reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-907 - Privacy and Security Form Number 3

Current through Register Vol. 50, No. 6, June 20, 2024
A. If after viewing his individual criminal
				  history record, the individual wishes to challenge or request correction of
				  such record, he may do so by submitting to the criminal justice agency which
				  originated the challenged entries LCLE-Privacy and Security Form Number 3, a
				  complaint which shall contain particularized written exceptions to the criminal
				  history record's contents, completeness, or accuracy. The complaint shall
				  include an affirmance, signed by the individual or his legal representative,
				  that the exceptions are made in good faith and are true to the best of the
				  affiant's knowledge, information, and belief. A copy of the complaint shall be
				  forwarded to the LCLE Privacy and Security Committee. If, subsequent to
				  viewing, an individual who was not previously fingerprinted wishes to challenge
				  or correct his record, he must submit to fingerprinting so that it can be
				  absolutely assured that the challenging individual is the subject of the record
				  which he seeks to challenge or correct.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-909 - Privacy and Security Form Number 4

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within each affected criminal justice
				  agency, a review officer shall be designated as the person responsible for
				  receiving and processing complaints received under
				  §907 above.
				  Upon receipt of such complaints, each review officer shall, within 45 days,
				  conduct an audit of the individual's criminal history record to determine the
				  validity of the exceptions. The privacy and security committee and the
				  challenging individual or his legal representative shall be informed in writing
				  of the results of the audit within 15 days after such results are final.
				  LCLE-Privacy and Security Form Number 4 shall be used for this
				  purpose.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-911 - Alterations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Should the audit
				  referred to in
				  §909 disclose
				  inaccuracies or omissions in the information, the criminal justice agency shall
				  cause appropriate alterations or additions to be made to the information and
				  shall cause notice of such alterations or additions to be given to LCLE, the
				  individual involved, and to any other criminal justice agencies or private
				  organizations to which that individual's criminal history record information
				  has been disseminated within the previous 90 days, and in every instance the
				  central state repository shall be notified of the substance of the alteration
				  or addition.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-913 - Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the criminal
				  justice agency declines to modify or supplement the individual's criminal
				  history record in whole or in part, the individual or his legal representative
				  may require review of the criminal justice agency's decision by perfecting,
				  within 30 days of the mailing of the audit results, an appeal to the LCLE
				  Privacy and Security Committee. The privacy and security committee shall
				  appoint hearing officers to hear such appeals. Failure to timely perfect an
				  appeal shall bar subsequent challenges of that portion of the individual
				  criminal history record in controversy.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-915 - Privacy and Security Form Number 5

Current through Register Vol. 50, No. 6, June 20, 2024
A. Appeals shall be perfected upon actual
				  delivery to the privacy and security committee of a petition for review. The
				  petition for review shall be signed and in writing and shall include a concise
				  statement of the alleged deficiencies or inaccuracies of the individual's
				  criminal history record, shall state the date and result of any review by the
				  criminal justice agency, and shall be accompanied by a sworn verification of
				  the facts alleged in the petition for review. LCLE-Privacy and Security Form
				  Number 5 may be used for perfecting the appeal.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-917 - Review Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt
				  of the petition for review, the hearing officer shall docket the case and
				  notify the criminal justice agency and the individual or his legal
				  representative of the time, place, and nature of the hearing; the legal
				  authority and jurisdiction under which the hearing is to be held; the
				  particular statutes, rules, and regulations involved; the nature of the matters
				  asserted in the petition for appeal. Both the individual and the criminal
				  justice agency shall have adequate opportunity to respond and present evidence
				  on all issues of fact involved and argument on all issues of law and policy
				  involved and to conduct such cross-examination as may be required for a full
				  and true disclosure of the facts.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-919 - Louisiana Administrative Procedure Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rules of evidence, oaths and affirmations,
				  subpoenas, depositions and discovery, confidential privileged information,
				  examination of evidence by agency, decisions and orders, rehearings, ex parte
				  consultations and recusations, judicial review and other such matters shall be
				  governed by the provisions of the Louisiana Administrative Procedure Act,
				  R.S.
				  49:950 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:1204,
					 R.S.
					 15:1207 and
					 R.S.
					 49:950 et
					 seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-921 - Record

Current through Register Vol. 50, No. 6, June 20, 2024
A. A record of all
				  proceedings shall be preserved and provided as required by
				  R.S.
				  49:955(E) and (F).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:1204,
					 R.S.
					 15:1207 and
					 R.S.
					 49:955.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-923 - Privacy and Security Form Number 6

