which provides CJIS network service to a criminal justice agency must sign a User Agreement with GCIC and a Management Control Agreement with the principal criminal justice agency served by the computer center. GCIC Policy Manual Rev. 2011 3.3 GOVERNMENTAL DISPATCH CENTERS Each dispatch center operated by a non-criminal justice agency providing CJIS network service to criminal justice agencies must sign a User Agreement with GCIC and a Management Control Agreement with the principal criminal justice agency served by the dispatch center. GCIC Policy Manual Rev. 2011 CHAPTER 4 CRIMINAL HISTORY 4.1 SOURCES Criminal History Record Information (CHRI) is available through the CJIS network from: • • • GCIC computerized files FBI computerized files Computerized files in other states CHRI may also be available through access to local and city systems. The FBI Interstate Identification Index (III or Triple I) provides access to criminal record information contributed by participating states and the FBI. The FBI furnishes criminal records on federal offenders and records originating in the states that do not contribute their records to III or are not a National Fingerprint File (NFF) state. The FBI Criminal Justice Information Services (CJIS) Division operates the Interstate Identification Index (III). The National Fingerprint File (NFF) places primary responsibility for maintenance and dissemination of criminal history record information on each state repository, instead of the FBI. The current NFF states are: Colorado, Florida, Georgia, Hawaii, Idaho, Kansas, Montana, New Jersey, North Carolina, Oklahoma, Oregon, Tennessee and Wyoming. 4.2 PHYSICAL SECURITY AND MAINTENANCE Recipients of CHRI must provide a secure area, out of the view of the public and unauthorized personnel, for the handling and retention of CHRI. Criminal justice and other authorized agencies shall institute reasonable procedures to protect any central repository of criminal history record information from any unauthorized access, theft, sabotage, fire, wind, flood, power failure or other natural or manmade disasters. A written policy must be created, maintained and updated as necessary by each agency (GCIC Council Rule 140-2-.08). In addition, the agency must meet all standards provided by the GCIC CJIS Security Policy. 4.3 PERSONNEL SECURITY STANDARDS All personnel directly associated with the accessing, maintaining, processing, dissemination or destruction of Criminal Justice or Criminal History Record Information shall be specially trained. The training shall provide employees with GCIC Policy Manual Rev. 2011 a working knowledge of federal and state regulations and laws governing the security and processing of criminal history information. Employers are responsible for ensuring that their personnel receive such training within 60 days of employment or job assignment and every two years; to include Security and Integrity training for criminal justice and all other authorized employees. 4.4 PURPOSE CODES Purpose codes are used to indicate the intended use of requested Criminal History Record Information. Valid purpose codes are as follows: C The Administration of Criminal Justice (CJ) is the performance of any of the following activities: Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. Used for criminal investigations of domestic violence or stalking cases by law enforcement agencies. Displays complete Georgia criminal history except sealed and destroyed juvenile records. Disseminates III criminal history. Authorized for criminal justice use only. No consent required. Security of a criminal justice facility: Vendors or contractors at the CJ agency, who are NOT involved with the actual administration of criminal justice at the CJ agency, e.g. carpet cleaner, individuals responsible for maintaining vending machines, janitors, cooks, etc. Volunteers at the CJ agency who are NOT involved with the actual administration of criminal justice at the CJ agency, e.g. participants in community ride along programs, volunteers at a confinement facility who are providing social or community services rather than rehabilitative services, etc. Confinement facility visitors. Inmates of a confinement facility. Inmate’s mailing list where there is reason to believe that criminal activity is occurring or has occurred. D Domestic Violence and Stalking - Authorized for uses by civil or criminal courts in domestic violence or stalking cases (must submit query with ORI ending in A, D, J) GCIC Policy Manual Rev. 2011 E Authorized for non-criminal justice purposes where consent is provided. Employment, military, firefighters, licensing, international travel, inspection of one’s own criminal history record, nursing home, prospective adoption/foster parents. F Displays complete Georgia criminal history except sealed and juvenile records. Disseminates III criminal history. No consent required. Displays complete Georgia criminal history except sealed and juvenile records. Requires consent of individual. Concealed Carry Permits – Authorized for use by Probate Courts for issuing concealed permits. As of July 1, 2006, any person prohibited from possessing firearms pursuant to federal law may not be issued a pistol permit or temporary renewal permit (O.C.G.A. § 16-11-129). The amended statute requires a background check of the FBI’s National Instant Criminal Background Check System (NICS) prior to issuance of permits and renewals as well as a check of the U.S. Immigration and Customs Enforcement (ICE) records for noncitizen applicants. (Please refer to GCIC Operations Bulletin 2009-08). Displays complete Georgia criminal history to include sealed records that contain completed first offender sentences for drug offenses. Does not display other sealed or juvenile records. Disseminates III criminal history. Probate Court ORI must be used to receive complete records and NICS checks. Requires consent of individual (permit application is acceptable as consent). Weapon release/transfer checks – Authorized for use by Police Departments and Sheriff’s Offices to check persons who pawned firearms and before returning weapons from evidence. Displays complete Georgia criminal history except sealed and juvenile records. No consent required. GCIC Policy Manual Rev. 2011 H Public Housing Authority (PHA) use allowed for IQ only. Public Housing Authority ORI ending in Q is required. J The IQ responses will provide a list of three subjects whose name and personal descriptors match or are close to those of the inquiry. The local law enforcement agency is authorized to inform the PHA that the applicant may have a criminal history within Georgia and the FBI’s Interstate Identification Index. If the PHA wants to obtain the full NCIC III criminal history record, the applicant’s fingerprints must be submitted through an approved channeling agency. The FBI will provide applicant cards, bearing the PHA ORI number, without cost. If the FBI makes a positive identification, the matching record from the III file will be provided to the PHA. If a negative match is made, the FBI will advise the PHA that the subject has no criminal history record on file. Requires consent of individual. The option of using Purpose Code E with a signed consent form or fingerprint cards for a Georgia record has not changed. Criminal Justice (CJ) Employment – civilian employment with a criminal justice agency or the screening of employees of other agencies over which the criminal justice agency maintains management control. Displays complete Georgia criminal history except sealed and juvenile records. Disseminates III criminal history. Requires consent of individual. This code is also used for the following: Security of a criminal justice facility Vendors or contractors at the CJ agency who ARE involved with the actual administration of criminal justice at the CJ agency, e.g. personnel involved with maintenance of computer systems, upgrading record systems, data entry clerk, etc. Volunteers at the CJ agency, who ARE involved with the actual administration of criminal justice at the CJ agency, e.g. volunteer dispatcher, volunteer data entry clerk, volunteers at a confinement facility who are providing rehabilitative services, etc. GCIC Policy Manual Rev. 2011 L Lawyer Displays complete Georgia criminal history except juvenile records. Local criminal justice agencies may process CHRI requests from a Public Defender’s Office when that Office has a State assigned ORI (ends in S). When processing these CHRI requests, the local agency must use the Public Defender’s ORI and purpose code L. Consent of the individual (criminal defendant or witness) is not required. M Individual is applying for employment with a facility, as defined in O.C.G.A. §37-3-1 or O.C.G.A. § 37-4-2, that provides services to persons who are mentally ill, as defined in O.C.G.A. §37-3-1, or mentally retarded, as defined in O.C.G.A. § 37-4-2. Applicants seeking employment with facilities per statute. N Individual is applying for employment with a nursing home, personal care home or a person or entity that offers day care for elderly persons. Applicants seeking employment with facilities per statute. O Displays complete Georgia criminal history to include completed first offender sentences for certain offenses when the offender was discharged on or after July 1, 2004. Requires consent of individual. Displays complete Georgia criminal history to include completed first offender sentences for certain offenses when the offender was discharged on or after July 1, 2004. Requires consent of individual. Authorized for use by Georgia Insurance Commissioner (GA0603900). Displays complete Georgia history except for local expungements and juveniles. P Public Records Displays Georgia felony convictions only. No consent required. S Security Clearance - Authorized for use by Federal SCIA GCIC Policy Manual Rev. 2011 agencies with an ORI that ends with an R V VISA Applicants Authorized for use when the III transaction is made for the purpose of determining eligibility for visa application. Limited to IQ inquiries by the Department of State, Consolidated Immigrant Processing Visa Center. W Displays complete Georgia criminal history to include completed first offender sentences for certain offenses when the offender was discharged on or after July 1, 2004. Requires consent of individual. Exigent Purposes - Authorized for use by DHR Office of Investigative Services (GA060019T) for emergency placement of children under exigent circumstances. There is a requirement to follow up with submission of fingerprints within 15 days, unless there is no placement and then that must be logged by DHR. Z Disseminates III criminal history. Requires consent of individual. Individual is applying for employment with a public school, private school, child welfare agency or a person or entity that provides day care for minor children or after school care for minor children. Applicants seeking employment with facilities per statute. X Displays complete Georgia record except sealed and juvenile records. Disseminates III criminal history. Displays complete Georgia criminal history except sealed and juvenile records. Disseminates III criminal history. No consent required. Criminal Justice Employment - Authorized for criminal justice employment checks on sworn personnel/personnel certified by POST. Displays complete Georgia criminal history to include sealed records that contain completed first offender sentences for any offense. Disseminates III criminal history Requires consent of individual. GCIC Policy Manual Rev. 2011 Other employees who are POST-certified and/or designated as peace officers: Employees of the Department of Transportation in the Office of Permits and Enforcement Employees of the Department of Juvenile Justice who are designated by the commissioner to investigate and apprehend unruly and delinquent children Employees of the Department of Corrections or municipal Correctional institutions that employ 300 or more Correctional officers, county probation systems, and county correctional institutions who are authorized to exercise powers of arrest. Employees of the State Board of Pardons and Parole Administrative investigators who are agents, operatives, investigators, or officers of this state whose duties include the prevention, detection and investigations of violations of law and the enforcement of administrative, regulatory, licensing, or certification requirements of his or her respective employing agency POST-certified jail and juvenile corrections officers POST-certified communications officers Definitions: 1. Completed First Offender Act - O.C.G.A. § 42-8-62. Seals only the specific charge(s) for which the offender received the First Offender Act discharge. All other charges, containing other dispositions, will be released. 