reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.09 - Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each criminal justice agency or CHRI repository shall report CHRI to the Central Repository in accordance with Criminal Procedure Article, §
									10-215, Annotated Code of Maryland, and the following:
(1) Information concerning an arrest or the issuance of an arrest warrant shall be reported within 72 hours after the arrest is made or the warrant is issued; and
(2) Information concerning another reportable event not included under §A(1) of this regulation shall be reported within 60 days after the date of the reportable event.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.09-1 - Fingerprint Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fingerprint cards for each juvenile and adult arrested shall be submitted to the CJIS Central Repository within 72 hours of the arrest.
B. Adults who have been arrested shall be fingerprinted on an arrest fingerprint card approved by the Director of the CJIS Central Repository and on an arrest fingerprint card approved by the Director of the Federal Bureau of Investigation.
C. A juvenile who has been arrested shall be fingerprinted on the arrest fingerprint card approved by the Director of the CJIS Central Repository.
D. The arresting agency or the agency responsible for processing an arrested individual shall complete and submit all available information on the fingerprint cards.
E. The Director of the CJIS Central Repository may authorize an agency to submit arrest information electronically, including fingerprint images, to the CJIS Central Repository instead of using the CJIS Central Repository fingerprint card set forth in B and C of this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.10 - Fingerprint Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fingerprints for each juvenile and adult arrested shall be submitted to the Central Repository within 72 hours of the arrest.
B. An adult who has been arrested shall be fingerprinted according to procedures approved by the Central Repository.
C. A juvenile who has been arrested shall be fingerprinted according to procedures approved by the Central Repository.
D. The arresting law enforcement agency or the agency responsible for processing an arrested individual shall complete and submit available information according to procedures approved by the Central Repository.
E. The Central Repository may authorize an agency to electronically submit arrest information and fingerprint images to the Central Repository.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.11 - Dissemination of CHRI - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository and a criminal justice agency shall collect, report, maintain, and disseminate CHRI in accordance with federal and State laws and regulations pursuant to Criminal Procedure Article, §
									10-221, Annotated Code of Maryland.
B. Noncriminal Justice Agency.
(1) Except under §A(2) of this regulation, only the Central Repository may disseminate CHRI to a noncriminal justice agency or individual.
(2) The Central Repository, through agreement with a criminal justice agency, may:
(a) Designate a criminal justice agency as a location where a noncriminal justice agency or individual may initiate a request for the Central Repository to provide CHRI for a noncriminal justice purpose.
(b) Authorize a criminal justice agency to disseminate to a noncriminal justice agency or individual CHRI maintained by the criminal justice agency.
(3) If a criminal justice agency is authorized to disseminate CHRI under §B(1) of this regulation, the criminal justice agency shall maintain a log of each recording in the log the:
(a) Date the request was made;
(b) Purpose of the request;
(c) CHRI disseminated;
(d) Person receiving the information; and
(e) Date the CHRI was disseminated.
(4) The Central Repository shall maintain a log recording:
(a) A criminal justice agency authorized to disseminate CHRI for noncriminal justice purposes; and
(b) The name of the agency or individual receiving the CHRI for noncriminal justice purposes from the authorized criminal justice agency.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.12 - Dissemination of CHRI - Criminal Justice Agency

Current through Register Vol. 51, No. 14, July 12, 2024
A. In accordance with requirements under Regulation .13B of this chapter, the Central Repository or a criminal justice agency shall disseminate CHRI to a criminal justice agency.
B. A criminal justice agency may request CHRI from the Central Repository or a criminal justice agency only if the CHRI is used:
(1) In the performance of the agency's function as a criminal justice agency; or
(2) For the purpose of hiring or retaining the criminal justice agency's employees.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.13 - Dissemination of CHRI - Noncriminal Justice Agency

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for provisions under §B of this regulation, the Central Repository may not disseminate to a noncriminal justice federal, State, or local government agency:
(1) Conviction CHRI, except:
(a) If the recipient of the CHRI is expressly authorized by statute, ordinance, executive order, or court rule, decision, or order to grant, deny, suspend, revoke, or terminate a license, employment, or other right or privilege; and
(b) If the statute, ordinance, order, or rule specifies the existence or nonexistence of a prior conviction or other criminal conduct as a condition to the grant, denial, suspension, revocation, or termination of the license, employment, right, or privilege.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.14 - Dissemination of CHRI - Private Party Petitioner

