reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 4 - Police Employees' Personnel Rules › Section 4-4 - Selection process for appointment

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2
Sec. 4.
Applicants meeting the initial standards in sections 2 and 3
				  of this rule are subject to the following selection criteria:
(1) Selection of only those applicants who
				successfully pass all the preemployment tests prescribed by the
				superintendent.
(2) Selection of
				only those applicants whose character and reputation are acceptable to the
				state police department (department).
(3) Selection of only those applicants who
				meet the vision standards prescribed by the superintendent.
(4) Selection of only those applicants found
				to conform to the physical standards prescribed by the superintendent and the
				state police board, as evidenced by a physical examination conducted by a
				competent medical doctor retained by the department.
(5) Selection of only those applicants able
				to successfully pass any physical agility tests as may be prescribed by the
				department.
(6) Subject to
				budgetary limitations, assignment by the superintendent of a sufficient number
				of applicants, not previously eliminated by the selection procedure, to a
				preduty training school.
(7)
				Selection of only those applicants who successfully complete the preduty
				training school. Applicants assigned to the school may be dismissed at any time
				upon recommendation of the commander of the preduty training school, with the
				approval of the superintendent.
(8)
				A personal interview with the superintendent and the state police board,
				following which the applicants may be:
(A)
				appointed to the department;
(B)
				retained as a trooper trainee;
(C)
				placed on a reserve list for filling future vacancies; or
(D) dropped from further consideration as
				prospective police employees.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 4 - Police Employees' Personnel Rules › Section 4-5 - Oath, affirmation before employment

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2-12; IC 10-11-2-14
Sec. 5.
Before employment, all prospective employees must sign a
				  statement upon their oath of affirmation, attesting that they are not now and
				  have never been, a member of, or otherwise affiliated with, any organization,
				  association or body which advocates the overthrow of the United States
				  government or its several subdivisions, by force or violence or illegal means.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 4 - Police Employees' Personnel Rules › Section 4-18 - Reappointment procedure

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2-12; IC 10-11-2-14
Sec. 18.
(a) A former
				employee seeking reappointment as a police officer to the department shall
				submit a letter of request to the superintendent stating the reasons therefor,
				his present address, the names and addresses of all his employers since leaving
				the department, the nature of the work performed in each employment and any
				other activities bearing on the request.
(b) A police employee may be re-employed as a
				civilian after retirement as outlined in 240 IAC 1-5.
(1) The superintendent may deny the request
				or refer it for further processing.
(2) If the request for reappointment is to be
				considered further, an investigation shall be conducted in the former
				employee's home community, among his recent employers, his former commanding
				officers, and other department associates.
(3) The former employee shall be scheduled to
				appear before the personnel board for an interview.
(4) The applicant shall meet all the
				requirements for police employees as specified in 240 IAC 1-4-2 and 240 IAC
				1-4-3 subject to the approval of the superintendent and the board.
(5) Before being reappointed, shall have
				demonstrated in his activities with the department and his record since leaving
				the department, that he is outstanding in character and ability and that he
				would be of greater value to the department than a new employee.
(6) Must be approved by the superintendent
				and the board, before being reappointed.
(7) May, at the discretion of the
				superintendent, be required to attend the next session of the department's
				pre-duty training school.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 4 - Police Employees' Personnel Rules › Section 4-22 - Personnel file; unsuccessful applicants

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2-12; IC 10-11-2-14
Sec. 22.
If a background investigation has been conducted and
				  character references obtained for an applicant of employment and the applicant
				  is not subsequently hired, such reports will be kept for a period of two years,
				  then destroyed. An applicant not subsequently hired may not view the background
				  investigation or the character references.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 4 - Police Employees' Personnel Rules › Section 4-24.1 - Termination; mandatory retirement at 65 years of age

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2
Sec. 24.1.
Police employees shall:
(1) be mandatorily retired on the day on
				which their sixty-fifth birthday occurs, unless earlier retired for
				occupational qualification reasons; and
(2) not be eligible for reemployment as a
				police officer.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 5 - Civilian Employees' Personnel Rules › Section 5-1 - Appointment, reappointment; policy

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2-12; IC 10-11-2-14
Sec. 1.
No applicant or employee shall be discriminated against or
				  favored, with the respect to his hire, tenure, terms
[sic., ","]
conditions, or privileges of employment or any matter directly or
				  indirectly related to employment because of his race, color, sex, religion,
				  national origin or ancestry. Each applicant and employee will be limited only
				  by his own abilities and qualifications, and the department will endeavor to
				  select, hire and maintain in its employ only the best qualified persons
				  available for any particular position.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 5 - Civilian Employees' Personnel Rules › Section 5-2 - Appointment, reappointment; applications