2. Local Expungement - O.C.G.A. § 35-3-37(d). Seals only the specific charge(s) approved for such expungement. All other charges, containing other dispositions, will be released. 3. Sealed Record – Completed First Offender Act disposition and local expungement records. Seals only the specific charge(s) approved for such sealing. Does not include exclusions noted in O.C.G.A. § 35-3-34.1 when the offender was discharged under the First Offender Act on or after July 1, 2004. Any other charges, with other dispositions, will be released. 4. Juvenile – An offender who was 16 years of age or younger at the time of arrest, charged with a felony offense and not being treated as an adult. Active and sealed juvenile records are available to law enforcement for administration of criminal justice purposes. Court order required for release of destroyed juvenile records to criminal justice agencies. GCIC Policy Manual Rev. 2011 The following chart indicates the files that are checked and which purpose codes require consent: Purpose Codes Consent Form Required* C F J E P H D L M N O S V W X Z X X X X X X X X X X Checks Georgia CCH Checks FBI III X X X X X X X X X X X X X X X X X X X Disseminates Georgia First Offender Information X X** X X X X** X** X X X X** X X X *A set of applicant fingerprint cards may be used instead of a signed consent form. **Only certain types of offenses will be disseminated. Refer to Appendix A for examples of consent forms. 4.5 DISSEMINATION State and Federal laws control the dissemination of CHRI. CHRI may be requested via terminal and disseminated for: • • • • • • Investigative and/or court use Criminal justice employment Public and private employment Licensing Individual inspection of records National security checks GCIC Policy Manual Rev. 2011 • Other reasons as provided by law Applicable laws and each requestor’s authority and purpose determine the type and amount of CHRI disseminated. State Umbrella Statute: Public Law (Pub L.) 92-544 statutes provide for national fingerprint based criminal history record checks for licensing or employment purposes by governmental entities. Such statutes must be specific in nature, identify the category of applicants, require fingerprinting of the applicants and authorize submission of the fingerprints to the FBI for a national criminal history record check. With the amendment of O.C.G.A 35-3-35(a)(1) an “umbrella” 92-544 statute was enacted allowing local non-law enforcement governmental authorities to require, by rule, regulation or ordinance, the fingerprinting of applicants or licensees in specified occupations for receiving CHRI. An umbrella statute allows greater latitude to local non-law enforcement governmental agencies that want to require fingerprinting for specific employment and licensing purposes. With the enactment of an umbrella 92-544 statute in Georgia, local authorities can determine what occupations to criminally background, especially in light of particularized or exigent circumstances, e.g. natural disasters. Procedures are set forth in the GCIC Operating Manual. CHRI provided through the CJIS network; is current and valid only, at the time that it is received. The GCIC updates the computerized criminal history database daily. 4.5.1 LOGGING OF DISSEMINATIONS GCIC maintains computerized logs of all criminal history record requests transmitted to GCIC via the CJIS network (GCIC Council Rule 140-2-.06). The log consists of information obtained from the criminal history record inquiry. The information in each inquiry includes: • • • • Date, time and purpose of each inquiry or request; Identification of the actual requester; and the name or initials of the terminal operator Identification of the person inquired upon in the record inquiry message Each record subject's GCIC assigned state identification number (SID) and/or FBI number in record request messages GCIC Policy Manual Rev. 2011 • Agency Reference Numbers (ARN) must be used with purpose codes C, F, L, or X. The ARN for purpose code L must be a case number or docket number. The ARN for purpose code C, F or X can be incident report numbers, criminal case numbers, docket numbers, citation numbers, warrant numbers, inmate numbers, or other significant numbers, which link criminal history record requests to criminal investigations, and create an audit trail. 4. 5.2 METHODS OF DISSEMINATION TO CRIMINAL JUSTICE AGENCIES Method Face to Face Condition Upon presentation of identification Telephone Only between criminal justice personnel when the disseminator is positive of the requestor's identity. Facsimile A facsimile device not connected to a CJIS system may be used to transmit hardcopy criminal history records provided both agencies involved have a NCIC ORI authorized to receive criminal history information (FBI Security Policy). Mail Radio Telephone notification prior to the transmission of information should be initiated to verify the authenticity of the receiving agency. Only after verification of requestor's address, purpose, and authority. Any electronic device that uses wireless or radio technology to transmit voice data may be used for transmission of CHRI when an officer determines there is an immediate need for this information to further an investigation or there is a situation affecting the safety of an officer or the general public. GCIC Policy Manual Rev. 2011 4.5.3 METHODS OF DISSEMINATION TO NON-CRIMINAL JUSTICE ENTITIES Method Face to Face Condition Upon presentation of identification Mail Only after verification of requestor's address, purpose, and authority. Facsimile Telephone notification prior to the transmission of information should be initiated to verify the authenticity of the receiving agency. Ex: 911 Center, etc… 4.5.4 OTHER AUTHORIZED DISSEMINATIONS Georgia criminal justice agencies can request and disseminate CHRI for the following reasons. (Check the current GCIC Council Rules for cases not covered below). • ATTORNEY ACCESS PRIVATE ATTORNEY ACCESS CHRI from local and GCIC files pertaining to a defendant or witness in a criminal case may be disseminated to the defendant’s attorney upon written request to GCIC for each person on which a record is requested. The criminal defense attorney may obtain this information from GCIC based on submission of a written request which must contain the type of the (i.e. State vs. John Doe) and the name and identifying information (sex, race, date of birth, and social security number) for each person on which a record is requested. Written requests should be mailed, faxed or emailed as indicated below: Georgia Crime Information Center Criminal History/Identification Services ATTN: Attorney Request P.O. Box 370748 Decatur, Georgia 30037-0748 FAX: 404-270-8386 Email: [email protected] GCIC Policy Manual Rev. 2011 Such disseminations may only be made by GCIC. PUBLIC DEFENDERS Assignment of an ORI number: enables the Public Defender’s Office to make arrangements with any local law enforcement agency or court to run criminal history records on their behalf. Inquiries must contain the ORI of the Public Defenders Office and are conducted with Purpose Code “L”. Consent of the individual (criminal defendant or witness) is not required. Agencies should create a system for audit purposes (i.e. a log) that contains, at a minimum, the criminal defense attorney’s name, address, type of case (State vs. John Doe), and the name and identifying information (sex, race, date of birth, and social security number) for each person for whom a record is requested. DO NOT disseminate CHRI obtained from GCIC files to defense attorneys on individuals who are not a defendant or witness, including juveniles. Access to criminal history record information by attorneys varies depending upon whether the attorney is requesting information in a criminal or civil case (refer to the GCIC Operating Manual for further instruction). Refer to Appendix A for examples of consent forms. • MILITARY LAW ENFORCEMENT AND COURT MARTIAL Military law enforcement personnel: Criminal justice agencies may provide CHRI to military police, criminal investigative, and intelligence personnel who present authentic credentials and legitimate criminal justice reasons for the requested records. Use purpose code C. An Agency Reference Number (ARN) must be provided. Pre-employment or security clearance checks are not legitimate reasons to use purpose code C. (Use purpose code E with a signed consent form) Military courts: Terminal agencies may request CHRI from GCIC for use in military special court martial and general court martial upon certification by a military judge that the CHRI requested is required for the administration of military justice. Use purpose code C. An ARN must be provided. GCIC Policy Manual Rev. 2011 • FEDERAL AGENCIES Federal law requires all state and local criminal justice agencies to provide the U.S. Department of State, Office of Personnel Management (OPM), Defense Investigative Service (DIS), Federal Bureau of Investigation (FBI), and Central Intelligence Agency (CIA) with CHRI, regarding individuals being investigated for eligibility to access classified information or for assignment to sensitive national security duties (GCIC Council Rule 140-2-.04). Use purpose code E. (A signed consent form is not required) Agencies must adhere to the following guidelines: • • • 4.6 Verify each requestor's identity by visual inspection of credentials. The same fee may be charged to these agencies as charged to non-criminal justice requestors (i.e. private employers). Applicant fingerprint cards or consent forms are not required. CITIZENSHIP Local law enforcement agencies may be asked to fingerprint applicants for U.S. citizenship. DO NOT request or disseminate CHRI. When the fingerprinting process is completed, instruct the applicants to return their fingerprint cards to federal authorities; the FBI will conduct the record checks. 