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parties shall be entitled to notice of the
				  final decision of the hearing officer, LCLE-Privacy and Security Form Number 6
				  may be used by the hearing officer to direct such notice to the
				  parties.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-925 - Petition; Bond ; Timing

Current through Register Vol. 50, No. 6, June 20, 2024
A. If, after
				  receiving notice of the decision or order of the hearing office, the individual
				  or the involved criminal justice agency is reasonably convinced that grounds
				  exist in the record for reversal or modification of the hearing officer's
				  decision or order, a petition for review accompanied by a bond (set by the
				  hearing officer) sufficient to pay the cost of transcribing the record, may be
				  submitted within 30 days to the privacy and security committee. Failure to so
				  petition shall bar subsequent challenges of that portion of the individual
				  criminal history record contested.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-927 - Petition and Argument

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  petition for review, accompanied by adequate bond for transcription costs, is
				  timely submitted to the privacy and security committee, copies of the petition
				  for review shall be sent to three members of the privacy and security
				  committee, such members being selected on a rotating basis. Within 14 days of
				  submission of the petition for review, the same three members shall decide by
				  personal or telephonic vote whether full review is denied, the petitioning part
				  may pursue rights of judicial review granted under R.S. 49:964. If full review
				  is granted, the record shall be transcribed and circulated among at least seven
				  members of the privacy and security committee. A time and date, within 30 days
				  of transcription of the record, shall be set for the presentation of written or
				  oral argument to a quorum of at least five of the seven privacy and security
				  members who have read the transcribed record.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:1204,
					 R.S.
					 15:1207 and R.S.
					 49:964.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-929 - Decisions, Orders, Rehearings, Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Decisions, orders, rehearings, and appeals
				  from decisions or orders of the privacy and security committee shall be in
				  accordance with
				  §919 and
				  §923
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-931 - Writs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The privacy and
				  security committee is hereby authorized to seek writs of mandamus or injunction
				  to enforce final, nonappealable orders and decisions of the committee and the
				  hearing officers.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-933 - Challenges; Accuracy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Individual
				  criminal history records challenged under the provisions of this regulation
				  shall be deemed to be accurate, complete, and valid until otherwise
				  ordered.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-935 - Dissemination of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				  final determination that the content of an individual criminal history record
				  is inaccurate or incomplete, the affected agency which originated the
				  inaccurate or incomplete entry shall provide the individual or his legal
				  representative with a list of the noncriminal justice agencies to which the
				  inaccurate or incomplete criminal history record information has been
				  disseminated within a 90 day period immediately preceding the final disposition
				  of the challenge.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 11 - Completeness and Accuracy › Section III-1101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  purpose of this regulation to establish minimum standards for reporting
				  criminal dispositions and updating criminal history records to include such
				  dispositions. It is intended that this regulation supplement and reinforce the
				  LCJIS Complete Disposition Reporting System. Because inaccurate or incomplete
				  criminal history record information presents a serious danger to individual
				  rights of privacy and due process, every criminal justice agency should strive
				  to maintain accurate, up-to-date criminal history records.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 11 - Completeness and Accuracy › Section III-1103 - Reporting Dispositions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  affected agency shall report dispositions (as defined in §317) which occur
				  as a result of a transaction initiated by such agency within 90 days of the
				  occurrence of the disposition. Dispositions shall be reported as required by
				  the Louisiana Criminal Justice Information System.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 11 - Completeness and Accuracy › Section III-1105 - Louisiana Criminal Justice Information System

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every affected agency shall establish
				  procedures for updating criminal history records using disposition data which
				  shall be distributed by the Louisiana Criminal Justice Information
				  System.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 11 - Completeness and Accuracy › Section III-1107 - Minimal External Search

