Title 35, Chapter 3, Section 36
( 35-3-36)
(a) All criminal justice agencies within the state shall submit to the center fingerprints, descriptions, photographs when specifically requested, and other identifying data on persons who have been lawfully arrested or taken into custody in the state for all felonies and for the misdemeanors and violations designated in subparagraph (A) of paragraph (1) of Code Section 35-3-33 and for persons in the categories enumerated in subparagraphs (B), (C), and (D) of paragraph (1) of Code Section 35-3-33. (b) It shall be the duty of all chiefs of police, sheriffs,
prosecuting attorneys, courts, judges, parole and probation
officers, wardens, or other persons in charge of penal and
correctional institutions in this state to furnish the center with
any other data deemed necessary by the center to carry out its
responsibilities under this article. (c) All persons in charge of law enforcement agencies shall obtain or cause to be obtained fingerprints in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation, full-face and profile photographs if photo equipment is available, and other available identifying data of each person arrested or taken into custody for an offense of a type designated in paragraph (1) of Code Section 35-3-33, of all persons arrested or taken into custody as fugitives from justice, and of all unidentified human corpses in their jurisdictions; but photographs need not be taken if it is known that photographs of the type listed taken within the previous year are on file. Fingerprints and other identifying data of persons arrested or taken into custody for offenses other than those designated may be taken at the discretion of the law enforcement agency concerned. Any person arrested or taken into custody and subsequently released without charge or cleared of the offense through court proceedings shall have any fingerprint record taken in connection therewith returned if required by statute or upon court order and any such dispositions must also be reported to the center. (d) Fingerprints and other identifying data required to be taken
under subsection (c) of this Code section shall be forwarded within
24 hours after taking for filing and classification, but the period
of 24 hours may be extended to cover any intervening holiday or
weekend. Photographs taken shall be forwarded at the discretion of
the agency concerned; but, if not forwarded, the fingerprint record
shall be marked "Photo available" and the photographs shall be
forwarded subsequently if the center so requests. (e) All persons in charge of law enforcement agencies shall submit
to the center detailed descriptions of arrest warrants and related
identifying data immediately upon determination of the fact that the
warrant cannot be served for the reasons stated. If the 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 arrest warrants of this type
which continue to be outstanding. (f) All persons in charge of state penal and correctional
institutions shall obtain fingerprints in accordance with the
fingerprint system of identification established by the director of
the Federal Bureau of Investigation or as otherwise directed by the
center and full-face and profile photographs of all persons received
on commitment to these institutions. The prints and photographs so
taken shall be forwarded to the center together with any other
identifying data requested within ten days after the arrival at the
institution of the person committed. At the time of release of any
person committed to a correctional institution, the institution
shall again obtain fingerprints as provided for in this subsection
and forward them to the center within ten days along with any other
related information requested by the center. Immediately upon
release, the institution shall notify the center of the release of
the person. (g) All persons in charge of law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all magistrates, and all persons in charge of state and county probation and parole offices shall supply the center with the information described in Code Section 35-3-33 on the basis of the forms and instructions to be supplied by the center. (h) All persons in charge of law enforcement agencies in this state
shall furnish the center with any other identifying data required in
accordance with guidelines established by the center. All law
enforcement agencies and penal and correctional institutions in this
state having criminal identification files shall cooperate in
providing to the center copies of identifying data, as required in
accordance with center guidelines, in those files as will aid in
establishing the nucleus of the state criminal identification file. (i) All criminal justice agencies within the state shall submit to
the center, periodically at a time and in such form as prescribed by
the center, information regarding only the cases within its
jurisdiction and in which it is or has been actively engaged. Such
report shall be known as the "uniform crime report" and shall
contain crimes reported and otherwise processed during the period
preceding the period of report, including the number and nature of
offenses committed, the disposition of such offenses, and such other
information as the center shall specify, relating to the method,
frequency, cause, and prevention of crime. The incident/complaint
report forms used by criminal justice agencies shall, when
applicable, include the identification of any victim who is a
student and the name of the school attended by any such student. (j) Any governmental agency which is not included within the description of those departments and agencies required to submit the uniform crime report provided for in subsection (i) of this Code section but which desires to submit a report shall be furnished with the proper forms by the center. When a report is received by the center from a governmental agency not required to make a report, the information contained therein shall be included within the periodic compilation provided for in paragraph (9) of Code Section 35-3-33. (k) Upon the request of the center, local law enforcement agencies
shall periodically provide for audit samples of incident reports for
the preceding reporting period so that the center may help ensure
agency compliance with national and state uniform crime reporting
requirements. (l) All law enforcement agencies within the state shall report to
the center, in a manner prescribed by the center, all persons wanted
by and all vehicles and identifiable property stolen from their
jurisdictions. The report shall be made as soon as practicable
after the investigating department or agency either ascertains that
a vehicle or identifiable property has been stolen or obtains a
warrant for an individual's arrest or determines that there are
reasonable grounds to believe that the individual has committed the
crime. In no event shall this time exceed 12 hours after the
investigating department or agency determines that it has grounds to
believe that a vehicle or property was stolen or that the wanted
person should be arrested. (m) If at any time after making a report as required by subsection
(l) of this Code section it is determined by the reporting
department or agency that a person is no longer wanted due to his
apprehension or any other factor or when a vehicle or property
stolen is recovered, the law enforcement agency shall immediately
notify the center of such status. Furthermore, if the agency making
the apprehension or recovery is other than the one which made the
original wanted or stolen report, then it shall immediately notify
the originating agency of the full particulars relating to the
apprehension or recovery. (n) Neither the center or its employees shall be responsible for the
accuracy of information contained in records representing wanted
persons, missing persons, and stolen serial numbered property
established in computerized files on the Georgia Criminal Justice
Information System (CJIS) network or in computerized files
maintained by the Federal Bureau of Investigation National Crime
Information Center (NCIC). Criminal justice agencies establishing
such records bear all responsibilities for entry, update, and
removal as dictated by actions of criminal justice employees and
officials. |