4.7 DEPARTMENT OF FAMILY & CHILDREN SERVICES • CRIMINAL When receiving requests for criminal record checks by DFACS employees investigating child abuse cases, apply the following guidelines: • Use Purpose code C. • FBI III replies CANNOT be provided to DFACS. Provide FBI III replies to law enforcement investigators or the prosecutors’ office investigating the case in question. • Only Georgia records shall be provided to the DFACS requestor. • DFACS employees must provide a unique case number for the Agency Reference Number field (ARN) of CHRI transactions. GCIC Policy Manual Rev. 2011 • • The Attention (ATN) field of CHRI transactions must include the Name of the DFACS requestor, the acronym DFACS, and the name or initials of the terminal operator. CIVIL When receiving requests for foster care or adoption checks from DFACS employees, use the following guidelines: 4.8 • Use purpose code E (a signed consent form or fingerprint card is required) • Provide the Georgia record to the DFACS employee • The Attention (ATN) field of CHRI transactions must include the name of the DFACS requestor, the acronym DFACS, and the name or initials of the terminal operator • DFACS can be referred to their command center for emergency placement of children to provide a background check using purpose code X. ADOPTIONS Legislation was passed which amended O.C.G.A. § 19-8-16, relating to investigation by a child-placing agency or other agency to require a petitioner to submit to a fingerprint based state and national criminal history records check. Specifically O.C.G.A § 19-8-16(d) was revised to state that the court shall require the petitioner to submit to the records check. Fingerprints may be submitted to the GCIC on fingerprint cards or via approved electronic submissions. The GCIC will forward the fingerprints to the FBI for the national search. 4.9 CRIMINAL RECORD CHECK FOR NURSING HOME EMPLOYMENT Local agencies may provide record checks on prospective nursing home employees (O.C.G.A. § 31-7-351). This does not include persons employed by nursing homes prior to the effective date of April 12, 1995. Use the following guidelines: GCIC Policy Manual Rev. 2011 • Use Purpose Code N (a signed consent form or fingerprint card is required) • Requests shall be processed within a reasonable time not to exceed three days • Fees may be charged which shall be no greater than the cost to process record checks • If an adverse employment decision is made, the employer must notify the applicant that a criminal background check was made via GCIC, the contents of the record received from GCIC and the effect the record had on the employment decision. 4.10 CRIMINAL RECORD CHECK FOR PROVIDERS OF CARE TO CHILDREN, THE ELDERLY AND PERSONS WITH DISABILITIES (INCLUDING VOLUNTEERS) Code Section § 35-3-34.2 authorizes the exchange of national criminal history record 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. The purpose of this code section is to authorize and facilitate, but not require, the exchange of national criminal history record checks with authorized agencies on behalf of qualified entities as authorized under federal law. Requests for national criminal history record checks must be fingerprint based and submitted directly to GCIC. Please refer to the GCIC Operating Manual for further information. 4.11 PUBLIC ACCESS TO FELONY CONVICTION RECORDS Purpose Code P must be used by local agencies when processing requests for Georgia felony conviction record checks from the public (O.C.G.A. § 35-3-35). Fingerprint comparison, prior contact with GCIC or consent of the person whose record is being checked is not required. Georgia CJIS CCH printouts may be disseminated directly to requestors. A fee may be charged not to exceed $20.00 per request. GCIC Policy Manual Rev. 2011 4.12 PUBLIC HOUSING AUTHORITY Local law enforcement agencies may use Purpose Code H when conducting a background check for the Public Housing Authority. • The Public Housing Authority must have an FBI assigned ORI ending with the letter Q. The law enforcement agency will use that ORI to request the criminal history. • Only IQ inquiries for criminal history name search from Georgia and the FBI III files are allowed for this type of request. • The local law enforcement agency is authorized to inform the Public Housing Authority that the applicant may have a criminal history record indexed in the FBI III file. • If the Housing Authority wants to obtain the full NCIC criminal history record, two applicant fingerprint cards must be submitted directly to the FBI. The FBI will provide applicant cards, bearing the housing authority’s ORI number, without cost. • If the FBI makes a positive identification, the matching record from the National Fingerprint File (NFF) will be provided to the Public Housing Authority. If a negative match is made, the FBI will advise the Public Housing Authority that the subject has no criminal history record on file. The option of using Purpose Code E with a signed consent form or fingerprint cards for a Georgia record has not changed as a result of this federal law. Refer to Appendix A for examples of consent forms. 4.13 PROTECTION ORDER FILE Judges issue Protection Orders to prevent acts of domestic violence, prevent a person from stalking another person, prevent a person from intimidating another person and prevent a person from harassing another person. Judges in Civil Courts and Criminal Courts issue the Protection Orders. • Use Purpose Code D* for Stalking and Domestic Violence for Civil/Criminal Court Cases only. • Use Purpose Code C for Stalking and Domestic Violence for Criminal Investigations only. GCIC Policy Manual Rev. 2011 *Using Purpose Code D will not include First Offender information in records that have been sealed by the state. Purpose Code D is valid with court ORIs only. 4.14 CRIMINAL RECORD CHECKS ON LAW ENFORCEMENT OFFICERS FOR FAMILY VIOLENCE BACKGROUND It is unlawful for any person convicted of a “misdemeanor crime of domestic violence” to ship, transport, possess or receive firearms or ammunition, including law enforcement personnel (Federal Code 18-USC, Section 922(g)). • To determine continuing eligibility of law enforcement officers to serve, up to date criminal record checks should be initiated. • A consent form is required each time a record check is made unless the individual has signed a consent form permitting the agency to request a check at any time during their employment. • Use Purpose Code Z (for certified personnel only). Refer to Appendix A for an example of the consent form for law enforcement officers. GCIC Policy Manual Rev. 2011 CHAPTER 5 CJIS SECURITY PASSWORDS & STANDARDS 5.1 CJIS NETWORK SECURE PASSWORDS As the CJIS Systems Agency (CSA) for Georgia, GCIC is required to ensure passwords used for authentication (mechanisms or processes that verify users once they are uniquely identified) follow the secure password attributes when communicating with the GCIC CJIS network and comply with the FBI CJIS Security Policy. GCIC requires secure password attributes, which means that users must now follow the strong password construction guidelines when replacing passwords that have expired. A document detailing the secure password attributes can be found on the GCIC website: http://gcicweb.gbi.state.ga.us/cjis/ori/ 5.1.1 LOCAL CRIMINAL JUSTICE AGENCIES Local criminal justice agencies are similarly required to authenticate users, specifically from remote devices such as mobile units in vehicles. Authentication of each user’s identity can be a user ID and unique password combination implemented at the local agency (CJIS Security Policy, June 2007, Version 4.4, 7.0 Technical Security, 7.4 System Logon, 7.4.2 Authentication/Password, and 7.4.2.1 Introduction). The same secure password attributes apply to wireless (mobile) devices. Additionally, these passwords must change at least once every ninety (90) days. GCIC requires each agency to adhere to the following guidelines in the FBI CJIS Security Policy: • • • • • • Passwords shall be a minimum of eight characters on systems produced after September 30, 2005, and on all systems by September 30, 2010 Passwords shall not be a dictionary word or proper name Passwords and the user ID shall not be the same Passwords shall be changed at least every 90 days All systems procured after September 30, 2005 shall prevent password reuse of the last ten passwords Passwords shall not be transmitted in the clear outside the secure domain (CJIS Security Policy, June 2007, Version 4.4, 7.0 Technical Security, 7.4 System Logon, 7.4.2 Authentication/Password, 7.4.2.3 Passwords). GCIC Policy Manual Rev. 2011 The authentication strategy implemented by local criminal justice agencies shall be part of the GCIC audit for policy compliance. GCIC auditors will emphasize this area on audits to ensure agencies are in compliance. 5.2 PERSONNEL SECURITY SCREENING STANDARDS GCIC is required to establish policy for screening criminal history records of: • Local criminal justice agency personnel who have authorized access to FBI CJIS systems and • Those who have direct responsibility to configure and maintain computer systems and networks with direct access to FBI CJIS systems. The CSA/GCIC is required to establish procedures to review an individual’s criminal history record prior to granting systems access to that individual. The CJIS Security Policy states: a. To verify identification and state of residency, a national fingerprint-based record check shall be conducted within thirty (30) days upon initial employment or assignment for all personnel who have authorized access to FBI CJIS systems and those who have direct responsibility to configure and maintain computer systems and networks with direct access to FBI CJIS systems. Federal entities bypassing state repositories in compliance with federal law may not be required to conduct a state fingerprintbased record check. All requests for systems access shall be made as specified by the CSO (CJIS Systems Officer/GCIC Director). The CSO, or their official designee, is authorized to approve CJIS systems access. All official designees to the CSO shall be from an authorized criminal justice agency. b. If a felony conviction of any kind exists, the hiring authority in the Interface Agency may ask for a review by the CSO in extenuating circumstances where the severity of the offense and the time that has passed would support a possible variance. c. If a record of any other kind exists, systems access shall not be granted until the CSO or his/her official designee reviews the matter to determine if systems access is appropriate. (CJIS Security Policy, June 2007, Version 4.4, 4.0 Security Enforcement, 4.5 Personnel Security, 4.5.1 Personnel Background Screening for Systems Access and Computer Terminal/Records Storage Areas Access). GCIC Policy Manual Rev. 2011 Each criminal justice agency must designate an individual to make a decision concerning FBI CJIS systems access. This person will serve as an official designee to the CSO and have the authority and responsibility to review an individual’s complete criminal history record and decide whether to allow FBI CJIS systems access based on the information contained in the criminal history record. When a felony conviction exists, the CSO requires an agency to initially deny FBI CJIS systems access. In extenuating circumstances, and where the offense type and/or sufficient