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise authorized under this chapter, the Central Repository may not disseminate to a private party petitioner the following:
(1) Conviction CHRI concerning current or prospective employees, occupants of leased real property, volunteers, or members of an association, except if the private party petitioner convincingly demonstrates to the Central Repository that the subject of the requested CHRI could, in the subject's status as an employee, occupant of the leased real property, volunteer, or member of the association, have the capability to:
(a) Jeopardize the life or safety of an individual;
(b) Cause significant loss or damage by illegally accessing or misusing the fiscal or nonfiscal assets of the employer, landlord, association or its members, or the public; or
(c) Otherwise engage or participate in criminal conduct in violation of State, local, and federal law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.15 - Fees - CHRI Checks for Noncriminal Justice Purposes

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person requesting CHRI, for noncriminal justice purposes, of CHRI maintained by the Central Repository shall submit a nonrefundable CHRI access fee of $18 with each request for an individual CHRI.
B. A nonrefundable fee to cover the costs of providing the requested CHRI shall be submitted with each request to access CHRI for research, evaluation, and statistical analysis for noncriminal justice purposes as defined in Regulation .13 of this chapter. The fee shall be comprised of costs, when applicable, for computer programming, computer processing, computer output media, handling, shipping, and other associated expenses based upon current rates.
C. Fingerprinting Service Fee.
(1) The Central Repository shall collect a nonrefundable fingerprinting service fee of $20 for each request for an individual CHRI.
(2) The Central Repository shall collect the fingerprinting service fee to cover the cost for Central Repository to collect demographic data about an applicant and perform fingerprinting for an applicant.
(3) The Central Repository shall collect the fingerprinting service fee only if the Central Repository collects the demographic data about the applicant and performs fingerprinting for an applicant.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.16 - Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository hereby incorporates by reference the specific federal regulations regarding security of CHRI under 28 CFR §
										20.20.
B. A criminal justice agency is responsible for reporting a breach of physical or operational security concerning CHRI to the Central Repository.
C. If there is a breach of the physical security of CHRI or a failure to meet physical security standards for CHRI required by federal or State statute or regulation or Central Repository procedures relating to the physical security of CHRI, the Central Repository shall ensure that the breach is corrected.
D. If there is a failure to comply with personnel policies relating to CHRI established by federal or State statute or regulation or Central Repository procedures relating to CHRI, the Central Repository shall ensure that the failure is corrected.
E. If there is a breach of the operational security of the Criminal Justice Information System as defined in Criminal Procedure Article, §
									10-201(e), Annotated Code of Maryland, or a failure to meet the operating security standards of federal or State statute or regulation or Central Repository procedures relating to the security of CJIS, the Central Repository shall ensure that this breach is corrected.
F. If the privacy or confidentiality of CHRI has been intentionally or inadvertently abused or the potential for abuse exists, the Central Repository shall ensure that the abuse or potential for abuse is corrected.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.17 - Auditing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Audit of CHRI.
(1) As required by applicable federal and State statutes and regulations, criminal justice agencies, CHRI repositories, and noncriminal justice agencies shall be audited by the Central Repository for compliance with applicable laws, regulations, and agreements related to the security, dissemination, completeness, and accuracy of CHRI.
(2) The Central Repository shall conduct audits of a random sample of State and local criminal justice agencies, CHRI repositories, and noncriminal justice agencies to ensure that CHRI is:
(a) Accurate and complete; and
(b) Collected, reported, and disseminated in accordance with the provisions of Criminal Procedure Article, Title 10, Subtitle 2, Annotated Code of Maryland.
(3) At a minimum, the audit shall evaluate compliance with applicable rules, regulations, agreements, and laws pertaining to physical, personal, and operational security, dissemination, completeness, and accuracy of CHRI.
(4) As required, other methods, procedures, and standards for auditing criminal justice agencies, CHRI repositories, and noncriminal justice agencies may be established by the Central Repository.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.18 - Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Agreements between the Central Repository and a criminal justice agency, CHRI repository, noncriminal justice agency, other agencies, private employers, organizations, and individuals shall incorporate the principles and requirements of applicable federal and State laws and regulations pertaining to the privacy, security, completeness, accuracy, and dissemination of CHRI.
B. An agreement shall be in writing and signed by the individual, agency, private employer, organization, or repository, and the Secretary, or a designee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.19 - Issuance of a Revised Printed Statement (State Rap Back Program)

