reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-1 - ORGANIZATION › Rule 140-1-.05 - Approval and Disciplinary Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Information exchange and service from GCIC. Persons and agencies shall exchange information and receive service from GCIC only when approved by the Director. GCIC shall not provide any service or exchange any information unless the Director finds:
(a) The person or agency is permitted by Georgia law and these Rules to exchange information or receive service
(b) There is no significant danger that the person or agency will use the information or service in a manner that would violate Georgia law, these Rules or applicable federal law or rules.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-1 - ORGANIZATION › Rule 140-1-.06 - Contested Cases Governed by Express Statutory Provisions

Current through Rules and Regulations filed through June 27, 2024
Contested cases, which arise under O.C.G.A. §
								35-3-37 concerning an individual's right to access and correct his criminal record are governed and processed by provisions contained therein, rather than the Administrative Procedure Act.
O.C.G.A. Sec. 35-3-37.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.01 - Scope

Current through Rules and Regulations filed through June 27, 2024
(1) These Rules apply to Georgia criminal justice agencies and all other agencies or persons with access to criminal justice information as defined in Georgia law and Rule  140-1-.02(c).
(2) These Rules do not restrict any criminal justice agency from publicly disclosing certain information to include:
(a) The status of a current investigation.
(b) The recent arrest, release or prosecution of an individual.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.02 - Security Policy for Criminal Justice Information

Current through Rules and Regulations filed through June 27, 2024
(1) Handling procedures.
(a) Secret data (as defined in Rule  140-1-.02(2)(c)3.):
1. When not in use it shall be stored in locking, fire-resistant vaults or safes. Computer programs and data files should be backed-up on electronic media and secured in a location separate from the building in which the computer system is located.
2. Areas where the information is processed and handled shall be restricted to authorized personnel in the performance of official duties.
3. The information shall be under the absolute control of criminal justice agencies with access regulated by agency heads or their designees.
4. A log or other record shall be maintained when information is removed from
,
or returned to the physically secured storage defined above in paragraph (1)(a)1.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.03 - Completeness and Accuracy of Criminal Justice Information

Current through Rules and Regulations filed through June 27, 2024
(1) Each law enforcement agency is responsible for obtaining fingerprints of persons charged with criminal offenses described in O.C.G.A. §
								35-3-33. Additionally, O.C.G.A. § 15-11-83 requires agencies charging juveniles (16 years of age and younger) with felony offenses to submit criminal cards to GCIC in the same manner prescribed for adult offenders. Fingerprint images may be transmitted electronically to GCIC utilizing GCIC certified livescan/cardscan devices, or submitted manually (rolled, inked prints) on FBI provided fingerprint cards preprinted with the arresting agency's Originating Agency Identifier (ORI). Only black printer's ink or an alternative medium authorized by the FBI is acceptable for fingerprint images submitted manually to GCIC; additionally, two original arrest fingerprint cards are required for manual submissions. Agencies should seek GCIC approval before using other criminal fingerprint cards
,
or buying/using any alternative medium or system.
(a) All required fields on arrest fingerprint cards or electronic transmissions must be complete and legible . When applicable, agencies should indicate "Treat as Adult" status (persons 13 to 16 years of age) by checking the appropriate block on the reverse side of fingerprint cards, or keying the appropriate code in designated field(s).
(b) Only law enforcement personnel may obtain fingerprints and complete the data fields necessary to submit an arrest record to GCIC. At no time should arrested persons or inmates of jails or correctional institutions assist in obtaining fingerprints or completing data fields.
(c) Agencies must forward individual arrest data and fingerprint images to GCIC within 24 hours of arrest; however, this time may be extended to cover any intervening holiday or weekend.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.04 - Criminal Justice Information Exchange and Dissemination

Current through Rules and Regulations filed through June 27, 2024
(1) Exchange and dissemination of criminal justice information by criminal justice agencies:
(a) Criminal justice agencies shall exchange criminal justice information with other criminal justice agencies and authorized private contractors to facilitate the administration of criminal justice and criminal justice employment. Dissemination of criminal justice information to such agencies will follow the provisions of user agreements executed between GCIC and criminal justice agency heads. If there is a question as to whether an agency is a criminal justice agency as defined by these Rules, the Director will determine the agency's status.
1. Local criminal justice agencies must refer private attorneys requesting CHRI in criminal cases to GCIC.
2. 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.
3. Local criminal justice agencies may process private attorney requests for CHRI in civil cases when provided the signed consent of the persons whose records are sought utilizing the appropriate purpose code.
4. Criminal records containing information on arrest charges disposed of under provisions of the Georgia First Offender Act may be disseminated by Georgia criminal justice agencies as described in subparagraph (2)(a)3. of this Rule.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.05 - Integrity of Criminal Justice Information