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  affected agency shall establish procedures providing for a minimal external
				  search for a disposition prior to disseminating criminal history record
				  information relative to a specific arrest or charge when it appears from the
				  nature of the arrest or charge that a disposition should have occurred, and
				  none is noted in the record.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 13 - Dissemination and Correction of Records and the Maintenance of Logs › Section III-1301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  purpose of this regulation to provide direction and guidance concerning the
				  control of dissemination and correction of criminal history record information
				  (CHRI) to individuals or agencies as required by the federal regulations (Title
				  28), through the maintenance of certain logs, and to provide a vehicle for
				  correcting erroneous information. Since dissemination records are viewed by the
				  regulations as a key restraint on erroneous dissemination, a deterrent to the
				  illegal use of information disseminated and a supporting document to quality
				  assurance audit trails (Chapter 15), the maintenance of logs is
				  mandatory.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 13 - Dissemination and Correction of Records and the Maintenance of Logs › Section III-1303 - Dissemination of Criminal History Record Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. These regulations impose no restrictions
				  on the dissemination of CHRI where the court transactions or dispositions have
				  included a conviction or convictions. However, where CHRI contains
				  nonconviction data, i.e., where records contain arrest data, citation, summons,
				  or bill(s) of information which have not resulted in a conviction or guilty
				  plea, and acquittals; dismissals; information that a matter was not referred
				  for prosecution, that the prosecutor has not commenced criminal proceedings,
				  that proceedings have been indefinitely postponed; and records of arrest
				  unaccompanied by disposition that are more than one year old and in which no
				  prosecution is actively pending, these regulations now impose restrictions
				  against dissemination of that portion of CHRI containing nonconviction data to
				  noncriminal justice agencies not otherwise permitted access to such information
				  by state statute. (§1305. B and §1309)
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 13 - Dissemination and Correction of Records and the Maintenance of Logs › Section III-1305 - Nonconviction Data

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nonconviction
				  data may only be disseminated to:
1. criminal
				  justice agencies for criminal justice activity and employment;
2. public and private agencies authorized by
				  state and federal statute, executive order, local ordinance or court decision
				  (see §1309);
3. individuals
				  and agencies pursuant to a specific agreement with a criminal justice agency to
				  provide criminal justice services (e.g., consultants);
4. individuals and agencies engaged in
				  research, evaluative or statistical activities.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 13 - Dissemination and Correction of Records and the Maintenance of Logs › Section III-1307 - Access, Review, Challenge, Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing in this regulation abrogates the
				  right of individuals (or their authorized representatives) to access, review,
				  challenge, or appeal criminal history information about themselves as provided
				  for in Chapter 7 and Chapter 9.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 13 - Dissemination and Correction of Records and the Maintenance of Logs › Section III-1309 - Copies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				  application, the central state repository (Bureau of Criminal Identification)
				  may furnish a copy of all information available pertaining to the
				  identification and history of any person or persons of whom the bureau has a
				  record or any other necessary information to any federal, state, or local
				  government regulatory, investigative, licensing, or bonding agencies which may
				  require fingerprinting, in connection with their authorized duties, functions
				  and powers.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 13 - Dissemination and Correction of Records and the Maintenance of Logs › Section III-1311 - Logging; Privacy and Security Form Number 8

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to maintain accountability over
				  the full scale of collection, storage, and dissemination of CHRI, dissemination
				  transactions records in the form of a log shall be kept by each criminal
				  justice agency. The logging is required both to support the audit process and
				  as a means of correcting erroneous dissemination. Logs may be kept as shown on
				  LCLE Privacy and Security Form Number 8 but must, as a minimum, contain the
				  following data elements:
1. a tracking,
				  serial, or identification number in order to provide positive identification
				  linkage between CHRI disseminated and the record from which
				  extracted;
2. agency or individual
				  to which or whom CHRI released;
3.
				  address of agency or individual;
4.
				  date of release or notification;
5.
				  individual to whom information relates;
6. items of information released and how
				  furnished (i.e., copy provided, written out by hand, mailed, teletype or
				  computer terminal printout);
7.
				  original entry or correction (indicate "O" or "C" as appropriate);
8. releasing official.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 13 - Dissemination and Correction of Records and the Maintenance of Logs › Section III-1313 - Correction Record and the Dissemination Log

Current through Register Vol. 50, No. 6, June 20, 2024
A. Since identification of agencies or
				  individuals receiving erroneous CHRI is possible from the dissemination log and
				  since federal regulations require notification of each recipient of inaccurate
				  or erroneous CHRI (unless it falls outside of the 90 day limit specified in
				  §911) a corrections record will also be kept using the dissemination log.
				  The minimum data elements for a correction entry are essentially similar to
				  those specified for a dissemination entry. The tracking or serial number will
				  be identical to the identification number provided for the original information
				  on the dissemination log. The log page number of the original entry will be
				  placed next to the "C" in the "Original or Correction" column of the log in
				  order to maintain audit trail continuity.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 13 - Dissemination and Correction of Records and the Maintenance of Logs › Section III-1315 - Log Period; Verification