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2-12; IC 10-11-2-14
Sec. 2.
(a)
				Applications shall be made using the official Indiana state police civilian
				form and shall be signed by the applicant to indicate that he certifies to the
				truth and accuracy of all statements made therein.
(b) Applicants shall indicate the title of
				the position for which they are applying.
(c) Applications will be kept in an active
				status for six months after which they will be placed in an inactive
				status.
(d) Applications will be
				destroyed after they have been on file for one year without placement.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 5 - Civilian Employees' Personnel Rules › Section 5-3 - Appointment procedures

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2
Sec. 3.
(a) Entry
				level vacancies can be filled without advertising.
(b) Appointments to entry level positions
				will be approved by the superintendent or the superintendent's
				designee.
(c) Whenever there is
				urgent need of an employee for a temporary period, a temporary appointment may
				be authorized for a period not to exceed ninety (90) working days. Successive
				temporary appointments of the same person shall not be made. However, an
				employee may be reappointed at a later date if his or her total employment in a
				temporary position does not exceed ninety (90) working days in a twelve (12)
				month period.
(d) An appointment to
				a temporary position will be approved by the superintendent or the
				superintendent's designee.
(e) Any
				employee appointed to fill the position of an employee granted maternity,
				military, or special sick leave shall be terminated when the incumbent
				returns.
(f) All appointments of
				newly hired state police employees and appointments of permanent employees to
				different classifications shall be subject to a probationary period. The length
				of such probationary period shall be as follows:
(1) For an employee who works on a full-time
				basis, the probationary period shall be six (6) months except an employee
				assigned to a technical position who shall serve a probationary period of one
				(1) year.
(2) For an employee
				working less than full time, but more than half time, the probationary period
				shall be for one (1) year.
(3) For
				an employee working less than half time, the probationary period shall be
				eighteen (18) months.
(4) Upon
				written request of the commander of the probationary employee, with
				accompanying job related reasons, the superintendent, with approval of the
				state police board, may extend the probationary period by an additional period
				not to exceed the original probationary period.
(5) A newly hired employee who is on
				probation shall be subject, without recourse, to termination at any time during
				the probationary period by the superintendent.
(6) For the purpose of this subsection, a
				technical position shall be any of the following:
(A) Chemist.
(B) Information specialist.
(C) Computer programmer.
(D) Software specialist.
(E) Document examiner.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 5 - Civilian Employees' Personnel Rules › Section 5-4 - Appointment, reappointment; job qualifications

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2
Sec. 4.
All applicants for employment shall be high school graduates
				  or possess a general equivalency diploma (GED) equivalent and meet all job
				  qualifications established by the superintendent.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 5 - Civilian Employees' Personnel Rules › Section 5-5 - Reappointment exceptions

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2
Sec. 5.
No person discharged from the state police department shall
				  afterwards be eligible for reappointment.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 5 - Civilian Employees' Personnel Rules › Section 5-6 - Appointment, reappointment; oath and affirmation

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2-12; IC 10-11-2-14
Sec. 6.
Before employment, all prospective employees must sign a
				  statement upon their oath or affirmation, attesting that they are not now and
				  have never been, a member of, or otherwise affiliated with, any organization,
				  association or body which advocates the overthrow of the United States
				  government or its several subdivisions, by force or violence or illegal means.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 5 - Civilian Employees' Personnel Rules › Section 5-7.1 - Appointment to motor carrier inspector positions; qualifications

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2
Sec. 7.1.
(a) Prior
				to appointment, an applicant selected for motor carrier inspector position
				shall:
(1) be at least twenty and one-half
				(20½) years of age;
(2) be
				required to pass the motor carrier inspector background investigation;
				and
(3) possess a valid Indiana
				driver's license.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 5 - Civilian Employees' Personnel Rules › Section 5-8 - Appointment, reappointment; background investigations

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2-12; IC 10-11-2-14
Sec. 8.
Applicants selected for employment will be investigated in
				  their community to ascertain their moral standing and a criminal check will be
				  conducted. Applicants will not be employed until after a background
				  investigation has been completed.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 1 - PERSONNEL › Rule 5 - Civilian Employees' Personnel Rules › Section 5-23 - Reemployment of employees who are receiving benefits from the police benefit fund

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-1; IC 10-11-2
Sec. 23.
(a) A
				retired employee who desires to be reemployed will be required to compete with
				other nondepartment applicants in accordance with the procedures outlined in
				sections 1 through 8 of this rule.
(b) If a former employee is reemployed, the
				superintendent shall make appointment:
(1) at
				the same rate of pay the employee had been receiving when the employee was last
				in that class or a class of the same salary range; or
(2) at the nearest higher dollar amount to
				the salary received before separation that is within the current salary range
				for the class.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 3 - FIREARMS LICENSING › Rule 1 - Issuance › Section 1-1 - Issuance; improper persons; restricted licenses