Current through Rules and Regulations filed through June 27, 2024
Documents containing criminal justice information, regardless of its source, shall not be altered, obtained, copied, destroyed, delayed, misplaced, misfiled, given, bought or sold when the intent of such action is to obstruct justice or facilitate the violation of any law or these Rules.
O.C.G.A. Secs. 35-3-33, 33-3-35, 35-3-38, 42 U.S.C. 3771, 28 CFR 20.21.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.06 - Criminal History Dissemination Logs

Current through Rules and Regulations filed through June 27, 2024
(1) GCIC will maintain computer system logs of all criminal history record inquiries and record requests transmitted to GCIC.
(2) The following minimum information shall be maintained in GCIC computer system logs.
(a) Date, time and purpose of each inquiry or request.
(b) Identification of each requester.
(c) Identification of the terminal operator or practitioner.
(d) Identification of each person inquired.
(e) Each record subject's GCIC assigned state identification (SID) and/or FBI number(s).
(f) Agency reference numbers (ARN) are required for all criminal justice (purpose code C)
,
firearm permits or purchases (purpose code F), defense attorney (purpose code L), POST certification (purpose code Z) and DHR exigent circumstances (purpose code X) record checks. ARNs shall be unique, significant numbers and limited to incident report numbers, other criminal case numbers, docket numbers, inmate numbers or any other numbers that link criminal history record requests to criminal investigations or specific files.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.07 - Audit Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) The Director shall appoint auditors to conduct performance audits of criminal justice agencies that access Georgia's CJIS network to assess and enforce compliance with these Rules, O.C.G.A. §§
								35-3-34 through 35-3-38, other relevant Georgia code sections and pertinent federal statutes and regulations.
(a) The GCIC audit program shall be designed and conducted to meet the performance audit standards and practices set out in the General Accounting Office (GAO) publication
Government Auditing Standards
also adhered to by the FBI CJIS Division audit staff.
(b) GCIC auditors shall audit these agencies triennially as required by NCIC operating policy. A representative sample of agencies that do not access Georgia's CJIS network will be audited, based on the availability of auditor resources.
(c) Agency heads shall receive at least 15 days advance notice of on-site GCIC audits. Written notification will identify all areas of audit program interest and the applicable performance standards.
(d) Upon completion of each performance audit
,
GCIC auditors shall discuss their findings with agency heads, TACs, or their designees. GCIC auditors will recommend strategies for remedial action to resolve any area of non-compliance. In addition, GCIC auditors will assist agency heads in obtaining agency personnel training or any other assistance related to efforts to resolve areas of non-compliance.
(e) GCIC auditors will provide agency heads with written reports
,
which identify areas of compliance, non-compliance and other written comments specific to audit assessments. The Audit Program Manager will report the results of completed audits to the Assistant Deputy Director for Compliance and Customer Support and the Director.
(f) The Director shall report the status of the Georgia audit program to the Chairman and members of the GCIC Council. In cases of continued non-compliance, the Director shall provide recommendations to the Council for sanctions or other actions per the provisions of GCIC Council Rule  140-2-.20(Sanctions).
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.08 - Physical Security Standards

Current through Rules and Regulations filed through June 27, 2024
(1) Criminal justice agencies, governmental dispatch centers and other governmental agencies approved by the Director for direct CJIS network access shall provide secure areas out of public view in which criminal justice information is handled.
(2) Such agencies shall place CJIS network devices in secure areas with adequate physical security to protect at all times against any unauthorized viewing or access to computer terminals, access devices or stored/printed data. This includes locations or vehicles housing Mobile Data Terminals (MDTs) or personal/laptop computers capable of accessing criminal justice information.
(3) Such agencies shall institute reasonable procedures to protect any central depository of CHRI from unauthorized access, theft, sabotage or damage resulting from fire, wind, flood, power failure or other natural or manmade disaster s.
(4) Such agencies operating computer systems connected to the Georgia CJIS network should provide adequate backup and recovery plans to protect these systems and ensure system recovery within minimal time. Recovery should focus on hardware and software.
(5) Authorized personnel must accompany visitors to CJIS computer centers and/or terminal areas at all times. Access to terminal areas should be restricted to the minimum number of authorized employees required for operations.
Authority O.C.G.A. Secs. 35-3-32, 35-3-33, 28 C.F.R. 20.21, FBI Security Policy as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.09 - Personnel Security Standards