Current through Register Vol. 50, No. 6, June 20, 2024
A. All logs
				  are to be preserved for a period of not less than one year from the earliest
				  date of release of information or notification of correction. Logs will be made
				  available for audit and verification of compliance with the regulations by the
				  commission, the privacy and security committee or their designated staff
				  members at such time as they may require.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 13 - Dissemination and Correction of Records and the Maintenance of Logs › Section III-1317 - No Record; No Logging

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a
				  response to an inquiry is "No Record" or essentially negative, no logging of
				  the response is required.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 13 - Dissemination and Correction of Records and the Maintenance of Logs › Section III-1319 - Transmission of Hardcopy

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Corrections to records shall be forwarded in hardcopy form such as letter,
				  teletype, or computer terminal printout within 14 days after determining
				  erroneous information has been disseminated. If the original dissemination is
				  older than 90 days and the 90 day record maintenance notification has been
				  imposed, and a correction is indicated, the correction should be made but need
				  not be transmitted, except to the central state repository.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 15 - Audits and Quality Control › Section III-1501 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  purpose of this regulation to interpret the requirements of the federal
				  regulations as they pertain to:
1. the
				  quality of the information the criminal justice agencies collect, store, and
				  disseminate; and
2. the systematic
				  and annual audits to be performed in order to verify adherence to the privacy
				  and security regulations.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 15 - Audits and Quality Control › Section III-1503 - Quality Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  quality of information which the criminal justice agencies collect and use is
				  an important privacy consideration. Quality information issues usually fall
				  into one or both of two categories; namely, completeness and/or accuracy.
				  Achieving high quality record information is largely a matter of good
				  procedures; it requires a rigorous, systematic approach to record-keeping and a
				  high degree of cooperation among the participating agencies. Agencies shall
				  therefore, institute procedures which implement these requirements.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 15 - Audits and Quality Control › Section III-1505 - Written Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Agencies
				  shall likewise develop written procedures which comply with the basic
				  provisions of Chapter 11.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 15 - Audits and Quality Control › Section III-1507 - Quality Assurance Audits

Current through Register Vol. 50, No. 6, June 20, 2024
A. There
				  are basically two types of quality assurance audits required periodically. The
				  systematic audit is required of an agency which collects, maintains and
				  disseminates CHRI as a means of minimizing errors or omissions in the
				  completeness and accuracy of the records. This audit is actually a quality
				  control mechanism and will usually be performed on a periodic and regular basis
				  by the agency itself. In contrast, the annual audit is an examination by an
				  outside agency of the extent to which an agency is complying with the
				  regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 15 - Audits and Quality Control › Section III-1509 - Systematic Audit; Privacy and Security Form Number 9

Current through Register Vol. 50, No. 6, June 20, 2024
A. The systematic audit refers to a
				  combination of systems and procedures employed both to ensure, to the extent
				  possible, completeness and to verify accuracy. The systematic audit is also an
				  internal procedure which basically provides for a comparison between CHRI and
				  source documents or reporting forms, as appropriate, in order to check accuracy
				  and completeness. In addition, this audit provides for an inspection of an
				  agency's systematic record keeping practices. Accordingly, agencies shall
				  implement a systematic audit procedure in accordance with the guidelines
				  furnished by the Louisiana Criminal Justice Information System (LCJIS) staff
				  and utilizing LCLE-Privacy and Security Form Number 9 (Agency Systematic Audit
				  Checkoff List).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 15 - Audits and Quality Control › Section III-1511 - Random Sampling

Current through Register Vol. 50, No. 6, June 20, 2024
A. The annual
				  audit will be performed on a random sample of all affected agencies in the
				  state. All affected agencies must fully cooperate in the conduct of the annual
				  audit.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 15 - Audits and Quality Control › Section III-1513 - Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. LCJIS shall
				  audit, on a periodic basis, a random sampling of agencies to provide
				  statistically significant examinations of the accuracy and completeness of data
				  maintained and to verify adherence to the regulations. Sampling and detailed
				  audit procedures will be as indicated in LCJIS furnished guidelines and
				  implementing directives.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 15 - Audits and Quality Control › Section III-1515 - Annual Audit