time have passed to support a possible variance, the agency hiring authority can ask for a review by the CSO. Guidance regarding non-felony convictions may be found in GCIC Council Rule 140-2-.09 (2) Personnel Security Standards, which states “Criminal justice agencies, governmental dispatch centers and other governmental agencies handling criminal justice information shall disqualify applicants who have convictions of sufficient misdemeanors to establish a pattern of disregard for the law. If the applicant appears to be a fugitive or have an arrest history without conviction for a felony or serious misdemeanor, the Director or criminal justice agency head, or his/her official designee, will review the matter and decide if access/employment is appropriate”. Local criminal justice agency heads must designate an individual who is responsible for reviewing criminal history information and approving FBI CJIS systems access. GCIC auditors will emphasize this area on audits to ensure agencies are in compliance. GCIC Policy Manual Rev. 2011 CHAPTER 6 CJIS NETWORK OPERATIONS 6.1 MESSAGE RETENTION GCIC logs and retains all transmissions sent or received by or through Georgia CJIS network devices for four years. Agencies must destroy all printouts generated by CJIS terminals when no longer needed. Agencies must use a secure destruction method, such as shredding or burning. Destruction must be handled or supervised by criminal justice agency employees. As long as a case is active and an entry still exists in GCIC/NCIC files, terminal printouts associated with that case must remain with the case file until the record is removed. Other than providing supporting documentation for active case files, GCIC does not prescribe local agency retention limits for any CJIS network terminal printouts. 6.2 UNAUTHORIZED MESSAGES CJIS network terminals are for official criminal justice and public safety message business only. The GCIC Deputy Director reports violations to agency heads. 6.3 AUTHORIZED MESSAGES Record Transaction Messages: These messages access files maintained by GCIC, NCIC, Nlets, other state repositories, and/or other agencies whose computerized records are available to criminal justice and public safety agencies. These messages have prescribed formats and message keys which are described in the GCIC Operating Manual. A copy of the manual should be available for use at each terminal directly connected to the CJIS network. Interface agencies must provide manuals, which conform to GCIC requirements. Administrative Messages: Administrative messages can be sent to other criminal justice agencies in Georgia or elsewhere in the U.S., Canada, or other foreign countries through INTERPOL. Instructions are described in the Data Communications section of the GCIC Operating Manual. GCIC Policy Manual Rev. 2011 6.4 ADMINISTRATIVE MESSAGES Administrative messages are for official criminal justice and public safety purposes only. Administrative messages may be sent: • • • • • to one terminal only to groups of terminals as area broadcasts as statewide broadcasts as nationwide broadcasts DO NOT use administrative messages for the following purposes: • Personal or private interests Social Announcements Recruitment of Personnel Messages in which the victim is only interested in the recovery of property Attempts to locate a person WITHOUT a warrant Messages of excessive length Subpoenas Curiosity Political or Labor activities Messages relating to requests for information concerning salary, uniforms, or personnel Hit Confirmation requests and responses (YQ/YR) Messages relating to the advertisement or sale of equipment Messages regarding wanted subjects or vehicles if they can be entered into GCIC/NCIC Note: Per NCIC guidelines it is not mandatory for other states to use the YQ/YR format for the HIT Confirmation process. If an agency receives an AM message within the designated time frame in lieu of the expected YR, a second request is not necessary. The AM is recognized as a substantive response by NCIC from other states. Transmitting unauthorized terminal messages is strictly prohibited. 6.5 GEORGIA AND NATIONAL BROADCASTS A Georgia and/or National Broadcast message can be received by multiple agencies within a particular region. See the Data Communications section of the GCIC Operating Manual for Region Broadcast Codes. GCIC Policy Manual Rev. 2011 DO NOT use broadcast messages for the following purposes: Attempt-to-Locate Messages. Messages regarding wanted/missing subjects or vehicles if they can be entered into GCIC/NCIC. Messages on runaways if they can be entered into GCIC/NCIC. Messages relating to requests for information concerning salary, uniforms, personnel, or related items that can be routinely obtained by correspondence or means other than statewide or national broadcasts. Georgia and National broadcast restrictions may be waived when: 6.6 A record cannot be entered into GCIC/NCIC files. Important additional information exists that cannot be entered into the record in GCIC/NCIC files. A serious threat exists to law enforcement officers or other persons who may encounter the subject without warning. HOT FILE ENTRY ACCESS Terminal agencies must comply with the Hit confirmation procedures on a 24hour basis before GCIC will authorize record entries. If an agency’s terminal is not monitored at all times, the agency must have a service agreement with another agency to provide continuous coverage. 6.7 HIT CONFIRMATION POLICY 6.7.1 HIT MESSAGE DEFINITION These messages indicate that information contained in an inquiry may match one or more GCIC/NCIC hot file records. 6.7.2 PROBABLE CAUSE A GCIC/NCIC Hit may not, by itself, be probable cause for arrest of an individual, seizure of property or detaining a missing person. You must first receive confirmation from the originating agency that the record is current and valid, verifiable identification of the subject or property, and the age of the record returned in response to your inquiry. GCIC Policy Manual Rev. 2011 6.7.3 HIT CONFIRMATION REQUEST A hit confirmation request is a process that must be initiated by the inquiring agency, after receiving a positive hit response. Whenever the information in a response describes the person or property in question and the inquiring agency has control of the person or property, you must contact the entering agency by using message key YQ. The purpose of the hit confirmation process is to determine if the record in the hit response is current and valid and to alert the originating agency to the location of the person or property described in the GCIC/NCIC record. Hit Confirmation requests and responses must be included with the record entry documentation. There are two levels of priority allowed when requesting a hit confirmation: Urgent - Within 10 minutes. When a hit is the only basis for detaining a suspect, or the nature of a case requires urgent confirmation of a hit, the highest level of priority is specified. Routine - Within 1 hour. Used when the person or property is being held on local charges or when an urgent confirmation is not required. Priorities are always established by the agency requesting confirmation and are a required field for all hit confirmations. When an extradition limitation is in the miscellaneous field and the agency finding the wanted person is outside the area of geographic extradition indicated, the record does not need to be confirmed and the record should not be located. 6.7.4 HIT CONFIRMATION RESPONSE A response time to a Hit Confirmation request is based on the PRI (Priority Designation) used by the requesting agency. You must respond in one of the following ways: Confirm the Hit: Advise the requesting agency that the information included in the record in question is accurate, current, and valid. GCIC Policy Manual Rev. 2011 Deny the Hit: Advise the requesting agency that the information included in the hit message is no longer valid or that it does not match the information your agency has on file. If it is no longer valid, it must be cancelled immediately. More time is needed: If more time is needed to obtain or review the case file in order to determine the validity of the record, respond to the requesting agency specifying the amount of time needed. (Keep in mind, however, that if the request is Urgent that the request may be the only basis for detaining a suspect). Note: Per NCIC guidelines it is not mandatory for other states to use the YQ/YR format for the HIT Confirmation process. If an agency receives an AM message within the designated time frame in lieu of the expected YR, a second request is not necessary. The AM is recognized as a substantive response by NCIC from other states. 6.7.5 FAILURE TO RESPOND TO HIT CONFIRMATION REQUESTS When an agency fails to respond to a hit confirmation request the risk of injury to law enforcement officers and liability for law enforcement agencies increases. The following procedures are established to ensure compliance with GCIC’s policies and procedures for responding to hit confirmation requests. • GCIC will monitor network activity and record all incidents of hit confirmation failure. • When a significant pattern of hit confirmation failure is found within an agency, written notification will be sent to the agency head from the GCIC Deputy Director requesting a written response within 30 days on what actions have been or will be taken to resolve the problem. • Continuing problems will result in formal notification to the GCIC Council with recommendation for sanctions as prescribed in GCIC Council Rules. • Possible sanctions include purging of GCIC/NCIC Wanted/Missing Person, Protection Order, Gang, and Stolen Property records, restricting access to specific GCIC/NCIC files, and the suspension/revocation of access to the Georgia CJIS Network. GCIC Policy Manual Rev. 2011 6.8 • Agency heads will receive written notification of all formal sanctions to be taken. • All correspondence will become part of an agency audit file and will have a direct bearing on their compliance with GCIC/NCIC audit standards. HELP FILE Help files are to assist criminal justice and public safety agencies interpret information received from in-state and out-of-state files. To determine which states and federal agencies maintain Help files, inquire into the Nlets Help file. For inquiry procedures refer to the GCIC Operating Manual, Data Communications Section. 6.9 WEATHER INFORMATION DEFINED Weather inquiries provide information regarding severe road conditions and travel advisories in participating states. For inquiry procedures refer to the GCIC Operating Manual, Data Communications section. 6.10 AGENCY INFORMATION An agency's address and telephone number are available by inquiring into the CJIS network. You can inquire by city, county or ORI of the agency. For inquiry procedures refer to the GCIC Operating Manual, Data Communications section. Only GCIC can make changes to agency name, address, telephone number, FAX number and ORI for agencies in Georgia. Terminal Agency Coordinators must notify GCIC if any changes need to be made to their agency’s listed contact person, telephone number, FAX number, street address, and mailing address if different from the street address. Procedures are set forth in the GCIC Operating Manual. 