Current through Rules and Regulations filed through June 27, 2024
(1) Criminal justice agency employees, and other personnel as identified by the GCIC Director, who handle criminal justice information shall consent to investigations of their moral character, reputation and honesty. All applicants, including appropriate information technology (IT) personnel having access to CJIS systems information, shall submit to a state and national fingerprint-based identification check to be conducted within 30 days of employment, assignment or subsequent re-employment. Investigations should produce information sufficient to determine applicants' suitability and fitness for employment.
(2) Criminal justice agencies, governmental dispatch centers and other governmental agencies handling criminal justice information shall disqualify applicants convicted by any state or the federal government of any felony, or 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 designee, will review the matter and decide if access/employment is appropriate.
(3) Giving false information shall disqualify applicants and be cause for employee dismissal.
(4) Agencies identified in subparagraph (2) of this Rule shall establish security constraints for all personnel who work in secure areas where criminal justice information is stored, collected or disseminated. Terminal operators and practitioners shall access the CJIS network only for purposes within their authority. Each criminal justice agency authorized to access CJIS network information must have a written disciplinary policy for violators of GCIC Council Rules and GCIC/FBI CJIS Security Policy as amended.
(5) Within their political subdivisions, criminal justice agencies must monitor the selection, utilization and retention of non-criminal justice personnel who are authorized direct access to criminal justice information in support of criminal justice operations.
(6) All personnel whose jobs require them to access or process criminal justice information shall sign an Awareness Statement for permanent filing in the employees' personnel file. Should the content of the Awareness Statement change by act of law, action by the Director or other official act, agency heads shall direct their employees to sign amended Awareness Statement forms when provided by GCIC.
O.C.G.A. Secs. 16-9-90
et seq.
, 35-3-32, 35-3-33, 28 CFR 20.21, FBI Security Policy.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.10 - Procedures for Criminal History Record Inspection by Record Subjects

Current through Rules and Regulations filed through June 27, 2024
(1) GCIC processing procedures:
(a) All applications for criminal history record inspection must include a current set of the record subject's fingerprints taken by a GCIC employee or trained employee of a local criminal justice agency. GCIC personnel will request identification documentation at time of fingerprinting.
(b) Applications are processed upon payment of a $3.00 fee payable in cash or money order.
1. GCIC will issue receipts for cash payments.
2. Money orders shall be made payable to the Georgia Bureau of Investigation.
(c) GCIC will accept applications from 8:00 a.m. to 4:30 p.m., Monday through Friday, except for State holidays. Appointments are preferred.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.11 - Security Requirements for Criminal Justice Information in a Data Processing Environment

Current through Rules and Regulations filed through June 27, 2024
(1) Computers used to collect, store or disseminate CHRI shall be protected from unauthorized access by means of software or hardware control systems, which log all access attempts. Each individual authorized to store, process and/or transmit CJIS information will use a unique identifier. The unique identification is also required for personnel who administer and maintain the system. The unique identification can take the form of a full name, badge number, serial number or other unique alphanumeric identifier. The identifier shall be authenticated.
(2) CHRI transmitted from one point to another by computer shall be protected from unauthorized access by means of software or hardware control systems. Standards for control systems outlined here must meet FBI CJIS Security Policy requirements.
(a) Procedures to prevent unauthorized copying or retaining of messages containing CHRI must be in place.
(b) Computers may log any message traffic and record such data elements as date, time, message number, origin and destination.
(c) CJIS information passing through a public network segment shall be protected with encryption.
(d) CJIS information transmitted over dial-up or internet connections shall be protected with encryption.
(e) The Director may grant authorization for internet access to support CJIS processing when a minimum set of technical and administrative requirements, which assure the security of the CJIS system from unauthorized access via the internet are in place.
(f) CJIS information passing over wireless links shall be protected with encryption. Transmitting hot file data over wireless links is allowed with either encryption or a proprietary data transmission protocol that prevents recognizable clear text transmissions. All wireless links or server access points shall be protected by authentication to ensure protection from unauthorized system access.
(g) Networks having terminals or devices that access CJIS and/or the internet must be protected by firewalls meeting the GCIC/FBI CJIS Security Policy standard as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.12 - Uniform Crime Reporting