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 35-47-2-3; IC 35-47-2-4
Sec. 1.
ISSUANCE.
(1) The
				Superintendent of the Indiana State Police Department will not issue a firearm
				license which would place a licensee in contradiction of Federal Firearm
				Law.
(2) A person is an improper
				person if:
(A) He has a history of minor
				criminal activity which would give rise to a reasonable belief that the
				applicant has a propensity for violent or emotionally unstable
				conduct.
(B) He is found, upon a
				standard of reasonable belief, not to be emotionally stable.
(C) He has been charged and convicted of any
				violent crime as defined by 35-23-4.1-1
[Repealed by P.L. 311-1983,
				SECTION 49. See, IC 35-47-2-3 concerning criteria for accepting an application
				for a license.]
(D) He
				makes a false statement of material fact on his application.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 3 - FIREARMS LICENSING › Rule 2 - Suspension-Temporary › Section 2-1 - Temporary suspension; notice; hearing

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 35-47-2-3; IC 35-47-2-4
Sec. 1.
SUSPENSION-TEMPORARY.
(1) The Superintendent will temporarily
				suspend a firearm license upon the written request of a local police
				department, sheriff's department, prosecutor or full time police officer,
				without prior hearing.
(2) The
				request for suspension must state reasonable grounds for such
				suspension.
(3) Upon suspension,
				the licensee will be given notice of right to immediate hearing and grounds for
				the suspension.
(4) An authority
				requesting suspension must appear and prove the grounds for permanent
				revocation of the license.
(5)
				Failure of the requesting authority to appear at the hearing may cause
				reinstatement of license to licensee.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 3 - FIREARMS LICENSING › Rule 3 - Revocation › Section 3-1 - Revocation of license; hearing

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 4-21.5; IC 35-47-2-3; IC 35-47-2-4
Sec. 1.
REVOCATION.
(1) The
				Superintendent will permanently revoke a license only if he has proof of the
				allegation which served as the grounds for temporary suspension.
(2) A revocation will be made only after an
				adequate hearing, as defined by the Indiana Administrative Adjudication Act-IC
				1971 4-22-1
[Repealed by P.L. 18-1986, SECTION 2. See IC
				4-21.5.]
.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 3 - FIREARMS LICENSING › Rule 4 - General › Section 4-1 - Application for license; hearing; default; disapproval

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 35-47-2-3; IC 35-47-2-4
Sec. 1.
GENERAL.
(1) An
				applicant need not list traffic arrests or traffic convictions on his
				application except:
(A) Driving Under the
				Influence of Alcohol, Drugs or Narcotics;
(B) Reckless Driving;
(C) Fleeing a Police Officer; and
(D) Any charges related to injury or
				death.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 4.1 - PRIVATE DETECTIVES › Rule 1 - General Provisions › Section 1-1 - Definitions (Transferred)

Current through July 10, 2024
Transferred from State Police Department 240 IAC 4.1-1-1 to
					 Private Detectives Licensing Board ( 862 IAC 1-1-1 ) by P.L. 234-1989, SECTION
					 25, effective July 1, 1989.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 4.1 - PRIVATE DETECTIVES › Rule 1 - General Provisions › Section 1-2 - Forms; reproduction (Transferred)

Current through July 10, 2024
Transferred from State Police Department 240 IAC 4.1-1-2 to
					 Private Detectives Licensing Board ( 862 IAC 1-1-2 ) by P.L. 234-1989, SECTION
					 25, effective July 1, 1989.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 4.1 - PRIVATE DETECTIVES › Rule 1 - General Provisions › Section 1-3 - Experience requirement (Transferred)

Current through July 10, 2024
Transferred from State Police Department 240 IAC 4.1-1-3 to
					 Private Detectives Licensing Board ( 862 IAC 1-1-3 ) by P.L. 234-1989, SECTION
					 25, effective July 1, 1989.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 4.1 - PRIVATE DETECTIVES › Rule 1 - General Provisions › Section 1-5 - Violation of private detective license law; effect on application (Transferred)

Current through July 10, 2024
Transferred from State Police Department 240 IAC 4.1-1-5 to
					 Private Detectives Licensing Board ( 862 IAC 1-1-4 ) by P.L. 234-1989, SECTION
					 25, effective July 1, 1989.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 4.1 - PRIVATE DETECTIVES › Rule 1 - General Provisions › Section 1-6 - Fingerprints; assignment of code number (Transferred)