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an employer or regulatory authority is authorized by State statute to receive a revised printed statement, the Central Repository shall:
(1) Enroll the employer or regulatory authority in the State Rap Back Program;
(2) Maintain a record of each previously processed individual who works for, or is regulated by an authorized employer or regulatory authority;
(3) Issue a revised printed statement for each previously processed individual when new information is added to the individual's CHRI indicating:
(a) An arrest;
(b) The issuance of an arrest warrant;
(c) The filing of a charging document;
(d) A disposition of conviction;
(e) A verdict of not criminally responsible; or
(f) A disposition of probation before judgment; and
(4) Send the revised printed statement to the employer, the regulatory authority, and the covered individual who is the subject of the printed statement.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.20 - Designated Law Enforcement and Other Agencies Approved for Fingerprinting

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository may designate State and local law enforcement agencies or other agencies to provide fingerprinting services for criminal justice and noncriminal justice purposes.
B. A designated law enforcement agency shall:
(1) Provide fingerprinting services according to requirements established in this chapter; and
(2) Verify the proof of identity of the individual requesting fingerprint services at the time the individual is fingerprinted.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for processing a criminal history records check under Family Law Article, §§5-560 -5-569, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.03 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. A covered individual applying for a printed statement shall:
(1) Complete and submit an application to the Central Repository using a form approved by the Central Repository that provides identifying information, including the covered individual's Social Security number, that is used by the Central Repository to verify identity and preserve the security of information maintained by the Central Repository;
(2) Submit a complete set of legible fingerprints in a format approved by the Central Repository and the FBI; and
(3) Except for provisions under §B of this regulation, pay processing fees authorized under Family Law Article, §5-561(g), Annotated Code of Maryland, and Regulation .04 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.04 - Payment of Processing Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository shall collect the nonrefundable fees for a printed statement authorized under Family Law Article, §5-561, Annotated Code of Maryland, and COMAR 12.15.01.15.
B. Except as provided in §C of this regulation, processing fees shall be:
(1) Due at the time the application and fingerprints are submitted to the Central Repository;
(2) Except under §B(3) of this regulation, payable to the Central Repository in the form of:
(a) Certified check;
(b) Cashier's check;
(c) Money order; or
(d) Personal check; or
(3) Rendered by an alternative method approved in writing by the Central Repository.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.05 - Designated Law Enforcement Agencies and Approved Agencies for Fingerprinting

Current through Register Vol. 51, No. 14, July 12, 2024
The Central Repository may designate State and local law enforcement or other approved agencies to provide fingerprinting services according to provisions under COMAR 12.15.01.20.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.06 - Conducting the Criminal History Records Check

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository shall process an application for a criminal history records check according to provisions in Family Law Article, §§5-563 and 5-564, Annotated Code of Maryland.
B. Subject to Regulation .07 of this chapter, the Central Repository shall issue separate printed statements containing the results of the:
(1) State criminal history records check; and
(2) National criminal history records check.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.07 - Processing a Criminal History Records Check Received From the FBI

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, the Central Repository shall issue a printed statement to a regulatory authority and a covered individual that discloses the results of a national criminal history records check received from the FBI.
B. The Central Repository shall distribute a printed statement according to federal law and regulations governing dissemination of FBI identification records.
C. Limits of Disclosure in a Printed Statement.
(1) The Central Repository shall issue a printed statement to a:
(a) Licensed child placement agency; or
(b) Private entity.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.08 - Issuance of a Revised Printed Statement

