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Home My WebLink About5.B.2. Criminal History Record Maintenance Agreement CITY OF SHAKOPEE S. f3~ :J- I POLICE DEPARTMENT Memorandum COt~SENT TO: Mayor and City Council Mark McNeill, City;:;:;;;traror FROM: Chief Dan Hughes L SUBJECT: Criminal History Record Maintenance Agreement DATE: October 17,2006 INTRODUCTION: The Shakopee Police Department is asking council to enter an agreement with the MN Department of Public Safety/Bureau of Criminal Apprehension (BCA) that will allow police department staff access to the web-based Criminal History Record Maintenance System. The new Criminal History Record Maintenance System will expedite the correction process and help assure that criminal history information is accurate. BACKGROUND: Previously, only BCA data analysts could edit the criminal history record thereby creating significant delays with corrections. This access allows law enforcement agency personnel to edit criminal history data and will expedite the correction of criminal history records to ensure that the record is complete and accurate. VISIONING RELATIONSHIP: This action supports: Goal B - High Quality of life. Strategy 6: Provide high quality services RECOMMENDATION: Staff recommends entering the Criminal History Record Maintenance System Access Agreement. ACTION REQUESTED: If council concurs, they should by motion authorize staff to enter into the Criminal History Record Maintenance System Access Agreement. srATE OF MINNESOTA. DEPARTMENT OF PUBLIC SAFETY BUEEAu OF CRIMINAL APPREHENSION . QUMINAL mSTORY RECORD MAINTENANCE SYSTEM . . ACCESS AGREEMENT This, Computerized Cdntina).. Ijistory .. Record Maintenance System Access Agr(;!ement is entered into on. by and between the State of Minnesota, the Depaiinient of Public Safety, Bureau of Criminal Apprehension, hereinafter called IIDPS" and .'., " ' , ' ' a Minnesota Criminal Justice Agency herefuafter caned the IIAgencyll.This agreement details the obligations and requirements placed on the Agency connected, ,to the State's, crlminal Justice Data Communication Network that has access to the Criminal History Information and requires access to the Criminal History Record Maintenance System. 1. The Agency with access to the Criminal History Record Maintenance System agrees to ' the following: , ' 1, The Agency agrees.to all terms'and'conditions 6fthe Criminal History Information. Access Agreement. 2.' Only agencies with a signed Computerized Cr:intfu.al History Access Agreement may access the Criminal History Record Maintenance System. 3. Agency' agrees to all terms and conditions set forth in, the Crintinal History Record Main~enance Policy (Dps-policy #6264). " ' .4. The purpose'ofthe Criminal History Record Maintenance System'is to edit or correct criminai history record data and resolve' suspense records. It does not 'take the place . of performing CCH inquiries for crilninal justice 'purposes. ' , ' 5: , All, data edits must be based on pqsitive .(firigerprint) identification and source documents which will be reqUired to justify all ch~ges to the original record. All documentation must be available for audit purposes. ' 6. 'Only the Controlling Agency or an agency granted access to the criminal history record will be able to modify the record submitted to the DPS. . 7. Only the Controlling Agency may grant access rights to their criminal history record data to another agency for the purposes of modifying criminal history records. 8. The Department bf Public Safety reserves the right to suspend access to the Criminal History Record Maintenance System when any rule,.po1icy, or procedure has been or 1/1212006 1 . ,""-' . appecrrs to have' been violated. . The Departri.1.ent may reinstate the furnishing oi " .Criniinal History Infoni1ation .upon .receipt .of satisfactoiy assurances that such violation did not occur or has been corrected.. . .' 9. The ClUef Law Enforcemen~ Officer of'the Agency will assign a Crimin~ HiStory" ), Reoord Maintenance Acbninistrator. who . will be' responsible for designating authorized users within their. agency and other authorized controlling agencies within their city I county. 10. The' Agency must notify the submitting court of any changes that need to be made to .suspended com:t documents, through the c;:riritinal History Record Maintenance , System. 