Current through Rules and Regulations filed through June 27, 2024
(1) Each law enforcement agency is required by Georgia law (O.C.G.A. §
								35-3-36) to participate in the Uniform Crime Reporting (UCR) program. GCIC is similarly required (O.C.G.A. §
								35-3-33) to manage Georgia's UCR program and participate in the FBI's national UCR program.
(2) Law enforcement agencies are required to submit UCR and Family Violence reports to GCIC in a manner prescribed by GCIC.
(3) GCIC will provide general crime and offender data derived from UCR reports to the Governor, the General Assembly, state and local criminal justice agencies and the public.
(4) Law enforcement agencies shall retain case file copies (or an equivalent) of incident and Family Violence reports in manual or automated format that supports active wanted/missing person and/or stolen serial numbered property records entered in GCIC/NCIC computerized files until these records are cleared, canceled or purged.
(5) Local agency UCR program procedures, records and supporting documents are subject to GCIC and FBI audit.
O.C.G.A. Secs. 17-4-20, 17-4-20.1, 35-3-33, 35-3-36, U.S. DOJ/FBI UCR Handbook, 1984.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.13 - Wanted/Missing Persons and Stolen/Abandoned Serial Numbered Property

Current through Rules and Regulations filed through June 27, 2024
Responsible agencies shall enter (or cause entry of) information in GCIC and/or NCIC computerized files pertaining to wanted/missing persons, protected persons, sex offenders, unidentified deceased persons and serial-numbered property reported as stolen; entries shall be made when required data elements become available. O.C.G.A. §
								35-3-36 requires agencies to enter records within 12 hours of determining that persons should be arrested or serial-numbered property was stolen. Provisions for entry of GCIC/NCIC computerized records regarding missing persons are contained in GCIC Council Rule  140-2-.15.
(a) Criminal justice agencies accessing Georgia's CJIS network shall use GCIC/NCIC codes, formats and operating procedures when making record entries. GCIC will provide procedural manuals and operations bulletins containing codes, procedures and guidance for record entry. GCIC will also provide updates and revisions as needed.
1. Heads of criminal justice agencies authorized to make GCIC/NCIC record entries or otherwise access databases maintained by Georgia, other states and the FBI are responsible for ensuring that current GCIC publications are maintained and used as authoritative CJIS network operational directives within their respective agency.
2. Heads of criminal justice agencies accessing Georgia's CJIS network are responsible for ensuring the proper training of employees authorized to enter, modify, locate, clear, cancel and validate GCIC/NCIC record entries identified by this Rule. The training program shall emphasize that a second employee must verify each record entry for completeness and accuracy. Training requirements are contained in GCIC Council Rule  140-2-.16.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.14 - Validation Procedures for Wanted/Missing Person and Stolen Property Records

Current through Rules and Regulations filed through June 27, 2024
All criminal justice agencies with wanted/missing persons, protected persons and/or stolen property record entries in GCIC and NCIC computerized files are required to participate in the record validation program established and administered by GCIC and NCIC.
(a) Record entries subject to validation are wanted/missing persons, protected persons, unidentified deceased persons, stolen vehicles, stolen guns, stolen boats, stolen securities, protection order records, records on violent gangs and terrorist organizations, persons on supervised released and abandoned vehicles.
(b) GCIC produces monthly listings of record entries for validation. Specifically, a CJIS network terminal agency will receive a validation package for its own records and records established for another agency under a Holder of Record Agreement. When a CJIS network terminal agency establishes GCIC/NCIC records for another criminal justice agency the agency of record, not the terminal agency, will receive validation packages.
(c) Agencies of record shall review validation listings by (1) comparing each record to supporting documentation such as the original arrest warrant (has it been served) and the court of jurisdiction; criminal case file (is information accurate, complete and valid); protection order; missing persons report, including available criminal history records; documented extradition limit changes, if any, from the District Attorney; wanted persons record; (2) checking with issuing authorities or prosecutors to determine if warrants remain valid or cases will be prosecuted; (3) determining from owners of stolen serial-numbered property if recovery has been made or ownership has changed; (4) verifying that missing persons have not returned; and, (5) contacting the Clerk of Superior Court to ensure Protection Orders are valid.
(d) Agencies shall cancel record entries that are no longer valid.
(e) Agencies shall modify record entries that contain erroneous information or are incomplete and create supplemental record entries as required when additional information becomes available.
(f) When record entries are verified as accurate and current or have been modified or canceled, persons responsible for processing validation packages shall complete validation certification using procedures prescribed by GCIC.
(g) Non-receipt of certification messages by GCIC cited suspense dates will result in the removal of all record entries contained in validation listings processed from GCIC/NCIC files.
(h) Validation procedures, records and supporting documents are subject to GCIC and NCIC audits.
O.C.G.A. Secs. 35-3-33, 35-3-36.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.15 - Procedures for Handling Missing and Unidentified Deceased Persons

