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 3 - Introductory Information › Section III-317 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Administration of Criminal Justice
-
					 performance of any of the following activities: detention, detection,
					 apprehension, pretrial release, post-trial release, prosecution, adjudication,
					 correctional supervision, or rehabilitation of accused persons or criminal
					 offenders. The administration of criminal justice shall include criminal
					 identification activities and the collection, storage, and dissemination of
					 criminal history record information.
Affected Agency
-
1. any criminal justice agency which was awarded Law
					 Enforcement Assistance Administration monies after July 1, 1973, for manual or
					 automated systems which collect, store, or disseminate criminal history record
					 information;
2. any criminal justice agency which is or becomes a
					 signatory to a user's agreement;
3. any noncriminal justice agency which is or becomes a
					 signatory to a user's agreement.
Central State Repository
- that collection
					 of criminal history record information within the Louisiana Department of
					 Public Safety, which is jointly collected, stored, and managed pursuant to
					 mutual agreement between the Division of State Police, Bureau of Criminal
					 Identification and the Louisiana Commission on Law Enforcement, Criminal
					 Justice Information System Division.
Criminal History Record Information
-
					 information collected by criminal justice agencies on individuals consisting of
					 identifiable descriptions and notations of arrests, detentions, indictments,
					 information, or other formal criminal charges, and any disposition arising
					 therefrom, sentencing, correctional supervision, and release. The term does not
					 include identification information such as fingerprint records to the extent
					 that such information does not indicate involvement of the individual in the
					 criminal justice system.
Criminal History Record Information System
- a system including the equipment, facilities, procedures,
					 agreements, and organizations, thereof, for the collection, processing,
					 preservation, or dissemination of criminal history record information.
Criminal Justice Agency
- only those
					 public agencies at all levels of government which perform as their primary
					 function activities relating to:
1. the apprehension, prosecution, adjudication, or
					 rehabilitation of criminal offenders;
2. the collection and analysis of crime statistics pursuant
					 to statutory authority;
3. the collection, storage, processing, dissemination, or
					 usage of information originating from agencies described in this Chapter.
Direct Access
- having the authority to
					 access the criminal history record data base, whether by manual or automated
					 methods.
Direct Access
- individual access to
					 personal criminal history record information contained in the manual or
					 automated files of an affected criminal justice agency, excepting the central
					 state repository, when such access is sought under the provisions of §705,
					 and the individual requesting access or his personal representative is
					 physically present at the place where the records are kept or at the office of
					 the custodian of the record sought.
Disposition
- proceedings have been
					 concluded, including information disclosing that the police have elected not to
					 refer a matter to a prosecutor or that a prosecutor has elected not to commence
					 criminal proceedings and also disclosing the nature of the termination in the
					 proceedings; or information disclosing that proceedings have been indefinitely
					 postponed. Dispositions shall include, but not be limited to: acquittal,
					 acquittal by reason of mental incompetence, case continued without finding,
					 charge dismissed, charge dismissed due to insanity, charge dismissed due to
					 mental incompetency, charge still pending due to insanity, charge still pending
					 due to mental incompetence, guilty plea, nolle prosequi, no paper, nolo
					 contendere plea, convicted, youthful offender determination, deceased, deferred
					 disposition, dismissed-civil action, found insane, found mentally incompetent,
					 pardoned, probation before conviction, sentence commuted, adjudication
					 withheld, mistrial-defendant discharged, placed on probation, paroled, or
					 released from correctional supervision.
Dissemination
- the release by
					 transmission of criminal history record information by an agency to another
					 agency or individual by oral, written, or electronic methods.
Dissemination Log
- an automated or manual
					 record of information relating to the individual or agency to which criminal
					 history record information has been disseminated. This record should contain
					 the following data elements: a tracking, serial, or identification number, the
					 agency or individual to whom criminal history record information is released,
					 the address of the agency or individual, the date of release or notification,
					 the individual to whom the information relates, the items of information
					 released and how finished, the original entry or correction, and the name of
					 the releasing official.
Eligible Noncriminal Justice Agency
- a
					 noncriminal justice agency, individual, or individuals having:
1. official authority, pursuant to a statute, executive
					 order, administrative rule, or court order;
2. formal authority, pursuant to a written agreement with a
					 criminal justice agency, to perform a service or function within the scope of
					 the legitimate activities of a criminal justice agency.
Executive Order
- an order of the
					 president of the United States or the chief executive of a state which has the
					 force of law and which is published in a manner permitting regular public
					 access thereto.
Personal Representative
- any person,
					 including, but not limited to legal counsel, who possesses a sworn
					 authorization empowering him to represent an individual in the viewing or
					 challenging of the authorizing individual's criminal history record
					 information.
Primarily Affected Agency
- any criminal
					 justice agency organized under the constitution or laws of the state of
					 Louisiana which was awarded Law Enforcement Assistance Administration monies
					 after July 1,1973, for manual or automated systems which collect, store, or
					 disseminate criminal history record information.
Secondarily Affected Agency
-
1. any criminal justice agency organized under the
					 constitution or laws of the state of Louisiana which is or becomes a signatory
					 to a user's agreement;
2. any noncriminal agency which is or becomes a signatory
					 to a user's agreement.
State
- any state of the United States,
					 the District of Columbia, the Commonwealth of Puerto Rico, and any territory or
					 possession of the United States.
Statute
- an act of Congress or state
					 legislature or a provision of the constitution of the United States or of a
					 state.
User's Agreement
- a written agreement
					 entered into by a certified criminal justice agency and/or a requesting
					 noncriminal justice agency and/or a criminal justice agency that has not
					 received LEAA funds for system support since July 1, 1973. The agreement shall
					 specify the basis of eligibility for receipt of criminal history records, and
					 an acknowledgment by the recipient agency that it is subject to the terms and
					 conditions of the Commission on Law Enforcement Privacy and Security
					 regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.