6.11 ORIGINATING AGENCY IDENTIFIER (ORI) NUMBER REQUEST AND DISSEMINATION PROCEDURES The Originating Agency Identifier (ORI) is a nine-character identifier assigned by the FBI Criminal Justice Information Services (CJIS) staff to a criminal justice agency which has met the established qualifying criteria for ORI assignment. The ORI is used to identify the agency in transactions on the NCIC system or in GCIC Policy Manual Rev. 2011 criminal history source document submissions. In addition, it is used to validate criminal history record requests and route criminal history record responses. ORI numbers are also assigned by FBI CJIS staff to non-criminal justice governmental agencies authorized by state statute to submit fingerprints for FBI criminal history record checks for employment or licensing purposes. Each applicant fingerprint submission must contain the authorized agency’s FBI assigned ORI. FBI assigned ORIs are not confidential and may be released to any employing/licensing entity for the purpose of conducting a fingerprint-based criminal history record check. The agency making a fitness determination must provide its ORI to an applicant when the applicant goes through the Georgia Applicant Processing Service (GAPS) for a fingerprint-based state and national criminal history record check. ORI Request Process Criminal justice agencies – The agency head must submit a written request, on agency letterhead, to GCIC. Each request shall include: official agency name, name and title of agency head, contact name (if different from agency head), telephone number, facsimile number, mailing address, physical address/location (if different from mailing address) and hours of operation. A newly created agency must also provide copies of authoritative statutes, ordinances and duties. Non-criminal justice agencies – The agency head or designee must submit a written request, on agency letterhead, to GCIC with a brief description of services provided. Additionally, the request must state whether the agency is requesting an ORI to conduct FBI fingerprint-based record checks under the authority of 1) a specific state law (O.C.G.A.) that is a FBI approved Public Law (Pub. L.) 92-544 statute or 2) federal authority [such as the Adam Walsh Child Protection and Safety Act or the National Child Protection Act/Volunteers for Children Act (NCPA/VCA)]. Further information may be necessary for ORI requests to conduct FBI record checks under federal authority. The Assistant Deputy Director (ADD) of Information Services or a designee will review each request for agency qualification and required documentation. Requests meeting the qualification and documentation criteria are forwarded to the FBI CJIS Division for ORI assignment. If a request does not meet the criteria, the ADD or a designee will contact the agency and explain what is needed to gain approval or why the agency does not qualify for an ORI. Written notification of ORI assignment will be sent to each agency. The agency head of each new or re-activated criminal justice agency will receive an information packet with a copy of all current GCIC Operations Bulletins, the Rules of the GCIC Council and a GCIC Awareness Statement. Non-criminal GCIC Policy Manual Rev. 2011 justice agencies will receive a copy of the Rules of the GCIC Council and a GCIC Awareness Statement. Contact information for the ADD of Information Services is: Neil Gerstenberger Georgia Crime Information Center P.O. Box 370808 Decatur, GA 30037-0808 6.12 MESSAGE RETRIEVAL DEFINED The System Retrieval Program (SRP) retrieves a CJIS network message received by your terminal within the past 48 hours (LEMS) and 14 days (LEMS/JX) with the capability of sending the message to another Georgia CJIS network device. The LEMS Retrieval Program (RET) retrieves a message received by your terminal within the past 24 hours (LEMS) and 14 days (LEMS/JX). (Refer to the GCIC Operating Manual, Data Communications). The message retrieval program must not be used to transmit criminal history records to other CJIS network terminals. Procedures are set forth in the GCIC Operating Manual. 6.13 HAZARDOUS MATERIALS INFORMATION (HAZMAT) DEFINED Information on handling hazardous materials is available through CJIS network terminals by performing an inquiry into the Hazardous Materials (HAZMAT) file. To identify the materials being transported, use the four-digit identification code found on the diamond-shaped sign attached to the vehicle or railroad car (refer to the GCIC Operating Manual, Data Communications). 6.14 GCIC/NCIC DATA FILES The following files can only be used for the administration of criminal justice or as otherwise provided by law: • VEHICLE, BOAT AND AIRCRAFT REGISTRATION The following information is found in these files: Legal ownership GCIC Policy Manual Rev. 2011 Vehicle identification Lien holder information County where tag was issued or is currently registered Registration inquiries automatically check GCIC/NCIC files to determine if vehicles, boats or aircraft have been reported as stolen. Questions regarding information in these files should be directed to the appropriate state or federal agency. • DRIVER’S LICENSE Driver’s License registration and history information on all persons licensed to operate vehicles in Georgia and in other states is available through the CJIS network. Driver’s license inquiries automatically check GCIC/NCIC files to determine if subjects are wanted, missing, on probation or parole, a registered sex offender, or if a protection order is in NCIC files. Inquiries using name, sex, and date of birth have a greater chance of producing a positive Hit response from the persons file than inquiries by the Operator’s License Number (OLN). Effective July 1, 2006, local fire departments or law enforcement agencies are allowed to use the Georgia Crime Information Center (GCIC) Criminal Justice Information System (CJIS) network to obtain an individual’s Georgia driver’s history record as part of an application for employment or, for use relative to the performance of an employee’s official duties (O.C.G.A. § 40-5-2). Law enforcement agencies may continue accessing the Driver’s License database for investigations or prosecutions of alleged violations of law as authorized in O.C.G.A. § 40-5-2(c)(1)(D) (Please refer to GCIC Operations Bulletin 2007-08). The Georgia Department of Driver Services (DDS) provides on-line access to its driver history file for legitimate criminal justice use only. Refer Driver’s History requests for purposes other than criminal justice to the Georgia DDS: Georgia Department of Driver Services P.O. Box 80447 Conyers, Georgia 30013 Telephone: (678) 413 - 8400 GCIC Policy Manual Rev. 2011 • GEORGIA PAWN SHOP INVESTIGATION FILE Local pawn ticket information can be entered into a centralized Pawn Shop System. This information is available to all Georgia law enforcement agencies that have full authority (enter, modify, clear and cancel records) and are authorized to access Criminal History Record Information. Procedures are set forth in the GCIC Operating Manual. • SEXUALLY VIOLENT OFFENDER REGISTRY (SVO) The Georgia Bureau of Investigation is responsible for maintaining the SVO Registry (O.C.G.A. § 42-1-12). This responsibility gives GBI the right to establish all policies and procedures that relate to the SVO Registry. The Department of Corrections and the State Board of Pardons and Paroles enters information pertaining to sex offenders who are released from prison or placed on probation, parole, or supervised release. A terminal message is generated to the Sheriff of the county where the offender resides and the offender has 72 hours from the date of registration to report to the Sheriff’s Department. Procedures are set forth in the GCIC Operating Manual. • NCIC PROTECTION ORDER FILE (POF) Protection Orders include injunctions or any other orders issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to, another person. Included are temporary and final orders issued by civil or criminal courts (other than support or child custody orders), in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. Procedures are set forth in the NCIC Operating Manual. • U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) LAW ENFORCEMENT SUPPORT CENTER The Immigration and Naturalization Service (INS) Law Enforcement Support Center (LESC) provides timely information on aliens suspected of criminal activity; and the status information of aliens under arrest. Procedures are set forth in the GCIC Operating Manual. GCIC Policy Manual Rev. 2011 • OUT-OF-STATE PAROLE, PROBATION AND CORRECTIONS This file is used to request out-of-state parole, probation and corrections information on a subject. Procedures are set forth in the NCIC Operating Manual. • GANG FILE The National Crime Information Center (NCIC) Gang File has been designed to provide identifying information about violent criminal gangs and members of those gangs to law enforcement personnel. This information serves to warn law enforcement officers of the potential danger posed by violent individuals and to promote the exchange of information about gangs and members to facilitate criminal investigations. Because the Gang File information is based, in part, on investigative information not previously subject to independent judicial review, strict adherence to policy on the security, use, and dissemination of Gang File information is necessary. Gang File information is exclusively for the use of criminal justice agencies for criminal justice purposes. In no case should Gang File information be disseminated to any noncriminal justice agency. Procedures are set forth in the NCIC Operating Manual. • KNOWN OR APPROPRIATELY SUSPECTED TERRORIST (KST) FILE Based upon Homeland Security Presidential Directive-6 signed in September 2003, the Terrorist Screening Center (TSC) was established to consolidate the Federal Government's approach to terrorism screening and to provide for the appropriate and lawful use of terrorist information in the overall screening process. The TSC alone has the authority to enter and update a record for an individual who has been nominated as a known or appropriately suspected terrorist subject to the TSC. Procedures are set forth in the NCIC Operating Manual. GCIC Policy Manual Rev. 2011 • HOT FILES GCIC and NCIC maintain files for use by criminal justice and other authorized agencies. These files are created and updated by CJIS network terminal agencies. With the amendment to O.C.G.A. 35-3-36 (e): All persons in charge of law enforcement agencies shall submit to the center detailed descriptions of arrest warrants and related identifying data for all felonies and for the misdemeanors and violations designated in subparagraph (a)(1)(A) of Code Section 35-3-33 immediately upon determination of the fact that the warrant cannot be served for the reasons stated. If any such warrant is subsequently served or withdrawn, the law enforcement agency concerned must immediately notify the center of the service or withdrawal. In addition, the agency concerned must annually, no later than January 31 of each year, and at other times if requested by the center confirm to the center all such arrest warrants of this type which continue to be outstanding. Refer to the NCIC manual for more information on NCIC Warrant Entries Procedures are set forth in the GCIC and NCIC Operating Manuals. 