Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 40 - Law Information Network of Kentucky › Section 502 KAR 40:030 - Criminal justice information exchange user agreement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.130
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.080 provides that
				the commissioner may establish rules and administrative regulations for the
				government and operation of the Department of State Police. KRS 16.130 mandates
				that the commissioner shall cooperate with criminal justice agencies by
				exchanging criminal justice information. This administrative regulation
				establishes criteria for the exchange of criminal justice information via the
				LINK system by those criminal justice agencies within the Commonwealth of
				Kentucky by means of a criminal justice information exchange user agreement
				contract.
Section 1. All criminal
			 justice terminal agencies within the Commonwealth of Kentucky that participate
			 in the LINK system shall enter into a user agreement with the Department of
			 State Police as prescribed by the commissioner. (A copy of the user agreement
			 is available from the Kentucky State Police Records Section, Louisville Road,
			 Frankfort, Kentucky 40601.) (See Appendix A.)
APPENDIX A
CRIMINAL HISTORY RECORD INFORMATION
EXCHANGE AGREEMENT
BETWEEN
_________________________________________________
AND
_________________________________________________
This agreement, made and entered into this _____ day of ____,
				19___ by and between ____________ , a terminal agency of a communications
				system, hereinafter referred to as LINK and _____ , a nonterminal agency,
				hereinafter referred to as Satellite Agency.
PURPOSE OF AGREEMENT:
The Terminal Agency agrees to furnish the Satellite Agency such
				criminal record information as is available in the Kentucky State Police
				computerized Criminal Justice Information System files and further agrees to
				furnish such criminal record information as is available in the FBI National
				Crime Information Center (NCIC) Computerized Criminal History files, Interstate
				Identification Index data base and National Law Enforcement Telecommunication
				System.
DISCIPLINE:
The Satellite Agency agrees to abide by all present rules,
				policies and procedures which regulate the collection, storage and
				dissemination of criminal record information. In addition, Satellite Agency
				agrees to abide by any rules, policies and procedures which have or may be
				adopted which regulate the collection, storage and dissemination of criminal
				record information. Further, the Satellite Agency agrees to comply with the
				National Crime Information Center (NCIC) and National Law Enforcement
				Telecommunication System (NLET) rules, policies and procedures which are
				incorporated by reference into this agreement.
The Kentucky State Police and the Terminal Agency each reserve
				the right to immediately suspend furnishing any information provided for in
				this agreement to the Satellite Agency when any state or federal law, rule,
				policy or procedure regulating the collection, storage and dissemination of
				criminal record information is violated or appears to have been violated. The
				Kentucky State Police and the Terminal Agency may jointly, at its discretion,
				reinstate the Satellite Agency privileges when violations are resolved
				satisfactorily.
SECURITY AND PRIVACY:
The Satellite Agency agrees to maintain logs and dissemination
				records which identify individuals and agencies requesting criminal record
				information and the purpose of each request. Also, the logs and dissemination
				records shall include times and dates of each request plus information which
				identifies the particular record requested. Such logs and records shall be
				subject to audit by the Terminal Agency, the Kentucky State Police and/or FBI
				National Crime Information Center Staff.
PROVISIONS:
The Satellite Agency agrees to indemnify and save harmless the
				Terminal Agency, the Kentucky State Police, administrator of LINK; its
				officials and employees from and against any and all claims, demands, actions,
				suits and proceedings by others arising out of false arrest, imprisonment, or
				any cause of action brought about by negligence on the part of the Satellite
				Agency in the exercise or enjoyment of this agreement.
AGREEMENT PERIOD:
This agreement is effective through the _____ day of _____ ,
				19___ at which time the agreement may be renewed upon agreement of the
				parties.
In WITNESS WHEREOF, the parties hereto caused this Agreement to
				be executed by authorized officials and officers.
Terminal Agency:
BY:
TITLE: (Chief Law Enforcement Official)
DATE:
BY:
TITLE: (Chief Executive Officer of Governmental Entity)
				(i.e.,
County Judge-Executive, Mayor, etc.)
DATE:
Satellite Agency:
BY:
TITLE: (Chief Law Enforcement Official)
DATE:
BY:
TITLE: (Chief Executive Officer of Governmental Entity)
				(i.e.,
County Judge-Executive, Mayor, etc.)
DATE:
APPROVED: (Commissioner), Kentucky State Police, 919 Versailles
				Road, Frankfort, Kentucky 40601.
STATUTORY AUTHORITY: KRS 16.060, 16.080,
				  16.130