11. Batch reports. and hard copies of criminal history informatiort are to be output only to . printers within the :Agency. Only authorized ~mployees may transport, handle" or store criminal history documents. The Agency is responsible for the correct and legal. dissemfuation and use of all data and records it receives: . . II. AUDITS: . . 1. The DPS will conduct audits of a representative sample of state and local criminal justice agencies chosen on ,a random basis in order to verifY compliance:with.1he.. ~gr.~m~nt... Non~compliance inCludes but is not. limited. to..access..by unauthorized. personnel" viewing the CCH data for unauthorized purposes, using the Criminal History Record Mairitenance System to run criniinal history records for purposes other than making a . correction on a criminal history record; or. resolving suspense data and printing or disseminating data from the Criminal History Recor~ Maintenance System consistent with NCIC gllidelines. . 2.The Agency will mamtain all documentation including positive (fingerprint) identification and, source documents. for. all related criminal history changes. Source . documents must be retained for the period identified in the agency's record retention . schedule ' III. PERSONNEL: 1. The Agency will conduct criminal history. checks on all employees that will have access to criminal history information; an employee who is has not been cleared must not have .access. Only Authorized Employees will have access to criminal history information and the Cr:im;inal History Record Maintenance System consistent. 2. The. Agency will appoint a Criminal History Record Maintenance. System Administrator who will: a. Create user. accounts for authorized individuals within their agency and complete ( . ~e Criminal History Record Maintenance System Registration Form for each '. r user. 1/12/2006 2 .' .I .' b. Verify that .the 'userpa$sed theceitificatlon test before activating' the user's' : account. ' , '.' .', . c. Issue' arid reset passwords.. . ," . . ..' d. Grant. another controlling' agency access .to their. agency'~' 'criminalhistory data .' utilizing the Criminal History' Recor~. Maintenance System - Access Consent . Form. e.. Determine the level of access for their authorized users..' f. SUspend or revoke access priVileges of non.,.compliant users. ' g. Deactivate user accoimts when the individual no longer needs access 4ue to' , . reassignment or termination~. .'. . . h.NotifYusers of system updates and policies. .' ' ,.i. Audit user activity for compliance. '. 3. . The Agency agrees to initiate, at the request of DP$, disciplinary action up to and '. . including termination' of personnel having access to Criminal History Infoi'lilation SystemS where such persons violate the proVisions' of this agreement or other security .' r~uirements estabUshed. for the collection, storage, or' dissemination of Criminal History Info~mation. The AgenCy will assist.in the criminal prosecution .of such in9ividuaIs when Federal or State laws have been violated. .. 4... The Department' of Public Safety Personnel will provided ..system training to .' individuals authorized by the Agency to retrieve and upd~te ~al history data through .th~ Criminal History Record Maintenanc~System,: "," ....,.., - , . . IV. ADDITIONAL TERMS: ' 1. DPSor the Agency may introduce Changes to this agreement. Both parties must sign . an addendum to this agreement before the modifications will become effective~ ." ....... . .' . . 2. This agreement wjll become effective when signed by the DPS an(ithe Agency. . The agreement will remain in effect until Written notification is received to the contrary. Both DPS and U:t,e Agency may, upon 30 days written notice, terminate this agree~ memo . 3. The DPS .will notify the FBI of the changes made. to arrest data done through. the Criniinal History Record Mainteri~ce System. ' V. DEFINITIONS: . 1. AuthoriZed Employee. An employee who passed the Criminal History Record Mainta:tance System Certification test and been granted clearance by the Agency. The Agency in granting the clearance must have performed a criminal history check on the employee. 2. Criminal History records Maintenance System Ad.min1strator., The individual assigned by their Chief Law Enforcement Officer to manage the Criminal History , ' 1/12/2006 3 " Rec,ord :rvtclirttenance System authoriZed employees within their agency or other law .enforce~ent agencies that have been ~an~d acc~ss: ... .' ' . ..3~, dontTollin~ Agency: 'The agency th~t is the responsible authority forttte' criminal ' , history record submitted to the DPS . .. ,.. . 