Title 35, Chapter 3, Section 33
( 35-3-33)
(a) The center shall: (1) Obtain and file fingerprints, descriptions, photographs, and
any other pertinent identifying data on persons who: (A) Have been or are hereafter arrested or taken into custody in
this state: (i) For an offense which is a felony; (ii) For an offense which is a misdemeanor or a violation of
an ordinance involving burglary tools, commercial gambling,
dealing in gambling devices, contributing to the delinquency
of a child, dealing in stolen property, dangerous drugs,
marijuana, narcotics, firearms, dangerous weapons, explosives,
pandering, prostitution, sex offenses where children are
victims, or worthless checks; (iii) For an offense charged as disorderly conduct but which
relates to an act connected with one or more of the offenses
under division (ii) of this subparagraph; (iv) As a fugitive from justice; or (v) For any other offense designated by the Attorney General; (B) Are or become career criminals, well-known offenders, or
habitual offenders; (C) Are currently or become confined to any prison,
penitentiary, or other penal institution; (D) Are unidentified human corpses found in this state; or (E) Are children who are charged with an offense that if
committed by an adult would be a felony or are children whose
cases are transferred from a juvenile court to another court for
prosecution; (2) Compare all fingerprint and other identifying data received
with those already on file and, whether or not a criminal record
is found for a person, at once inform the requesting agency or
arresting officer of such facts as may be disseminated consistent
with applicable security and privacy laws and regulations. A log
shall be maintained of all disseminations made of each individual
criminal history including at least the date and recipient of such
information; (3) Provide a uniform crime reporting system for the periodic
collection, analysis, and reporting of crimes reported to and
otherwise processed by any and all law enforcement agencies within
the state, as defined and provided for in this article; (4) Periodically conduct audits of crime reporting practices of
criminal justice agencies to ensure compliance with the standards
of national and state uniform crime reporting systems and to
ensure reporting of criminal arrests, dispositions, and custodial
information;
(5) Develop, operate, and maintain an information system which
will support the collection, storage, retrieval, and dissemination
of all crime and offender data described in this article
consistent with those principles of scope, security, and
responsiveness prescribed by this article; (6) Cooperate with all criminal justice agencies within the state
in providing those forms, procedures, standards, and related
training assistance necessary for the uniform operation of the
center; (7) Offer assistance and, when practicable, instruction to all
criminal justice agencies in establishing efficient local records
systems; (8) Compile statistics on the nature and extent of crime in the
state and compile other data related to planning for and operating
criminal justice agencies, provided that such statistics do not
identify persons, and make available all such statistical
information obtained to the Governor, the General Assembly, and
any other governmental agencies whose primary responsibilities
include the planning, development, or execution of crime reduction
programs. Access to such information by the latter governmental
agencies will be on an individual, written request basis wherein
must be demonstrated a need to know, the intent of any analyses,
dissemination of such analyses, and any security provisions deemed
necessary by the center; (9) Periodically publish statistics, no less frequently than
annually, that do not identify persons, agencies, corporations, or
other legal entities and report such information to the Governor,
the General Assembly, state and local criminal justice agencies,
and the general public. Such information shall accurately reflect
the level and nature of crime in the state and the operations in
general of the different types of agencies within the criminal
justice system; (10) Make available, upon request, to all local and state criminal
justice agencies, all federal criminal justice agencies, and
criminal justice agencies in other states any information in the
files of the center which will aid these agencies in the
performance of their official duties. For this purpose the center
shall operate on a 24 hour basis, seven days a week. Such
information when authorized by the council may also be made
available to any other agency of the state or political
subdivision of the state and to any other federal agency upon
assurance by the agency concerned that the information is to be
used for official purposes only in the prevention or detection of
crime or the apprehension of criminal offenders; (11) Cooperate with other agencies of the state, the crime
information agencies of other states, and the Uniform Crime
Reports and National Crime Information Center systems of the
Federal Bureau of Investigation in developing and conducting an
interstate, national, and international system of criminal
identification, records, and statistics; (12) Provide the administrative mechanisms and procedures
necessary to respond to those individuals who file requests to
view their own records as provided for in this article and to
cooperate in the correction of the central center records and
those of contributing agencies when their accuracy has been
successfully challenged either through the related contributing
agencies or by court order issued on behalf of the individual; (13) Institute the necessary measures in the design,
implementation, and continued operation of the criminal justice
information system to ensure the privacy and security of the
system. This will include establishing complete control over use
and access of the system and restricting its integral resources
and facilities to those either possessed or procured and
controlled by criminal justice agencies as defined in this
article. Such security measures must meet standards to be set by
the council as well as those set by the nationally operated
systems for interstate sharing of information; and (14) Provide availability, by means of data processing, to files
listing motor vehicle drivers' license numbers, motor vehicle
registration numbers, wanted and stolen motor vehicles,
outstanding warrants, identifiable stolen property, and such other
files as may be of general assistance to criminal justice
agencies. (b) Criminal justice agencies shall furnish upon written request and
without charge to any local fire department in this state a copy,
processed under purpose code "E", of the criminal history record
information of an applicant for employment. (c) The provisions of this article notwithstanding, information and records of children shall only be inspected and disclosed as provided in Code Sections 15-11-82 and 15-11-83. Such records and information shall be destroyed according to the procedures outlined in Code Sections 15-11-79.2 and 15-11-81. |