Current through July 10, 2024
Transferred from State Police Department 240 IAC 4.1-1-6 to
					 Private Detectives Licensing Board ( 862 IAC 1-1-5 ) by P.L. 234-1989, SECTION
					 25, effective July 1, 1989.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 4.1 - PRIVATE DETECTIVES › Rule 1 - General Provisions › Section 1-7 - Advertising (Transferred)

Current through July 10, 2024
Transferred from State Police Department 240 IAC 4.1-1-7 to
					 Private Detectives Licensing Board ( 862 IAC 1-1-6 ) by P.L. 234-1989, SECTION
					 25, effective July 1, 1989.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 4.1 - PRIVATE DETECTIVES › Rule 1 - General Provisions › Section 1-8 - Nonresident applicants (Transferred)

Current through July 10, 2024
Transferred from State Police Department 240 IAC 4.1-1-8 to
					 Private Detectives Licensing Board ( 862 IAC 1-1-7 ) by P.L. 234-1989, SECTION
					 25, effective July 1, 1989.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 4.1 - PRIVATE DETECTIVES › Rule 1 - General Provisions › Section 1-9 - Payment of license fee (Transferred)

Current through July 10, 2024
Transferred from State Police Department 240 IAC 4.1-1-9 to
					 Private Detectives Licensing Board ( 862 IAC 1-1-8 ) by P.L. 234-1989, SECTION
					 25, effective July 1, 1989.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 4.1 - PRIVATE DETECTIVES › Rule 1 - General Provisions › Section 1-10 - Names of licensees; limitations (Transferred)

Current through July 10, 2024
Transferred from State Police Department 240 IAC 4.1-1-10
					 to Private Detectives Licensing Board ( 862 IAC 1-1-9 ) by P.L. 234-1989,
					 SECTION 25, effective July 1, 1989.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 1 - Indiana Data and Communications System-Policy › Section 1-2 - Audit of system transactions

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-2-9; IC 10-13-2-10
Affected: IC 10-13-2-5
Sec. 2.
(a)
				Established IDACS committee policy requires all user agencies to maintain an
				audit trail for six (6) months for certain types of IDACS transactions as
				itemized but not limited to the following:
(1)
				Switched messages (both transmitted and received).
(2) Bureau of motor vehicles and department
				of natural resources information filedata.
(3) IDACS/NCIC stolen filedata.
(4) Out-of-state (NLETs) bureau of motor
				vehicles or department of natural resources data.
These audit records shall include, but are not limited to,
				  the names of all persons or agencies to whom the information is disseminated
				  and the date and time upon which such information is disseminated. Audit trails
				  shall be maintained manually or by automation, and shall be made available to
				  the IDACS committee for inspection upon request.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 1 - Indiana Data and Communications System-Policy › Section 1-3 - Audit of criminal history record dissemination

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-2-9; IC 10-13-2-10
Affected: IC 4-1-6; IC 10-13-2-5
Sec. 3.
28 U.S.C. states that audits shall be kept pertaining to the
				  dissemination of criminal history records. This includes responses from NCIC's
				  Interstate Identification Index (NCIC III) and responses from state central
				  repositories and other agency criminal history files (both in-state and
				  out-of-state). Such audit records shall include, but are not limited to, the
				  names of all persons or agencies to whom the information is disseminated and
				  the date and time upon which such information is disseminated.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 2 - Indiana Data and Communications System - Security › Section 2-7 - Validation of records

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-2-9; IC 10-13-2-10
Affected: IC 4-1-6-7; IC 10-13-2
Sec. 7.
(a) All IDACS
				user agencies shall validate, on a periodic basis, as prescribed to the user
				agency by IDACS, all IDACS wanted records entered on their authority.
				Validation of records shall be in conformity and compliance with rules set
				forth by IDACS.
(b) Validation
				obligates the originating agency to confirm the record is COMPLETE, ACCURATE,
				and is still OUTSTANDING or ACTIVE.
(c) Validation is accomplished by reviewing
				the original entry and current supporting documents and by recent consultation
				with any appropriate complainant, victim, prosecutor, court, motor vehicle
				registry files, or other appropriate source or individual. In the event the
				originating agency is unsuccessful in its attempts to contact the victim,
				complainant, etc., the entering authority shall make a determination based on
				the best information and knowledge available whether or not to retain the
				original entry on file.
(d) To
				ensure the validity of IDACS and NCIC records, administrative controls shall be
				maintained which will result in prompt updating for the benefit of system
				users. Agencies entering records in IDACS and/or NCIC are solely responsible
				for their accuracy, timeliness, and completeness. Only by conscientious
				validation of records can users remain assured the integrity of the system is
				being upheld, and inquiring officers can rely on the information in IDACS and
				NCIC.
(e) The Indiana control
				terminal is responsible to the national network (NCIC). Control terminal
				responsibilities are as follows:
(1) Monitor
				system use.
(2) Enforce
				discipline.
(3) Assure system
				procedures and policies are met by all users.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 2 - Indiana Data and Communications System - Security › Section 2-8 - Terminal agency operation; coordinator; duties and responsibilities