Current through Rules and Regulations filed through June 27, 2024
(1) All law enforcement agencies shall collect information about each person reported missing by a parent, guardian or next of kin. Information about unknown deceased persons shall also be collected and preserved for identification purposes. Information collected includes physical descriptions, descriptions of clothing, dental charts, fingerprints if available and other personal data useful in identifying missing or unknown deceased persons.
(2) Agencies receiving missing person reports shall enter appropriate records in GCIC/NCIC computerized files. Agencies investigating unknown deceased cases shall enter, or authorize entry of, unidentified deceased persons in NCIC. In compliance with federal law (42 USC 5779, Section 3701), GCIC will advise the Georgia Missing Person Clearinghouse of all such record entries.
(a) Record entries for missing minors, including juveniles reported as runaways, shall be made immediately. Entries for all other persons reported missing must be made within 12 hours, pursuant to O.C.G.A. §
									35-3-36.
(b) Within sixty (60) days of entry of a missing juvenile, the agency must attempt to update the record with any available medical/dental records for identification purposes.
(c) Thirty days after missing person records are entered in the NCIC computerized file, NCIC will check all records for completeness. NCIC sends messages to agencies of record when records are incomplete.
(d) A non-terminal agency should request assistance in making missing person record entries from the terminal agenc
y
that provides it CJIS network service.
(e) Agencies that enter or authorize the entry of missing person and unidentified deceased person records in GCIC/NCIC computerized files shall respond within 10 minutes to priority messages from other agencies reference possible identifications. Responses to messages classified as 'routine' shall be made within one hour. NCIC conducts daily matches to determine if identifiers in a missing person record are similar to those of a recent unidentified deceased person entry.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.16 - Training

Current through Rules and Regulations filed through June 27, 2024
(1) Criminal justice officials and agency heads shall provide training and retraining, as required by policy, to ensure their employees' effective performance of job-specific tasks relating to
(a) Use of the Georgia CJIS network and information files to which it provides access and CJIS network terminal operations.
(b) Use of NCIC.
(c) Use of Nlets.
(d) Dissemination and use of CHRI.
(e) State and national UCR programs.
(f) Fingerprinting arrested persons and use of the OTN and CTN when reporting an arrest, update or modification of an offender's criminal history record.
(g) Preparing and submitting OBTS reports with final dispositions of charges.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.17 - Brady Handgun Violence Prevention Act

Current through Rules and Regulations filed through June 27, 2024
(1) Effective November 1998, the Federal Brady Law established a National Instant Criminal Background Check System (NICS) that Federal Firearms Licensees (FFLs) must contact before transferring any firearm to an unlicensed individual. GCIC has authority to provide criminal history, wanted person and involuntary hospitalization records information to the FBI in conjunction with the NICS and in accordance with the federal 'Brady Handgun Violence Prevention Act'.
(2) GCIC records shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provisions of law, and in order to carry out O.C.G.A §
								16-11-172, GCIC shall be provided - in a manner agreed upon by the Probate Judges Training Council and the Georgia Bureau of Investigation (GBI) - such information and no other mental health information, to preserve the confidentiality of patient's rights in all other respects, from the involuntary hospitalization records of the probate courts concerning persons involuntarily hospitalized after March 22, 1995. Further, notwithstanding any other provisions of law and in order to carry out the provisions of O.C.G.A. §
								16-11-172, GCIC shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime, has been involuntarily hospitalized or both from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by the Council of Superior Court Clerks of Georgia and the GBI to preserve the confidentiality of patient's rights in all other respects. Five years from the date that GCIC receives a person's involuntary hospitalization information, the center shall purge its records of such information as soon as practicable and, in any event, within 30 days of the expiration of such five-year period.
O.C.G.A. Secs. 16-9-90, 16-11-170
et seq.
, 35-3-32, 35-3-34, 35-3-38, 37-3-81, 18 U.S.C. Secs. 921 - 923.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.18 - The Georgia Sexually Violent Offender Registry

Current through Rules and Regulations filed through June 27, 2024
(1) Georgia law places responsibility for the establishment, operation and management of a sexually violent offender registry within the Georgia Bureau of Investigation and principally, GCIC. Accordingly, GCIC will perform the following functions:
(a) Provide public access to the registry via the internet.
(b) Participate in the National Sex Offender Public Registry (NSOPR).
(c) Mail non-forwarding verification letters to the last known address of each registered sex offender, as required by law. The verification letter will serve as official notification to sex offenders that they must re-register with the Sheriff's Department in their county of residence.
(d) Notify sheriffs when a sex offender record is entered, updated, or deleted from the registry.
(e) Publish periodic reports for sheriffs that list sex offenders and sexually dangerous predators residing in each county.
(f) Notify appropriate out-of-state law enforcement agencies when a sex offender relocates to their state.
(g) Conduct training on issues related to operation and maintenance of the sex offender registry.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.19 - The Georgia Protective Order Registry