6.15 EXTRADITION Extradition limits indicate the distance the originating agency will travel to return a wanted person arrested by another agency. The entering agency should determine whether the Prosecutor will initiate extradition proceedings if the subject is arrested in another state, prior to entering a wanted person record in NCIC. If a wanted person will be extradited from some, but not all states, the entering agency must enter the geographic limitations of the extradition in the Miscellaneous field along with the appropriate extradition code (EXL). (example; will not extradite from west of the Mississippi). In instances where an agency is absolutely certain that the wanted person will not be extradited, the individual's record may be entered in NCIC with the appropriate extradition code. When a Georgia agency enters a record and another state refuses to permit the extradition, modify the EXL field and miscellaneous field of your record to indicate the state will not honor extradition. A Detainer Warrant is an official notice from one Law Enforcement agency to another requesting that an individual wanted by the first agency, but subject to the GCIC Policy Manual Rev. 2011 second agency’s jurisdiction, not be released or discharged without first notifying the wanting (or first) agency and giving it an opportunity to respond. Only Wanted Person File records in located status may receive detainer information. When a wanted person is found within the extradition area and the inquiring agency receives a positive inquiry response, confirms that the warrant is outstanding, and authorizes extradition, that agency must perform a locate transaction to place the record in located status. (Place a locate only when the individual is found within the extradition area). *If the locating agency intends to hold the individual on local charges, the locate transaction should indicate detention by placing DETN (detention) in the Extradition (EXT) Field. *Located records containing NOEX cannot have detainers appended to them. Procedures are set forth in the NCIC operating manual. 6.16 CAUTION INDICATORS Caution Indicators assist agencies in quickly determining if wanted/missing persons are: 00 = Armed and Dangerous 60 = Allergies 05 = Violent Tendencies 65 = Epilepsy 10 = Martial Arts Expert 70 = Suicidal 15 = Explosive Expertise 80 = Medication Required 20 = Known to abuse drugs 85 = Hemophiliac 25 = Escape Risk 90 = Diabetic 30 = Sexually Violent Predator – Contact ORI for Detailed Information 40 = International Flight Risk 50 = Heart Condition 55 = Alcoholic 01 = Other (Explain in MIS Field) Use caution indicators to enter a wanted or missing person record when potential danger to the apprehending officer exists. Procedures are set forth in the GCIC Operating Manual. 6.17 TEMPORARY FELONY RECORDS A Temporary Felony record entry in NCIC files permits prompt action on suspected felons meeting the following criteria prior to the issuance of a warrant: GCIC Policy Manual Rev. 2011 • • • Subjects who have committed a felony. Subjects who an officer has reasonable grounds to believe have committed a felony. Subjects who may be seeking refuge by fleeing across jurisdictional boundaries while circumstances prevent the immediate issuance of a warrant. A warrant for the arrest of the individual must be obtained as soon as possible and the temporary felony wanted person record message key field must be modified to a permanent wanted person record entry. Temporary felony records are automatically removed after 48 hours. 6.18 MISSING PERSONS When persons of any age are reported as involuntarily missing, missing and endangered, missing and disabled or missing as disaster catastrophe victims, follow these guidelines: Before entry, obtain documentation that supports NCIC record entries, such as: • Official police report of a missing person • Written statements from a physician or other authoritative source verifying the missing person's physical or mental disability. • Written statements from a parent, legal guardian, next of kin, or other authoritative source advising that the persons are missing under circumstances indicating that his/her physical safety may be in danger. • Written statements from a parent, legal guardian, next of kin, or other authoritative source advising that the missing persons' disappearance was not voluntary. • Anyone under the age of 21 should be entered within two hours after enough information is obtained to complete an entry per Federal Law and NCIC Policy. AMBER ALERT (LEVI’S CALL) NCIC has implemented the capability to flag a missing person record associated with an AMBER ALERT (in Georgia, LEVI’s CALL). Once determination has been made that an AMBER ALERT (LEVI’s CALL) will be issued, agencies may enter the missing person using either message key EMI, EMIC, EME or EMEC with the Missing Person (MNP) code AA. To place AA in the MNP field, the missing person’s age should be less than 18 years. Use of the AA code will generate a $.8. AMBER ALERT notification to the National Center for Missing GCIC Policy Manual Rev. 2011 and Exploited Children (NCMEC) and the FBI. In addition, hit responses will be preceded by the following: *****AMBER ALERT*****ISSUED FOR NIC/MICXXXXXXXXX*****AMBER ALERT If the missing person is already entered in NCIC when the decision to use an AMBER ALERT OR LEVI’S CALL is made, the record can be modified by changing the MNP to AA. This capability already exists and is operational for the majority of Georgia agencies (agencies with direct access using GCIC LEMS formatted screens). NCMEC has agreed to place the AA code in the NCIC records for those agencies still needing to initiate internal programming and/or edit changes to allow for the new code. Agencies unsure if they already have this capability should contact their IT personnel and/or vendor. For agencies without this capability, for the NCMEC to place the AMBER ALERT (AA) code in an NCIC record, the agency must have already entered the missing person record in NCIC using message keys EMI, EMIC, EME or EMEC with MNP/CA. Contact the NCMEC at 1-800THE-LOST (1-800-843-5678), and provide the child’s name exactly as entered in NCIC and the NIC number. The NCMEC will perform a modify transaction to change the MNP/CA to AA. The NCMEC is staffed twenty-four hours a day, seven days a week (24/7). Procedures are set forth in the NCIC Operating Manual. *To initiate an AMBER ALERT (LEVI’S CALL) contact the GBI 24 hour communications center at 404-244-2600. 6.18.1 RUNAWAY JUVENILES (LESS THAN 21 YEARS OF AGE) Note: Per Federal Law and NCIC Policy, when agencies receive reports of missing juveniles, including runaways or any person less than 21 years of age, the records must be entered within two hours after enough information is obtained to complete an entry (42 USCS § 5780). • Juvenile courts have jurisdiction over these persons. • Georgia law enforcement agencies that locate these persons may detain them without court orders for involuntary return to parents, guardians, or legal custodians within Georgia (O.C.G.A. § 15-11-17). GCIC Policy Manual Rev. 2011 • Georgia law enforcement agencies which locate such persons from other states, reported as runaways in other states, may detain them under provisions of the Interstate Compact on Juveniles (O.C.G.A. § 39-3-2). Upon being detained, any such person is to be brought before the local juvenile court for processing (O.C.G.A. § 39-3-2). • Within sixty (60) days of entry of a missing juvenile, the agency must attempt to update the record with any available additional information—specifically medical and dental records for identification purposes (42 USCS 5780). Procedures are set forth in the NCIC Operating Manual 6.18.2 RUNAWAY MINORS (LESS THAN 21 YEARS OF AGE) Note: Per Federal Law and NCIC Policy, when agencies receive reports of missing juveniles, including runaways or any person less than 21 years of age, the records must be entered within two hours after enough information is obtained to complete an entry (42 USCS § 5780). Because Georgia law does not provide for the forcible detention and return of 17 year old Georgia runaways, include in the miscellaneous field of the record entry Locate Only - Do not Detain – Contact Agency via administrative terminal message. This will enable your agency to inform the parents, guardians, or legal custodians of the location of the person if they are found by other law enforcement agencies. • The Georgia Missing Children Information Center nor GCIC have been able to determine what Georgia courts, if any, have jurisdiction over 17 year old Georgia runaways. • Georgia law enforcement agencies locating such persons from other states, reported as runaways in other states, may detain them under provisions of the Interstate Compact on Juveniles (O.C.G.A. § 39-3-2). When confirming NCIC hits, determine if appropriate court documents have been obtained for the detention and return of the person. If so, those persons are to be brought before the local juvenile court (O.C.G.A. § 39-3-2). Otherwise, they should not be detained. Procedures are set forth in the NCIC Operating Manual. GCIC Policy Manual Rev. 2011 6.19 PERSONS PLACED ON PROBATION OR PAROLE The Offender Status records enable an arresting agency to identify the probation or parole officer who should be contacted regarding offenders' arrests or violations of the conditions of their probation or parole. These records are NOT Wanted or Missing person records. The name and telephone number of the appropriate probation or parole officer should be located in the Miscellaneous field. Georgia Offender Status Records disseminated via the CJIS network are maintained by the Georgia Department of Corrections. 6.20 VEHICLES ASSOCIATED WITH PERSON RECORDS A vehicle and/or license plate may be entered as part of a person record provided the location of the vehicle and/or license plate is unknown and the entering agency has reasonable grounds to believe that the person may be operating the vehicle or a vehicle bearing the license plate. Mere knowledge or verification with the appropriate department of motor vehicles that a vehicle and/or license plate is registered to the person does not meet the criteria for entry of either or both as part of the person record. Procedures are set forth in the GCIC Operating Manual. 6.21 U.S. SECRET SERVICE RECORDS The U.S. Secret Service (USSS) enters records into NCIC on individuals who may pose a threat to the President and other authorized protectees. When an agency makes an inquiry and receives a hit on a USSS entry, the agency is advised that the USSS is interested in the whereabouts of the person in question and no arrest should be made based on the information contained in the record. The USSS will also be advised by NCIC of the inquiry on the person in question. The USSS will initiate the process of any further investigation involving the person in question. 