PART I.  DATA CENTER



 



§846-1  Definitions.  In this chapter,
unless a different meaning plainly is required:



"Accurate" refers to the fact that
criminal history record information contains no erroneous information of a
material nature.



"Administration of criminal justice"
means 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; and includes criminal identification activities and the collection,
storage, and dissemination of criminal history record information; but does not
include crime prevention activities or criminal defense functions.



"Complete" refers to the fact that
criminal history record information should show all dispositions as the case
moves through the various segments of the criminal justice system.



"Criminal history record check" means
a search by name using the state computerized criminal history record information
system, and by fingerprints using the state automated fingerprint
identification system.



"Criminal history record information"
means information collected by criminal justice agencies on individuals
consisting of identifiable descriptions and notations of arrests, detentions,
indictments, and other formal criminal charges, and any disposition arising
therefrom, sentencing, formal correctional supervisory action, and release; but
does not include intelligence or investigative information, identification
information to the extent that such information does not indicate involvement
of the individual in the criminal justice system, and information derived from
offender-based transaction statistics systems which do not reveal the identity
of individuals.



"Criminal history record information
system" or "system" means a system, including the equipment,
facilities, procedures, agreements, and organizations thereof, for the
collection, processing, preservation, or dissemination of intrastate,
interstate, and national criminal justice data.



"Criminal history record name
inquiry" means a search by name and other identifying information using
the state computerized criminal history record information system.



"Criminal justice agency" means:



(1)  Courts; or



(2)  A government agency or any subunit thereof which
performs the administration of criminal justice pursuant to a statute or
executive order, and which allocates a substantial part of its annual budget to
the administration of criminal justice.



"Data center" means the state agency
responsible for the collection, storage, dissemination, and analysis of all
pertinent criminal justice data and related functions, including but not
limited to, functioning as the state repository for criminal history records, providing
technical assistance in the development of information systems, and conducting
appropriate research and statistical studies.



"Disposition" means information
disclosing that criminal proceedings have been concluded, including information
disclosing that the police have elected not to refer a matter to a prosecutor
or that a prosecutor has elected not to commence criminal proceedings and also
disclosing the nature of the termination of the proceedings, or information
disclosing that proceedings have been indefinitely postponed and also
disclosing the reason for such postponement, and shall include but is not
limited to acquittal, acquittal by reason of insanity, acquittal by reason of
mental incompetence, case continued without finding, charge dismissed, charge
dismissed due to insanity, charge dismissed due to mental incompetency, charge
still pending due to insanity, charge still pending due to mental incompetence,
guilty plea, nolle prosequi, nolo contendere plea, convicted, youthful offender
determination or transfer to juvenile jurisdiction, deceased, deferred
disposition, dismissed-civil action, found insane or mentally incompetent,
pardoned, probation before conviction, sentence commuted, adjudication
withheld, mistrial- defendant discharged, executive clemency, placed on
probation, paroled, released from correctional supervision, or fugitive from
justice.



"Dissemination" means transmission of
criminal history record information to individuals and agencies, other than the
criminal justice agency which maintains the criminal history record
information, but it does not include the reporting of such information as
required by law, the reporting of data on a particular transaction to another
criminal justice agency so as to permit the initiation of subsequent criminal
justice proceedings, the use of such information by an employee or officer of
the agency maintaining the records, and the reporting of a criminal justice
transaction to a state, local, or federal repository.



"Nonconviction data" means arrest
information without a disposition if an interval of one year has elapsed from
the date of arrest and no active prosecution of the charge is pending; or
information disclosing that the police have elected not to refer a matter to a
prosecutor, or that a prosecutor has elected not to commence criminal
proceedings, or that proceedings have been indefinitely postponed, as well as
all acquittals and all dismissals. [L 1979, c 129, pt of §2; am L 1983, c 78,
§3(3); am L 2006, c 132, §1]



 



Revision Note



 



  Definitions restyled and rearranged.