Current through Rules and Regulations filed through June 27, 2024
(1) Georgia law places responsibility for the establishment, operation and management of a protective order registry within the GBI and principally, GCIC. Accordingly, GCIC will perform the following functions:
(a) Provide access via a secure internet web site to a centralized database for statewide protective orders.
(b) Assign law enforcement officers, prosecuting attorneys and the courts a unique user ID and password established specifically for access to the registry.
(c) Ensure entry into the registry of any protective order or modification thereof received from the Clerk of Court.
(d) Ensure transmission to the NCIC Protection Order File of all protective orders and modifications entered in the registry that meet NCIC data requirements.
(e) Authorize an alternative method of transmitting protective orders to the registry in the event of electronic failure.
(f) Consult with the Georgia Commission on Family Violence regarding the effectiveness of the registry in enhancing the safety of the victims of domestic violence and stalking.
Compilation of Rules and Regulations of the State of Georgia › Department 140 - GEORGIA CRIME INFORMATION CENTER COUNCIL › Chapter 140-2 - PRACTICE AND PROCEDURE › Rule 140-2-.20 - Sanctions

Current through Rules and Regulations filed through June 27, 2024
(1) Criminal justice agencies, governmental dispatch centers and other governmental agencies are subject to GCIC administrative sanctions for violating laws governing operation of the CJIS network, these Rules or CJIS network policies published by GCIC pursuant to O.C.G.A. §
								35-3-33(13). Administrative sanctions for terminal agencies may include, but not limited to purging wanted/missing person and stolen property serial-numbered records entered in GCIC/NCIC computerized files by CJIS network agencies or established by these agencies for non-terminal agencies pursuant to signed service agreements; restricted access to the CJIS network; and suspension/revocation of an agency's CJIS network access.
(2) Administrative sanctions may be imposed on individual violators. Such sanctions may include mandatory re-training and/or re-certification of TACs, terminal operators and/or practitioners and suspension from access to the CJIS network.
(3) Individual violators are also subject to criminal prosecution when their actions constitute violations of applicable state or federal statutes.
Authority O.C.G.A. Secs. 16-9-90
et seq.
, 35-3-32, 35-3-38, 18 U.S.C. 641, 1030, 1343, 1951, 1952.
Compilation of Rules and Regulations of the State of Georgia › Department 142 - RULES OF ORGANIZED CRIME PREVENTION COUNCIL › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives the date on which the Rule was originally filed and its effective date. Chapter 142-1 entitled "Administration," containing Rules  142-1-.01  through  142-1-.03, was filed on November 2, 1981; effective November 22, 1981. Chapter 142-2 entitled "Definitions," containing Rule  142-2-.01, was filed on November 2, 1981; effective November 22, 1981. Chapter 142-3 entitled "Functions and Purposes," containing Rules  142-3-.01  and  142-3-.02, was filed on November 2, 1981; effective November 22, 1981. Chapter 142-4 entitled "Adoption of Rules," containing Rules  142-4-.01  through  142-4-.03, was filed on November 2, 1981; effective November 22, 1981.
Compilation of Rules and Regulations of the State of Georgia › Department 142 - RULES OF ORGANIZED CRIME PREVENTION COUNCIL › Chapter 142-1 - ADMINISTRATION › Rule 142-1-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
All rules and regulations of the Organized Crime Prevention Council shall be administered by the Director, Organized Crime Prevention Council, whose address is P.O. Box 1456, Atlanta, Georgia 30371.
(a) Director. The Director is appointed by the Council and serves at the pleasure of the Council. The Director shall employ such other professional, technical and clerical personnel as he deems necessary to carry out the Council's duties and responsibilities.
(b) Council Membership. The Organized Crime Prevention Council shall be composed of eight (8) members appointed by the Governor, who shall be, by virtue of their training or experience, knowledgeable in the prevention and control of organized crime, and one of whom must be a member of the Board of Public Safety.
1. Terms of Membership. The Governor shall make all appointments and the members shall serve at his pleasure. The initial terms for the members shall begin July 1, 1981.
2. Appointment to Fill a Vacancy. In the event of death, resignation, disqualification or removal of any member of the Council, the Governor shall fill the vacancy in the manner as other member appointments.
Compilation of Rules and Regulations of the State of Georgia › Department 142 - RULES OF ORGANIZED CRIME PREVENTION COUNCIL › Chapter 142-1 - ADMINISTRATION › Rule 142-1-.02 - Member Compensation