6.22 CANADIAN ARREST WARRANTS Canadian-issued warrants are entered and kept current by Canadian criminal justice officials. Hits on these warrants contain a statement advising inquiring agencies that no arrests can be made in the United States based on the Canadian warrants. The inquiring agency must contact the Royal Canadian Mounted Police to initiate the process for obtaining a U.S. extradition warrant. If the subject of the record is not a U.S. citizen, the inquiring agency is also directed to contact the nearest office of the U.S. Immigration and Customs Enforcement (ICE). GCIC Policy Manual Rev. 2011 6.23 ARREST OR DETENTION OF FOREIGN NATIONALS Federal law requires that law enforcement and criminal justice personnel who arrest and detain an individual, including a juvenile, who is identified as a foreign national must: • Determine the foreign national’s country of origin. Normally this is the country on whose passport, visa or other documents (i.e. foreign driver’s license) the individual is traveling. NOTE: The immigration status of the individual is immaterial. • In the absence of evidence (documents or a statement by the individual) that an individual is a foreign national, it will be assumed that arrestees are U.S. citizens. A person’s name, skin pigmentation, accent, or lack of familiarity with the English language is NOT evidence of foreign nationality. Consular notification is not required for routine traffic or similar cases where the foreign national is given a citation and released without being booked at the jail. If the foreign national’s country is NOT on the mandatory notification list below: Ask, without delay, the foreign national if he or she wants to have the consulate or embassy of his or her country notified of his or her arrest. If the foreign national asks for consulate or embassy notification, notify, without delay, the nearest consulate for the individual’s country of the arrest and detention. (This may be done by phone but FAX is better, especially if the arrest occurs outside of normal business hours. A listing of the phone and FAX numbers for foreign consulates in Georgia may be obtained from the Prosecuting Attorneys’ Council of Georgia. The U.S. Department of State maintains a listing for all foreign consulates in the U.S. on their web site: http://www.state.gov/www/travel/consular_offices/fco_index.html • If the foreign national does NOT want the consulate notified, document that fact in writing in the case file. If the consulate IS contacted, keep a written record of the date and time of the contact. If the national is from the following countries, notification is mandatory regardless of the wishes of the arrestee. GCIC Policy Manual Rev. 2011 Albania * Antigua Armenia Azerbaijan Bahamas Barbados Belarus Belize Brunei Bulgaria China (Peoples Republic) ** Costa Rica Cyprus Czech Republic Dominican Fiji Gambia Georgia Ghana Grenada Guyana Hungary Jamaica Kazakhstan Kiribati Kuwait Kyrgyzstan Malaysia Malta Mauritius Moldova Mongolia Nigeria Philippines Poland Romania Russian Federation St. Kitts/Nevis St. Lucia St. Vincent/Grenadines Seychelles Sierra Leone Singapore Slovak Republic South Korea Tajikistan Tanzania Tonga Trinidad/Tobago Turkmenistan Tuvalu Ukraine United Kingdom**** U.S.S.R *** Uzbekistan Zambia * Arrangements with these countries provide that U. S. authorities shall notify responsible representatives within 72 hours of the arrest or detention of one of their nationals. ** When Taiwanese nationals (who carry Republic of China passports) are detained, notification should be made to the nearest office of the Coordination Council for North American Affairs, the unofficial entity representing Taiwan’s interests in the United States. *** All U.S.S.R. successor states are covered by this agreement. They are: Armenia, Azerbaijan, Belarus, Georgia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. **** British dependencies are also covered by this agreement. They are: Anquilla, British Virgin Islands, Bermuda, Montserrat, and the Turks and Caicos Islands. Their residents carry British passports. GCIC Policy Manual Rev. 2011 • Foreign consular officials have the right under U.S. law to communicate with and visit their nationals who are held in jail, a YDC or other custody unless the individual objects to such visits. For additional information, call the U.S. Department of State at (202) 647-4415, FAX (202) 736-7559. Telephone inquiries after normal business hours may be directed to the Command Center of the Bureau of Diplomatic Security at (202) 663-0812. You may also write to the Office of the Assistant Legal Adviser for Consular Affairs, U.S. Department of State, Washington, D.C., 20520. 6.24 NCIC FOREIGN FUGITIVE FILE If an inquiry produces a response from the NCIC Foreign Fugitive File, you must contact INTERPOL to confirm that the foreign arrest warrant is valid. Do not arrest a subject based on a hit from the NCIC Foreign Fugitive File until you have confirmed the warrant information with INTERPOL. Procedures are set forth in the NCIC Operating Manual. 6.25 GUN FILE Serial-numbered weapons (and accessories) which use an explosive, compressed air or carbon dioxide to propel projectiles and have been stolen or recovered shall be entered in this NCIC file. Procedures are set forth in the NCIC Operating Manual. 6.25.1 RECOVERED GUNS Originating agencies must retain possession of recovered weapons until NCIC records are removed from the file. If the originating agency loses custody of a recovered gun, the record must be canceled. Procedures are set forth in the NCIC Operating Manual. 6.25.2 WEAPON SERIAL NUMBER GUIDELINES Stolen weapons without serial numbers may be entered into the NCIC files if the following apply: GCIC Policy Manual Rev. 2011 • The weapon has distinct point(s) of identification other than a true serial number. and • The weapon is connected with a major criminal investigation. The identification information or reference to the major investigation must be described in the Miscellaneous field. 6.26 ARTICLE FILE Stolen articles that can be identified by manufacturers' serial numbers or by unique owner-applied numbers, which do not meet the criteria of any other NCIC hot file, shall be entered into the NCIC Article file. Procedures are set forth in the NCIC Operating Manual and the NCIC Code Manual. 6.27 BOAT FILE Stolen boats may be entered into this NCIC file. Procedures are set forth in the NCIC Operating Manual and the NCIC Code Manual. 6.28 SECURITIES FILE Securities identified by unique serial numbers that have been stolen, embezzled or counterfeited shall be entered into this NCIC file. Procedures are set forth in the NCIC Operating Manual. 6.29 RETENTION LIMITS The following GCIC records are automatically purged after they have been on file for the indicated periods of time. GCIC Policy Manual Rev. 2011 VEHICLE RECORDS Record Type Stolen vehicle entered with VIN Stolen vehicle entered without VIN Felony vehicle Remains on File Balance of current year plus 4 years Vehicle part Balance of current year plus 4 years License plate Balance of current year plus 4 years Recovered/Abandoned vehicle 90 days 90 days If the license plate information is entered as part of a NCIC stolen vehicle record that also contains the VIN or OAN, the license plate information will remain in the stolen vehicle record for the year of entry plus 4 years. When the License Plate expires, a caveat will be included in positive responses which will read: “Warning – The following stolen vehicle record contains expired License Plate data. Use caution, contact entering agency to confirm status.” 90 days GUN RECORDS Record Type Stolen gun Lost gun Recovered gun Remains on File Until cleared or canceled Until cleared or canceled Balance of current year plus 2 years ARTICLE RECORDS Record Type Stolen article Remains on File Balance of current year plus 1 year GCIC Policy Manual Rev. 2011 PERSON RECORDS Record Type Wanted person Remains on File Until cleared or canceled Missing person Until cleared or canceled Unidentified person (dead or alive) Until cleared or canceled Missing juvenile Upon the missing juvenile’s 18th birthday, the record is converted to a missing person record. Or, until cleared or canceled. Juvenile warrant Upon the wanted juvenile’s 18th birthday, the record is converted to a wanted person record. Or, until cleared or canceled. 48 hours Temporary felony Offender status Until date of expiration of parole or probation BOAT RECORDS Record Type Stolen boat Expiring Registration Number and/or Year Non-expiring Registration Number and/or year Remains on File Balance of current year plus 4 years 1 year after expiration Balance of current year plus 4 years SECURITY RECORDS Record Type Stolen/embezzled security Travelers checks and money orders Remains on file Balance of current year plus 4 years Balance of current year plus 2 years GCIC Policy Manual Rev. 2011 PAWN SHOP RECORDS Record Type Pawn Shop Remains on File Balance of current year plus 1 year NCIC PROTECTION ORDER RECORDS Record Type Active Protection Order Remains on File Until canceled, cleared or Protection Order expires. When an order is cleared or expired, it is placed in an inactive (expired) status. Remainder of year it becomes inactive plus 5 years or until canceled Inactive Protection Order Non-expiring (NONEXP) Temporary or Emergency Orders Remains active until canceled or cleared Duration of the order not to exceed 1 year SEX OFFENDERS Record Type Sex Offender Remains on File Life Multiple Offenses Sex Offender Aggravated Offense Sex Offender Predators Life Life Life 6.30 IDENTIFYING AND CORRECTING HOT-FILE ERRORS NCIC uses various computer editing procedures and quality control checks to identify inaccurate records in the system. Errors are classified as serious or non-serious. This classification determines the type of action taken by GCIC and NCIC. GCIC Policy Manual Rev. 2011 6.30.1 SERIOUS ERRORS Serious errors cause NCIC to cancel records and send advisory messages to the entering agencies and to GCIC advising of the cancellations. Refer to the NCIC Operating Manual for more information on Serious Errors. 