4.' Cl'ilninal Justice Agency. This will have the sarrie meariirlg. as contained :ill "Title 28" . of the "Code of Federal RegulationS" or subsequent federal or State law or regulations which may superse~e IITitle 28". ... ' , ' 5. ' Criminal History Inforni.ation. 'ThiS will have the saniemeaning as contained in "Title . 2811 . of the "Code of Federal Regulations" or subsequent federal or State law or regulations which may supersede "Title 28~'... ... . 6. . Criminat Justice Data Communication. Network The.' .network, ':including. th~ equipment, circuits~ facilities, procedures, agreements,. and organizations thereof, for the. collection, processing, preservation, or dissemination. of . criminal. justice information, and may include related systems that directly contnbute. to the criminal . jUstice .information system.. .. '. 7. Live Scan. Image captUre. device used to transmit arrest fingerprints to the DPS. 8.' NCIC (National Crime InformationCenter-);---- A -d;ivisionofthe-HFederalBureau of Investigation of the U.S. Department of Justice which . maintairis a nationwide. , computerized infornlation system established as a service to .all criminal justice . agencies - local, stat~, and feder4 Nick's main purpose is to' assist the criminal justice organizations in performinK their.duties by providing.a computerized filing . . system of accurate . and . timely documented. information, 'readily available to ea~h criminal justice organization. . V.. . ACKNOWLEDGMENT: As the individual responsible for the Agency, I hereby acknowledge the responsibilities and dutie~ as set forth in this document as well as those documents incorporated by reference; I acknowledge that these responsibilities and duties were developed and implemented to ensure the reliability, . confidentiality, accuracy~ timeliness and completeness. of Criminal History Infor- mation. I further acknowledge that failure of this Agency to comply with these duties and responsibilities will subject this Agency to various sanctions including the termiil.ation of access to Criminal tIistory Record Maintenance System. Agency Administrator (signature) Mark McNeil.J, City.Admint)att~ator Department of Public Safety jBureau of Criminal Apprehension Date Criminal Justice Information Systems . John J. Schmidt, Mayor, of Shakopee Date 1l~'2~6 . 4 Jud~t f ox, City Clerk Date ,..' .". . . . . . Minnesota Department Of Public Safety Administrative Policy, .. . , , NO. 6264 SUBJECT:' Computerized Crimin.al History (CCH) -:"Useofthe Criminal H'istory. Record Maintenance System.. ' . ' . ... .. .. DIVISION/STAFF RESPONSIBLE: Bureau of Crimina.1 Apprehension (sCA) , .. Criminal Justice Information Systems (CJIS) and Criminal Justice Agencies that' provide data to the BCA to c~e~te or edit criminal history records. '.. APPROVED BY: CJIS Director DATE POl,.I.CY ESTABLISHED: June 30,2003. INrENDED AUDIENCE: Criminal Justice Agencies . ...... . . ",. .~~..--"'" . PURPOSE:. ' The purpose of this policy is to set guidelines for the use of the Criminal HistO'ry Record Maintenance System. This CJIS application gives agenciesthe ability to . edit data submitted to the BCA by their agency and sh!fts the responsibility to criminal justice agencies to ensure the completeness and accuracy of the data they submit to the BCA's Criminal History Repository. DEFINITIONS: .Computerized Criminal Historv Data (Minn. Stat. S 13.87) - all data maintained in criminal. history records compiled. by the Bureau of Criminal Apprehension and disseminated through the criminal justice' information' system, including but not limited to. fingerprints, photographs, identification data, arrest data, prosecution data, criminal court data, custody and supeNision data. Criminal Justice AQency (Minn. Stat. S 299C.46) - an agency of the state or an .. agency of a political subdivision charged with detection, enforcement, . . prosecution, adjudication or incarceration in respect to the criminalortraffic laws of this state.' This definition also includes all sites identified and licensed as a detention facility by the Commissioner of corrections under section' 241.021. 1 . . .' . . . . ... . . . CrimlriarHist6tv ~ecbrd Mairitehance 8vsterft; a. CJI$ apPlication th~.tairbWS.' . '.agetldestoeditexlstlng cdtnfrial history dat~i:'and fvrtiHs ~h~ requlre.ment in Minn.' St.aL ~2990.1.11 to inform ag.~tloie$,Wheh aodurt disposition goes Into the . 'slispen$.