Current through Register Vol. 50, No. 6, June 20, 2024
A. The annual audit
				  will be performed by members of the LCJIS staff who are familiar with the
				  agencies and the requirements of the regulations. Agencies to be audited will
				  be given a minimum of 30 days written notice prior to an annual audit being
				  conducted. On conclusion of the annual audit, the staff will give the agency an
				  oral debriefing and subsequently, within 30 days, a written, formal critique
				  highlighting deficiencies and recommending corrective action. Field agents
				  making regular, subsequent visits will verify corrective action
				  taken.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 15 - Audits and Quality Control › Section III-1517 - Documentation

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the time of
				  the audit, the audited agency will have ready to present to the audit team such
				  documentation as may be required by LCJIS, including but not limited to:
1. evidence of procedural compliance
				  including security;
2. copies of
				  systematic audits performed;
3.
				  source records as may be requested;
4. dissemination logs;
5. rights of access, appeals, and
				  certification forms.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 15 - Audits and Quality Control › Section III-1519 - Correction of Deficiencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Audited
				  agencies with serious deficiencies as indicated in the formal critique must
				  correct these deficiencies and will render written, corrective action reports
				  to LCJIS monthly until the deficiency is eliminated.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 17 - Security of Criminal History Information › Section III-1701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  purpose of this regulation to establish minimum standards governing the
				  achievement and maintenance of physical security, personnel security and
				  programming security within agencies maintaining criminal history
				  records.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 17 - Security of Criminal History Information › Section III-1703 - Environmental Hazards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Affected
				  agencies shall institute procedures for the protection of criminal history
				  record from environmental hazards including fire, flood, and power failure.
				  Appropriate measures may include: adequate fire detection and quenching
				  systems, protection against water and smoke damage, fire resistant materials on
				  walls and floors, air conditioning systems, emergency power sources, and backup
				  files.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 17 - Security of Criminal History Information › Section III-1705 - Security Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Affected
				  agencies shall adopt security procedures which limit access to criminal history
				  files. These procedures may include use of guards, badges, keys, passwords,
				  sign-in logs or similar controls. Facilities housing criminal history record
				  shall be so designed and constructed as to reduce the possibility of physical
				  damage to the records. Appropriate measures may include physical damage to the
				  records. Appropriate measures may include physical limitations on access,
				  security storage for information media, adequate lighting, detection and
				  warning devices, perimeter barriers, heavy-duty, nonexposed walls and closed
				  circuit television.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 17 - Security of Criminal History Information › Section III-1707 - Investigation of Applicants

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicants for employment and those presently employed in the maintenance of
				  criminal history records shall consent to an investigation of their character,
				  habits, previous employment, and other matters necessary to establish their
				  good moral character, reputation, and honesty. Giving false information shall
				  disqualify an applicant from employment and subject a present employee to
				  dismissal.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 17 - Security of Criminal History Information › Section III-1709 - Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Investigations
				  should be conducted in such a manner as to provide sufficient information to
				  enable the appropriate officials to determine employability and fitness of
				  persons entering sensitive positions. Investigations of applicants should be
				  conducted on a preemployment basis and the resulting reports used as a
				  personnel selection device.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 17 - Security of Criminal History Information › Section III-1711 - Security Clearances

Current through Register Vol. 50, No. 6, June 20, 2024
A. Systems
				  personnel including terminal operators in remote locations, as well as
				  programmers, computer operators, and others working at or near the central
				  processor, shall be assigned appropriate security clearances and should have
				  those clearances renewed periodically after investigation and review.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 17 - Security of Criminal History Information › Section III-1713 - Security Manual

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  affected agency should prepare a security manual which delineates procedures
				  for granting clearances for access to criminal history information as well as
				  areas where criminal history data is maintained. Each person working with or
				  having access to this information should know the contents of the
				  manual.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 17 - Security of Criminal History Information › Section III-1715 - Sanctions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The management
				  of each affected agency should establish sanctions for accidental or
				  intentional violation of system security standards. Supervisory personnel
				  should be delegated adequate authority and responsibility to enforce these
				  standards.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 17 - Security of Criminal History Information › Section III-1717 - Disciplinary Measures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  violation of the provisions of these standards by any employee or officer of
				  any public agency, in addition to any applicable criminal or civil penalties,
				  shall be punished by the imposition of appropriate disciplinary
				  measures.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 17 - Security of Criminal History Information › Section III-1719 - Willful or Repeated Violation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Where any affected agency is found by the Louisiana privacy and security
				  committee to have willfully or repeatedly violated the requirements of this
				  standard, the committee may prohibit the dissemination of criminal history
				  record information to that agency for such periods and such conditions as the
				  committee deems appropriate.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.