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-2-9; IC 10-13-2-10
Affected: IC 4-1-6-7; IC 10-13-2-5
Sec. 8.
Once operational on the IDACS system, each terminal agency is
				  required to designate one (1) individual as coordinator to serve as liaison
				  between that department and the IDACS committee. It is important that the
				  person selected becomes familiar with all phases of IDACS to efficiently carry
				  out all duties and responsibilities assigned. Duties and responsibilities are
				  as follows:
(1) Ensure that all agency
				personnel (including any nonterminal agencies serviced) utilizing system
				information are aware of the rules and policies of the IDACS/NCIC/NLETS
				system.
(2) Disseminate the
				contents of the IDACS/NCIC newsletters to all terminal operators.
(3) Ensure that validation reports are
				properly processed.
(4) Ensure that
				terminal operators receive proper IDACS training in accordance with the IDACS
				certification training program.
(5)
				Maintain NCIC and IDACS manual revisions and disseminate information to
				operators.
(6) Advise IDACS of any
				changes in the agency head, the coordinator, agency address, or terminal
				site.
(7) Report all IDACS rule
				violations and other improper uses to IDACS.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 2 - Indiana Data and Communications System - Security › Section 2-9 - User agreement

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-2-9; IC 10-13-2-10
Affected: IC 4-1-6-7; IC 10-13-2-6
Sec. 9.
All IDACS user agencies shall complete a "user agreement"
				  before utilizing the system. Agencies with terminals and statutory police
				  agencies shall complete such agreements with the Indiana state police and the
				  IDACS committee. Nonterminal agencies shall complete an agreement with the
				  terminal agency that services them.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 2 - Indiana Data and Communications System - Security › Section 2-10 - Security; confidentiality

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-2-9; IC 10-13-2-10
Affected: IC 10-13-2
Sec. 10.
(a)
				"System", as used in the security and confidentiality rules, means IDACS,
				NLETS, and/or NCIC terminals, equipment, and any and all data accessible from
				or stored therein.
(b) Access,
				meaning the ability to obtain information from the system, shall be permitted
				only to criminal justice agencies in the discharge of their official mandated
				responsibilities, and those agencies as required by state and/or federal
				enabling authority. Release of Indiana bureau of motor vehicles data to
				noncriminal justice agencies may occur when it is determined to be in the best
				interest of law enforcement/criminal justice to do so. Agencies that shall be
				permitted access to SYSTEM data include the following:
(1) Police forces and departments at all
				governmental levels (including private college and railroad police departments
				as authorized by Indiana Code) that are responsible for enforcement of general
				criminal laws.
(2) Prosecutive
				agencies and departments at all governmental levels.
(3) Courts at all governmental levels with a
				criminal or equivalent jurisdiction.
(4) Correction departments at all
				governmental levels, including corrective institutions and probation
				departments.
(5) Parole commissions
				and agencies at all governmental levels.
(6) Agencies at all governmental levels which
				have as a principal function the collection and provision of fingerprint
				identification information.
(7)
				Regional or local governmental organizations established pursuant to statute
				which collect and process criminal justice information and whose policy and
				governing boards have, as a minimum, a majority composition of members
				representing criminal justice agencies.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 2 - Indiana Data and Communications System - Security › Section 2-11 - IDACS operator/coordinator certification training

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-2-9; IC 10-13-2-10
Affected: IC 10-13-2-3; IC 10-13-2-4
Sec. 11.
(a) All
				IDACS terminal operators (including mobile terminals) shall be trained and
				tested for their proficiency at operating the IDACS terminal. All IDACS
				coordinators shall be trained and tested for their proficiency at operating the
				IDACS terminal and for their skills as the coordinator.
(b) The objectives of training requirements
				shall be as follows:
(1) To ensure that
				terminal operators and coordinators are familiar with the laws governing
				IDACS/NCIC/NLETS, IDACS system rules, regulations, and procedures, and what
				files (functions) are available and how to utilize them properly.
(2) Create an awareness of IDACS/NCIC/NLETS
				system capabilities in order to allow criminal justice agencies to obtain
				maximum use of the system.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 2 - Indiana Data and Communications System - Security › Section 2-12 - User agency sanctions