~ file and provides notification to the Courts that a record needs to be .' . corrected~'" . .. . Immediate Notification:'" reql!irement of the BOA to inform agencies tha.t a court dispo'sition has gone into the Suspense File.. Minn. Stat. ~ 299C.111 '(b). Criminal' History Audit -- revieW of crimina:1 justiCe. agenCies' business practices . '.' .' ~PP'I}rlng to the submls.siQn of data .for criilllnal hfstoiy records'to ensure accurate, complete i;lnotime'lycrimina:i history data and enslire 'the 'app'ropriate use or the Crixriinal History Record Maintenance System. . . . .'. .' ". Sciurcebocumeht~ .- documentation created at the timetlie $rTeSt event Was' in itiatedi iml1ieqiately after the event, or directly related to the eV~i1t.. j;:xample$ include, but are hot Ihnited to, cas~ files, .Initial Complaint RE3POrt$ (ICRls),' . 'agency docUments (including memos, letters, and 'notes), booking sheets, . Offender Tracking. Forn'l, and entrfe's in records management s~stems. : . ..' .) . . . . . . .. ' GriminaLHistorv, Record Maintenance System Audit LOQ:: Ipg.. QUrEins.ggtipns by Crirnincd History Record Maintenance System users for the purpose of ..... generating repo,!'ts to track vofurne, accuracy, appropriate usa and th:neliness of . transactions.. . . ' , . POLICY: ' . . Itshalfbe the policy ofthe BCA that designees from Criminal Justice Agen~ies who have been certifiee( t6 use the Criminal History Record Maintenance System . will hav~ the responsibility and capability of maintaining accurate 'ane( Cllrrent criminai histoiy datasubniiHed on behalf of their ag~ncy: All datc;i and. . subsequent edits. will be based on positive (fingerprint) identification and source . documents which will be requIred 'to justify all ch~nges to the originalrecord. Any LaW E'nforcement agency tasked with' editing data must use the Criminal' History Record Maintenance System to notify the Courts that'data should be changed to be consistent with the arrest record; An ag'ency tasked with editing . data must' incorporate business practices that include notification of chahges to the' appropriate agencies. . . .. . . The Criminal History Record Maintenance System 'will be used for correcting criminal history dat?and making changes to data submitted via a Uvescan. This system w!1I replace:the manual intervention to resolve errors previously provided by the SeA. 2 ", , . Th~st.lbmlttJng ~gency: has thirty .(30) days to correct their data' once notified' , . through the criminal' History Record Maintenahce System. ' : ." . . . . . . . . . . . Access to' the Crim'inal History Record MaJntenance System can be denied or terminated if a vio{at[on of.this policy and/pr misuse of the Crimihal\:i1story . Record ~aintEmande Syste.ni ate detect~d througha,udit$ or other means. The . Criminal: Histo.ry Records Maintenance System is an offidal Minnesota Department of Public. Safety computet system to be used for authorized . purposes, there i's no righttQ privacy for users' of the system. Unauthorized use is a violation of bhapte.r.13 of Minnesota statute~'ai1d other laws. The state of' . Minnesota prohibits unauthorized 'accesS., disclosure, duplication, modification, diversion, destruction, loss,. misuse or theft of this information in accordance with Minnesota statutes. . . .. Acces~ .' - ' . . 10 obtain access to the Criminal Hist.ory Record Maintenance System the individual must be certified by taking the required classes alld passing the . appropriate 'testing. ' . . . Immediate__Notificati6n' -0 . ~.. --_..~. .. ,'., '-... It is the policy of the' BCA/CJIS ,that once an agency receives notification that ' records are.in suspense via theCrimihal.Histbry ~ecord Maintenance System the suspended records must be corrected within one month of the court 'disjJosition date. Supporting documentation for the corrections will be reviewed during Criminal History audits. . , .... . . Aud~~~, " The BCA will conduct triennial audits of state and local criminal justice agencies to verify adherence to this policy. Appropriate source docum'ents shall be ' . retained by the agency to facilitate such au.dits. The retention period is defined as the period the agency retains their official solIrce documents. ., Misuse Misuse of the Criminal History Record Maintenanpe System includes" but is 'not limited to:' ' , Inappropriately sharing data obtained from this system Allowing access to individuals who have not had a background .check or been certiTIed in the use of this system Using this system t6 replace CCH queries through Portals . Updating 'records or tampering with data without a legitimate need to correct a . ~~, " .' Changing data without supporting documentation 3