6.30.2 NON-SERIOUS ERRORS When non-serious errors are discovered, NCIC will notify GCIC. GCIC Quality Control personnel will forward the notification to the originating agency. Refer to the NCIC Operating Manual for more information on Non-Serious Errors. GCIC Policy Manual Rev. 2011 CHAPTER 7 FILE SEARCHES, AUDITS AND SANCTIONS 7.1 OFF-LINE INVESTIGATIVE SEARCHES Investigating officers often work with fragments of information when attempting to identify possible felony suspects, missing persons, unidentified bodies, particular vehicles used in the commission of serious crimes, or stolen/recovered property. When only partial data is available or data is not available to make terminal inquiries, an off-line search is possible. When the investigating officer faces these problems, the ability to develop a list of possible suspects or other investigative leads can be greatly enhanced by requesting an off-line search through GCIC. Both GCIC and NCIC can search their files, and other files available to them, with only bits and pieces of information assembled by the investigating officer. Investigating officers are encouraged to call GCIC or NCIC analysts whenever they believe that an off-line search can produce investigative leads in complex or high-priority cases. GCIC needs from thirty minutes to several weeks to provide useful information, depending on the nature of the request. When the investigating officer has a highpriority case at night or on weekends and cannot wait for normal business hours for GCIC to begin work on a case, call the GCIC Communications Center, 404244-2770, for on-call information. For GCIC off-line computerized file searches call 404-270-8421 or 8422. For an NCIC off-line search call 304-625-3000. Or if you prefer, GCIC will contact NCIC and arrange an off-line search for you. 7.2 GCIC AUDIT PROCEDURES GCIC auditors will conduct compliance audits of criminal justice agencies, public safety agencies, authorities and certain non-governmental CJIS network terminal agencies to ensure agencies are in compliance with the GCIC Council Rules, relevant Georgia Code Sections, and pertinent federal statutes and regulations. CJIS network terminal agencies and interface agencies will be audited at least once every three years. A representative sample of non criminal justice agencies will be audited by GCIC as well. A representative sample of non-terminal agencies will be audited by the GCIC Information Security Office (ISO). GCIC Policy Manual Rev. 2011 Heads of agencies to be audited shall receive at least 15 days advance notice of on-site audits by GCIC’s compliance auditors. Written notifications will identify all areas of audit program interest and the performance standards to be applied. Upon completion of each compliance audit visit, GCIC auditors shall discuss their findings with heads of agencies, Terminal Agency Coordinators, or their designees. GCIC will recommend strategies for remedial action by audited agencies to resolve any area of non-compliance. Auditors will provide heads of audited agencies with written reports which identify areas of compliance, areas of non-compliance, and other written comments specific to audit assessments. The Audit Program Manager will also report the results of completed audits to the Assistant Deputy Director for Compliance and Customer Support and the Deputy Director. After completion of the on-site audit, the Agency Head has 30 days to submit a written response to the auditor of record. The GCIC Council may impose sanctions recommended by the Deputy Director of GCIC for agencies with serious compliance deficiencies or for agencies which have not corrected deficiencies. 7.3 SANCTIONS For Criminal Justice Agencies: Agencies are subject to GCIC administrative sanctions for violation of the laws governing the operation of the CJIS network, the GCIC Council Rules, GCIC CJIS Security Policy or CJIS network policies published by GCIC. Sanctions for CJIS network terminal agencies may include, but are not limited to: purging of Hot File records entered into GCIC/NCIC files, restricting CJIS network access and suspension/revocation of the agencies’ terminal access to the CJIS network. Failure to abide by federal and state laws, federal rules and regulations, and Georgia Crime Information Center (GCIC) Rules regarding access, use and dissemination of information available via the Criminal Justice Information System (CJIS) Network may result in criminal prosecution by the State of Georgia and/or administrative sanctions by the employing criminal justice agency and/or GCIC. 1. All local agencies must have disciplinary procedures that address violations of GCIC Rules, Georgia law, or federal rules and regulations relative to the GCIC/NCIC Criminal Justice Information System (GCIC Rule 140-2-.09). GCIC Policy Manual Rev. 2011 2. The preferred process is for the agency head to take appropriate disciplinary action against the employee to prevent further policy violations. Agency heads are encouraged to create an environment of compliance within their departments by following normal accepted disciplinary procedures to ensure full compliance by all employees. 3. If the disciplinary action against an employee is not appropriate for the violation, GCIC reserves the right to implement additional sanctions on the individual(s)/agency involved. 4. The sanctions may include, but are not limited, to: • Mandatory retraining and/or recertification of a Terminal Agency Coordinator (TAC) by requiring attendance at another TAC class sponsored by GCIC, as well as completing certain parts of the CJIS workbook even if they are not a certified operator. • Mandatory retraining and/or recertification of a terminal operator by completing an entire workbook or specific portions and passing another full certification test. • Probation or suspension/revocation of operator’s User ID/password or TAC certification for GCIC access. • Mandatory retraining in the form of the completion of another Security and Integrity Training Update class. • After completion of any training, the operator shall read and sign an updated GCIC Awareness Statement. 5. If the violation is major, or the individual has had repeated violations, the GCIC Deputy Director will notify the Peace Officers Standards and Training (P.O.S.T.) Council of the GCIC violations and request that P.O.S.T. take action regarding the individual’s certification(s). 6. If the violation is major, or the agency has had repeated violations, the GCIC Deputy Director may notify the Georgia Public Safety Board of the GCIC violations and recommend suspension or termination of the agency’s CJIS Network Access. For Non-Criminal Justice Agencies: Agencies are subject to GCIC administrative sanctions for violation of the laws governing the operation of the CJIS network, of the GCIC Council Rules, GCIC CJIS Security Policy or of CJIS network policies published by GCIC. Sanctions GCIC Policy Manual Rev. 2011 for noncriminal justice agencies may include, but are not limited to: access and suspension/revocation of the agencies’ access to the GAPS network. Failure to abide by federal and state laws, federal rules and regulations, and Georgia Crime Information Center (GCIC) Rules regarding access, use and dissemination of information available via the Criminal Justice Information System (CJIS) Network may result in criminal prosecution by the State of Georgia and/or administrative sanctions by the employing agency. 1. All local agencies must have disciplinary procedures that address violations of GCIC Rules, Georgia law, or federal rules and regulations relative to the GCIC/NCIC Criminal Justice Information System (GCIC Rule 140-2-.09). 2. The preferred process is for the agency head to take appropriate disciplinary action against the employee to prevent further policy violations. Agency heads are encouraged to create an environment of compliance within their departments by following normal accepted disciplinary procedures to ensure full compliance by all employees. 3. If the disciplinary action against an employee is not appropriate for the violation, GCIC reserves the right to implement additional sanctions on the individual(s)/agency involved. 4. The sanctions may include, but are not limited to: 5. • Removal of authority to access the GAPS network and criminal history record information. • Mandatory retraining in the form of the completion of another Security and Integrity Training Update class. • After completion of any training, the operator shall read and sign an updated GCIC Awareness Statement. Individual violators are also subject to criminal prosecution when their actions constitute violations of applicable state and federal statutes (GCIC Rule 140-2-.20) GCIC Policy Manual Rev. 2011 APPENDIX A EXAMPLES OF CONSENT FORMS Georgia Bureau of Investigation Georgia Crime Information Center Consent Form I hereby give my consent for the ___________________________________________________ (criminal justice agency) to receive any Georgia or III criminal history record information pertaining to me, as authorized under state and federal law for individuals seeking employment with a criminal justice agency. _____________________________________________________________________________ Full Name (print) _____________________________________________________________________________ Address _____ Sex _____ Race __________________ Date of Birth _________________________ Social Security Number ___________________________________________________ Signature __________________ Date ---------------------------------------------------------------------------------------------------------------------------Special employment provisions (check if applicable): Employment with criminal justice agency – civilian (Purpose code ‘J’) Employment with criminal justice agency – P.O.S.T. certified (Purpose code ‘Z’) One of the following must be checked: This authorization is valid for 90/180/_____ (circle one) days from date of signature. I, _______________________________________________ give consent to the above named to perform periodic criminal history background checks for the duration of my employment with this agency. GCIC Policy Manual Rev. 2011 Georgia Bureau of Investigation Georgia Crime Information Center Consent Form I hereby authorize ______________________________________________________________ to receive any Georgia criminal history record information pertaining to me which may be in the files of any state or local criminal justice agency in Georgia. _____________________________________________________________________________ Full Name (print) _____________________________________________________________________________ Address _____ Sex _____ Race __________________ Date of Birth _________________________ Social Security Number ___________________________________________________ Signature __________________ Date ---------------------------------------------------------------------------------------------------------------------------Special employment provisions (check if applicable): Employment with mentally disabled (Purpose code ‘M’) Employment with elder care (Purpose code ‘N’) Employment with children (Purpose code ‘W’) One of the following must be checked: This authorization is valid for 90/180/_____ (circle one) days from date of signature. I, _______________________________________________ give consent to the above named to perform periodic criminal history background checks for the duration of my employment with this company. GCIC Policy Manual Rev. 2011 Open Record Request Felony Convictions Use Only Purpose Code P I request that (individual requestor’s full name) Law Enforcement Agency Name provide me with any felony convictions under O.C.G.A. § 35-3-34 and § 35-3-35 for the below described individual: Full Name ______ Sex ________ Race _______________ Date of Birth ______________________ Social Security Number Agency personnel will make this inquiry using only the information provided on this form and will only use purpose code P. _________ Date __________________________________ Requestor’s Name ______________________________ Requestor’s Signature GCIC Policy Manual Rev. 2011 Georgia Bureau of Investigation Georgia Crime Information Center Georgia Driver’s History Consent Form I hereby authorize the ______________________________________________________ (fire department/law enforcement agency name) to receive a copy of my Georgia driver’s history information as part of my application for criminal justice employment, or for use relative to the performance of my official duties with this agency. _____________________________________________________________________________________ Full Name (print) _____________________________________________________________________________________ Address _______ Sex _________________ Date of Birth ________________________ Driver’s License Number _________________________________________________________ Signature _____________________ Date GCIC Policy Manual Rev. 2011
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