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-2-9; IC 10-13-2-10
Affected: IC 10-13-2-3; IC 10-13-2-4
Sec. 12.
(a) The
				IDACS committee shall review violations of IDACS rules and make recommendations
				to the state police superintendent to impose sanctions on user
				agencies.
(b) The objectives of the
				sanction procedure shall be as follows:
(1) To
				ensure the integrity of the SYSTEM.
(2) Create an awareness among user agencies
				of the importance of following rules, regulations, and procedures in order to
				minimize the risk to liabilities that may be incurred by misuse of the SYSTEM
				and its data.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 3 - Indiana Law Enforcement Emergency Network-Administration › Section 3-1 - Purpose of network; limitation on participation

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-2-10
Sec. 1.
The Indiana Law Enforcement Emergency Network (ILEEN) is a
				  system to establish a common communications bond between all Indiana law
				  enforcement officers. It provides a secondary dedicated channel of emergency
				  inter-department communication for each vehicle participating in the program.
				  Participation is limited to law enforcement vehicles or portables operated by
				  certified law enforcement officers.
ILEEN provides for coordinated assistance in emergencies and
				  supports the concept of mutual interdependence.
Manpower shortages in Indiana law enforcement agencies point
				  up the need of large and small agencies for assistance in coping with
				  emergencies. ILEEN can bring such assistance rapidly when an officer advises
				  others on the ILEEN frequency that he is in an emergency situation.
Hundreds of radio units are being installed or converted for
				  operation on ILEEN by local, county, and state agencies. At this time, the
				  Indiana State Police has base station transmitters and receivers on the
				  frequency ready to begin operation.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 3 - Indiana Law Enforcement Emergency Network-Administration › Section 3-2 - Participation; request for authorization

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-2-10
Sec. 2.
Participation is limited to those law enforcement agencies
				  who file "Request For Authorization Forms" with the ILEEN Advisory Policy
				  Committee, obtain State Police concurrence as demonstrated by a "Concurrence
				  Form" properly completed, and who agree that the frequency will be used solely
				  for the purpose intended.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 3 - Indiana Law Enforcement Emergency Network-Administration › Section 3-3 - Authorization of federal communications commission; advisory policy committee; duties; objective

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-2-10
Sec. 3.
(1)
				Participating agencies must obtain Federal Communications Commission
				authorization by modification of their present FCC license or obtaining a new
				license for the frequency. Each agency can do this by submission of the proper
				forms to the Federal Communications Commission. The "Concurrence Form",
				properly completed, must accompany the forms submitted to the FCC. It is also
				necessary to include a cover letter attesting to the fact that operation will
				be under the State plan. This will eliminate the need and delay of frequency
				coordination.
(2) The ILEEN
				Advisory Policy Committee (APC) will consist of nine members appointed by the
				Superintendent of the Indiana State Police, serving at his discretion. The
				committee will be composed of representatives from local, county, and state law
				enforcement. A representative of the Superintendent will serve as Chairman of
				the APC.
(3) The APC will serve in
				an advisory capacity to the Superintendent of the Indiana State Police on all
				matters relating to the operation of ILEEN.
(4) The APC will meet quarterly with
				additional meetings to be called by the Chairman as he deems necessary.
				Meetings may be requested by a petition of at least half the members of the APC
				(5). Such meetings will be scheduled at the convenience of the
				Chairman.
(5) The Advisory Policy
				Committee shall monitor all facets of the operation of ILEEN and report its
				findings in all such matters to the Superintendent through the Committee
				Chairman.
(6) The objective of the
				Advisory Policy Committee will be to assist each participating agency and the
				Superintendent of the Indiana State Police in making ILEEN the efficient law
				enforcement tool it is intended to be. This may only be achieved through the
				input, cooperation, and assistance of each participating agency.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 4 - Indiana Law Enforcement Emergency Network-Operational Procedures › Section 4-1 - Operational procedures

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-2-10
Sec. 1.
(A) General.
				The use of ILEEN will be confined to police related activity requiring
				emergency communication for police mobile units that individual agencies
				regular police radio facilities could not provide.
(B) Allowable Communications.
(1) Emergency
Those communications requiring coordination and cooperation
				  of mobile units during riots, disasters, etc., or in effecting the apprehension
				  of a person or persons suspected of being involved in a recently committed
				  crime and who are leaving, or believed to be leaving, the jurisdiction of the
				  police unit in pursuit. When such an emergency occurs and the operator of the
				  mobile unit elects to use ILEEN, assistance shall be called for in the
				  following manner.
(A) Initial Call
The message must contain enough information so that the
				  listening units can determine whether they can or can not be of
				  assistance.
EXAMPLE:
ILEEN, Vigo County 21 enroute South on U.S. 41 approaching
				  Farmersburg in pursuit.
(B)
				Answer
A unit hearing the initial call and being in position to
				  assist will answer.
EXAMPLE:
Vigo County 17 on U.S. 41 at Shelburn.
(C) After contact has been established, the
				remainder of the communications will be handled following proper police radio
				procedures excluding the use of any signal or code. When several units are
				involved in an activity, caution will be exercised so as not to overload the
				frequency. This will be implemented by transmitting only when the involved
				units have pertinent information or when they need information to properly
				participate.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 5 - COMMUNICATION SYSTEMS › Rule 5 - Indiana Law Enforcement Emergency Network-System Violation Reports › Section 5-1 - Reporting system violations; form