Current through Rules and Regulations filed through June 27, 2024
The members of the Council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day the member of the Council is in attendance at a meeting of the Council, plus either reimbursement for actual transportation costs while traveling by public carrier, or the same mileage allowance for use of a personal car in connection with such attendance, as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance or other remuneration received by any Council member for his or her attendance.
Ga. L. 1980, pp. 397-398.
Compilation of Rules and Regulations of the State of Georgia › Department 142 - RULES OF ORGANIZED CRIME PREVENTION COUNCIL › Chapter 142-1 - ADMINISTRATION › Rule 142-1-.03 - Administrative Assignment

Current through Rules and Regulations filed through June 27, 2024
The Organized Crime Prevention Council is assigned to the Department of Public Safety for administrative purposes only.
Ga. L. 1980, p. 397, and Ga. L. 1972, p. 1015.
Compilation of Rules and Regulations of the State of Georgia › Department 142 - RULES OF ORGANIZED CRIME PREVENTION COUNCIL › Chapter 142-2 - DEFINITIONS › Rule 142-2-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following shall apply generally to all rules and regulations of the Organized Crime Prevention Council:
(a) The "Act" means the "Organized Crime Prevention Council Act" (Ga. L. 1980, pp. 396-399).
(b) "Council" means the Organized Crime Prevention Council, as created by Ga. L. 1980, pp. 396-399.
(c) "Emergency" means a sudden or unexpected occasion for action of pressing necessity; an unforeseen combination of circumstances that calls for immediate action.
Ga. L. 1980, pp. 396-399.
Compilation of Rules and Regulations of the State of Georgia › Department 142 - RULES OF ORGANIZED CRIME PREVENTION COUNCIL › Chapter 142-3 - FUNCTIONS AND PURPOSES › Rule 142-3-.01 - Functions and Purposes

Current through Rules and Regulations filed through June 27, 2024
The functions and purposes of the Organized Crime Prevention Council as prescribed by law are as follows:
(a) Organized Crime Prevention Coordination. The Council shall develop and coordinate strategies and plans to attack and control organized crime, such as:
1. To create, guide and counsel the Georgia State Intelligence Network (GSIN);
2. To coordinate Georgia's Locals to Help Locals law enforcement program;
3. To coordinate international, national and statewide special projects;
4. To conduct joint federal, state and local intelligence conferences;
5. To provide organized crime and intelligence training courses;
6. To prepare annual reports and annual confidential reports on Georgia's organized crime problem;
7. To develop an annual organized crime legislation package;
8. To provide advice and counsel to the Governor of Georgia on ways and means to prevent the intrusion of organized crime into Georgia;
9. To inform the public of the menace of organized crime and the threat it poses to the citizens of Georgia.
Compilation of Rules and Regulations of the State of Georgia › Department 142 - RULES OF ORGANIZED CRIME PREVENTION COUNCIL › Chapter 142-3 - FUNCTIONS AND PURPOSES › Rule 142-3-.02 - Georgia State Intelligence Network

Current through Rules and Regulations filed through June 27, 2024
(1) Membership. Admission to membership in the Georgia State Intelligence Network, hereinafter referred to as the "Network," is subject to approval by the Council by a unanimous vote of the members voting. The Council will include the following considerations in its decisions but is not restricted thereto:
(a) Needs/benefits to applicant/Council;
(b) Size of applicant agency as well as extent of its organized crime problem;
(c) Desirable size of the Network;
(d) Integrity/credibility of applicant among law enforcement and the community in general.
Compilation of Rules and Regulations of the State of Georgia › Department 142 - RULES OF ORGANIZED CRIME PREVENTION COUNCIL › Chapter 142-4 - ADOPTION OF RULES › Rule 142-4-.01 - Right of Petition Established

Current through Rules and Regulations filed through June 27, 2024
Any interested person may petition the Council requesting the promulgation of a rule or the amendment or repeal of a rule already in force, as contemplated in the Georgia Administrative Procedure Act (Ga. L. 1964, pp. 338-346, as amended).
Ga. L. 1980, pp. 396-398.
Compilation of Rules and Regulations of the State of Georgia › Department 142 - RULES OF ORGANIZED CRIME PREVENTION COUNCIL › Chapter 142-4 - ADOPTION OF RULES › Rule 142-4-.02 - Form of Petition

Current through Rules and Regulations filed through June 27, 2024
Each such petition shall be filed with the Council in writing and shall set forth:
(a) The name and post office address of the petitioner;
(b) The full text of the rule requested to be amended or repealed, or the full text of the rule desired to be promulgated;
(c) A paragraphed statement of the reasons such rule should be amended, repealed or promulgated, including a statement of all pertinent and existing facts as to the petitioner's interest in the matter;
(d) Citations of legal authorities if any, which authorize, support, or require the action requested by the petitioner. The petition shall be verified under oath by, or in proper behalf of the petitioner.
Ga. L. 1980, pp. 396-398.
Compilation of Rules and Regulations of the State of Georgia › Department 142 - RULES OF ORGANIZED CRIME PREVENTION COUNCIL › Chapter 142-4 - ADOPTION OF RULES › Rule 142-4-.03 - Proceeding on Petition