Current through July 10, 2024
Authority: IC 10-11-2-10
Affected: IC 10-11-2-10
Sec. 1.
(A)
				Reporting. One of the major objectives of the ILEEN Committee is to maintain a
				high level of performance on the ILEEN System. ILEEN is a system for all
				Indiana police agencies and each person involved should be interested in its
				integrity. So it behooves any agency or officer observing or overhearing an
				infraction to report the incident when it occurs in order to protect the
				integrity of the system and eliminate continued violations.
To assist in this area, an "ILEEN System Violation Report
				  Form" was developed and is to be completed as follows:
1. Violation Date-Include month, day, and
				year.
Time-List time a.m. or p.m., and time zone.
2. Agencies Involved-List agencies involved
				by full name.
3. Car Identifiers
Involved-List actual car numbers of all units that were
				  involved.
4. Violation
				Details-Be specific and list all pertinent details as to what transpired or was
				said, word for word if known. Use back of sheet if more space is
				needed.
5. Signature; Agency,
Date-The form is to be signed by the reporting individual
				  along with the agency name and date. Once completed, the form is to be mailed
				  to the following address:
Superintendent, Indiana State Police
Attn ILEEN Advisory Committee
Indiana State Police
100 North Senate Avenue
Indianapolis, IN 46204
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 6 - CRIMINAL HISTORY RECORD INFORMATION › Rule 1.1 - Criminal History Record Information › Section 1.1-1 - Applicability of rule

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-3
Affected: IC 4-1-6; IC 5-14-3
Sec. 1.
The following rules and regulations
[ 240 IAC 6-1.1
				  ]
, when promulgated, shall govern the collection, release and review
				  of criminal history record information from the central repository of the
				  Indiana state police department.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 6 - CRIMINAL HISTORY RECORD INFORMATION › Rule 1.1 - Criminal History Record Information › Section 1.1-2 - Definitions

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-3
Affected: IC 4-1-6; IC 5-14-3
Sec. 2.
(a) "Criminal
				justice agency" for these purposes shall mean:
(1) Courts
(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. Included in this
				definition are the following:
(A) enforcement
				officers
(B) prosecutors
(C) authorized probation officers
(D) correctional institutions
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 6 - CRIMINAL HISTORY RECORD INFORMATION › Rule 1.1 - Criminal History Record Information › Section 1.1-3 - Collection and release of information

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-3
Affected: IC 4-1-6; IC 5-14-3
Sec. 3.
(a) The
				department or any other criminal justice agency may provide criminal history
				record information to, or receive criminal history record information from, any
				other criminal justice agency as follows:
(1)
				Upon promulgation of these rules and regulations
[ 240 IAC 6-1.1
				]
, no criminal history record information shall be released by the
				department to any noncriminal justice organization or individual except as
				permitted by these regulations
[ 240 IAC 6-1.1 ]
, federal and
				state statute, court order, executive order, or pursuant to a specific user
				agreement.
(2) The department may
				maintain an authorized dissemination list, of all persons and/or agencies
				authorized to receive criminal history record information.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 6 - CRIMINAL HISTORY RECORD INFORMATION › Rule 1.1 - Criminal History Record Information › Section 1.1-4 - Contents of records

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-3
Affected: IC 4-1-6; IC 5-14-3
Sec. 4.
(a) Content
				of criminal history record information shall be confined to the following:
(1) Criminal history record information shall
				be understood to be confined to that generally contained in "rap sheets". That
				is to say, such information shall be confined to a recording of personal
				identifying facts based on fingerprints and of the results of an arrested
				individuals movement through the various formal stages of the criminal justice
				process, from arrest through trial, if any, disposition and release.
(2) The following rules apply to criminal
				history record information:
(A) Individual
				record information entered in a persons file shall be relevant to the purpose
				for which the file was created.
(B)
				Misdemeanors, other than selected Class A's, drunk, and traffic records where
				the case did not result in imprisonment or probation supervision shall not be
				entered in criminal history record files, though may be kept in a noncriminal
				history file, unless a second or subsequent conviction would result in a felony
				violation.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 6 - CRIMINAL HISTORY RECORD INFORMATION › Rule 1.1 - Criminal History Record Information › Section 1.1-6 - Challenge of information; review by hearing committee

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-3
Affected: IC 4-1-6; IC 5-14-3
Sec. 6.
(a) Any
				person who believes that criminal history record information which refers to
				him is inaccurate, or incomplete, must request the originating criminal justice
				agency in this state to modify, or supplement that information. Should the
				originating department be the Indiana state police and should the Indiana state
				police decline or fail to act, or should the individual believe a decision
				pertaining to his criminal history to be otherwise unsatisfactory, the
				individual may request review by the hearing committee.
(1) The hearing committee shall consist of a
				chairman, and two other members appointed by the superintendent of state police
				from within that department.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 6 - CRIMINAL HISTORY RECORD INFORMATION › Rule 1.1 - Criminal History Record Information › Section 1.1-7 - Appeals from hearing committee

Current through July 10, 2024
Authority: IC 10-11-2-10; IC 10-13-3
Affected: IC 4-1-6; IC 4-21.5; IC 5-14-3
Sec. 7.
(a) Should
				the individual or department with custody or control of the information in
				question believe the findings or conclusions of the committee to be
				unsatisfactory, the individual or department must seek relief from the civil
				courts in this state in accordance with procedures outlined in the
				Administrative Adjudication Act, IC 4-22-1
[Repealed by P.L. 18-1986,
				SECTION 2. See IC 4-21.5.]
.
(b) Where the final disposition of a request
				includes an order that criminal history record information be modified, or
				supplemented, that order shall be promptly communicated by the committee to the
				department who will take the appropriate action. The department shall in each
				such case promptly transmit the terms of the order to all criminal justice
				agencies within this state to which that criminal history record information
				has previously been disseminated. Upon request, the individual will be provided
				a list of all noncriminal justice agencies to which this information has been
				disseminated.
(c) Records
				challenged under the provisions of these regulations
[ 240 IAC 6-1.1 ]
shall be deemed to be accurate, complete and valid until otherwise
				ordered by the committee or until adjudicated by a court of law.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 7 - POLYGRAPH EXAMINERS › Rule 1 - Certification › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 25-30-2-2
Affected: IC 25-30-2
Sec. 1.
All terms defined in the regulation of polygraph examiners,
				  IC 25-30-2, shall have the same meaning when used in these rules and
				  regulations
[240 IAC 7]
.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 7 - POLYGRAPH EXAMINERS › Rule 1 - Certification › Section 1-2 - Forms

Current through July 10, 2024
Authority: IC 25-30-2-2
Affected: IC 25-30-2
Sec. 2.
(a)
				Application form. All applications for certification of polygraph examiners
				shall be submitted on a form as prescribed by the superintendent. The
				application form shall be completed in full by all individual
				applicants.
(b) Certification form.
				The certification form, when issued, shall be in a form as prescribed by the
				superintendent and no other.
(c)
				Pocket card. The pocket card, issued to each certified polygraph examiner,
				shall be in the form as prescribed by the superintendent and no other.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 7 - POLYGRAPH EXAMINERS › Rule 1 - Certification › Section 1-3 - Experience requirements

Current through July 10, 2024
Authority: IC 25-30-2-2
Affected: IC 25-30-2
Sec. 3.
Applicant must show proof of successful completion of an
				  accredited polygraph school or show proof of satisfactory completion of at
				  least 100 criminal case examinations or at least 200 non-criminal case
				  examinations.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 7 - POLYGRAPH EXAMINERS › Rule 1 - Certification › Section 1-4 - Felon denied certification

Current through July 10, 2024
Authority: IC 25-30-2-2
Affected: IC 25-30-2
Sec. 4.
A polygraph examiner's certificate will not be issued to any
				  one who has been convicted of a felony under the statutes of the state of
				  Indiana.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 7 - POLYGRAPH EXAMINERS › Rule 1 - Certification › Section 1-5 - Nonresident applicants

Current through July 10, 2024
Authority: IC 25-30-2-2
Affected: IC 25-30-2
Sec. 5.
All non-resident applicants shall furnish to the
				  superintendent of the Indiana state police all forms required under the
				  regulation of polygraph examiners, IC 25-30-2 or these rules and regulations
[240 IAC 7]
.
Indiana Administrative Code › Title 240 - STATE POLICE DEPARTMENT › Article 7 - POLYGRAPH EXAMINERS › Rule 1 - Certification › Section 1-6 - Fees; validity of certificate

Current through July 10, 2024
Authority: IC 25-30-2-2
Affected: IC 25-30-2
Sec. 6.
(a) The fee
				for processing a certification of polygraph examiner will be ten dollars
				($10).
(b) The certificate will be
				valid for the lifetime of the applicant unless revoked for cause by the
				superintendent of the Indiana state police.