Current through Rules and Regulations filed through June 27, 2024
Upon receipt of the petition, the Chairman, Vice Chairman, or Secretary of the Council, shall give the petition due consideration and present it to the Council, who shall decide upon the action to be taken. Within thirty days after receipt of a petition, the Council shall inform the petitioner by mail of the decision reached, and shall either decline to take the action requested, stating its reasons for so declining, or shall initiate rulemaking in accordance with the Georgia Administrative Procedure Act (Ga. L. 1964, pp. 338-346, as amended).
Ga. L. 1980, pp. 396-398.
Compilation of Rules and Regulations of the State of Georgia › Department 143 - RULES OF CRIME VICTIMS COMPENSATION BOARD › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives the date on which the Rule was originally filed and its effective date, as well as the date on which any amendment or repeal was filed and its effective date. Principal abbreviations used in the Administrative History are as follows:
f.- filed
eff. - effective
R.- Rule (Abbreviated only at the beginning of the control number)
Ch. - Chapter (Abbreviated only at the beginning of the control number)
ER.- Emergency Rule
Rev. - Revised
Note: Emergency Rules
are listed in each Rule's Administrative History by Emergency Rule number, date filed and effective date. The Emergency Rule will be in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule is adopted, as specified by the Agency.
Chapter 143-1 entitled "Administration" has been adopted. Filed February 6, 1991; effective February 26, 1991.
Rules  143-1-.01  to  .13  have been amended. Filed January 5, 2000; effective January 25, 2000.
Rules  143-1-.02  to  .04,  .07  and  .08  have been amended. Filed November 20, 2002; effective December 10, 2002.
Rules  143-1-.01  through  143-1-.09  repealed. F. June 30, 2015; eff. July 20, 2015.
Compilation of Rules and Regulations of the State of Georgia › Department 144 - RULES OF GEORGIA CRIMINAL JUSTICE COORDINATING COUNCIL › Chapter 144-1 - THE CRIMINAL JUSTICE COORDINATING COUNCIL › Rule 144-1-.01 - The Criminal Justice Coordinating Council

Current through Rules and Regulations filed through June 27, 2024
The General Assembly created the Criminal Justice Coordinating Council to provide the necessary leadership to coordinate the major components of the criminal justice system by establishing a state-wide coordinating body which represents all components and all levels of the criminal justice system, to administer grants and aid to state and local criminal justice entities, and for other purposes.
O.C.G.A. Secs. 35-6A-1, 35-6A-4.
Compilation of Rules and Regulations of the State of Georgia › Department 144 - RULES OF GEORGIA CRIMINAL JUSTICE COORDINATING COUNCIL › Chapter 144-1 - THE CRIMINAL JUSTICE COORDINATING COUNCIL › Rule 144-1-.02 - Administrative Assignment

Current through Rules and Regulations filed through June 27, 2024
(1) The Criminal Justice Coordinating Council is assigned to the Georgia Bureau of Investigation for administrative purposes only. The Council has authority to:
(a) Exercise its quasi-judicial, rule-making or policy-making functions independently of the Georgia Bureau of Investigation;
(b) Prepare its budget and submit its budgetary requests through the Georgia Bureau of Investigation; and
(c) Employ its own personnel as authorized or funds are appropriated.
Compilation of Rules and Regulations of the State of Georgia › Department 144 - RULES OF GEORGIA CRIMINAL JUSTICE COORDINATING COUNCIL › Chapter 144-1 - THE CRIMINAL JUSTICE COORDINATING COUNCIL › Rule 144-1-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 35-6A-1, 35-6A-4.
Compilation of Rules and Regulations of the State of Georgia › Department 144 - RULES OF GEORGIA CRIMINAL JUSTICE COORDINATING COUNCIL › Chapter 144-1 - THE CRIMINAL JUSTICE COORDINATING COUNCIL › Rule 144-1-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 35-6A-1, 35-6A-4.
Compilation of Rules and Regulations of the State of Georgia › Department 144 - RULES OF GEORGIA CRIMINAL JUSTICE COORDINATING COUNCIL › Chapter 144-1 - THE CRIMINAL JUSTICE COORDINATING COUNCIL › Rule 144-1-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs. 35-6A-1, 35-6A-4.