Current through Register Vol. 51, No. 14, July 12, 2024
A revised statement shall be processed and distributed according to provisions under COMAR 12.15.01.19.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.09 - Confidentiality and Dissemination of Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. A criminal history records check conducted by the Central Repository is confidential and may not be:
(1) Used for a purpose other than that for which it is disseminated; or
(2) Redisseminated.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.10 - Right of a Covered Individual to Appeal the Findings in a Printed Statement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A covered individual may appeal the findings in a printed statement containing a conviction, probation before judgment disposition, not criminally responsible disposition, or pending charge received from the FBI by complying with applicable federal regulations to challenge and seek to correct a record.
B. A covered individual may appeal the content of a printed statement containing a conviction, probation before judgment disposition, not criminally responsible disposition, or pending charge occurring in the State according to provisions under COMAR 12.15.01.07.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.11 - Referrals of Alleged Violations of Law

Current through Register Vol. 51, No. 14, July 12, 2024
A criminal violation under Family Law Article, §5-566, Annotated Code of Maryland, shall be referred to the State's attorney of the jurisdiction where the alleged violation occurred.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.02 - Criminal History Records Check of Individuals Who Care for or Supervise Children › Section 12.15.02.12 - Emergency Out-of-Home Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a child is subject to an emergency out-of-home placement, a local department may request that a designated State or local law enforcement agency authorized under Regulation .05 of this chapter, or other agency approved by the Department, perform a federal name-based records check on an individual described in Family Law Article, §§5-561(c)(4), (5)(ii), and (6)(ii), Annotated Code of Maryland.
B. An agency performing a federal name-based records check under §A of this regulation may provide the results of the federal name-based records check to the local department making the request.
C. Within 15 calendar days after a local department receives the results of a federal name-based records check, a representative of the local department shall submit to the Department a complete a set of fingerprints for each individual subject to a federal name-based records check according to §A of this regulation.
D. When the Department receives a complete set of fingerprints for an individual subject to the federal name-based records check from a local department, the Department shall perform a criminal history records check authorized under Family Law Article, §5-564, Annotated Code of Maryland.
E. The Department shall perform a criminal history records check authorized under Family Law Article, §5-564, Annotated Code of Maryland, according to Regulation .06 of this chapter.
F. A local department shall immediately remove a child subject to an emergency out-of-home placement if an individual required to submit to a federal name-based records check does not comply with a requirement to submit to the federal name-based records check.
G. When a child's emergency out-of-home placement is denied as a result of a criminal history records check required under this regulation, the individual with the criminal history records check that is the basis for the denial may appeal the action as provided under Criminal Procedure Article, §
									10-227, Annotated Code of Maryland.
H. An individual required to submit to a criminal history records check under this regulation shall pay the fees established under Family Law Article, §5-561(h), Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.03 - Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program › Section 12.15.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter establishes procedures for processing a criminal history records check under Health-General Article, §§19-1901 -19-1912, Annotated Code of Maryland.
B. This chapter does not apply to a background check conducted by a private agency under Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.03 - Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program › Section 12.15.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Adult dependent care program" has the meaning stated in Health-General Article, §19-1901(b), Annotated Code of Maryland.
(2) "Application" means the form submitted for a covered individual to obtain a criminal history records check.
(3) "Approved agency" has the meaning stated in COMAR 12.15.02.02.
(4) "Approved training" has the meaning stated in COMAR 12.15.02.02.
(5) "Central Repository" has the meaning stated in COMAR 12.15.02.02.
(6) "Conviction" means a plea or verdict of guilty, plea of nolo contendere, disposition of probation before judgment, or disposition of not criminally responsible.
(7) "Covered individual" means an eligible employee or other individual as defined in §B(13) and (14) of this regulation.
(8) "Criminal history records check" means a record check of the Central Repository criminal history record information under Criminal Procedure Article, §
										10-201(d), Annotated Code of Maryland.
(9) "Department" has the meaning stated in COMAR 12.15.02.02.
(10) "Director" means the Director of the Central Repository.
(11) "Disclosure statement" means the part of the application that contains a sworn statement or affirmation of the existence of a criminal conviction or pending criminal charge without a final disposition.
(12) "Disseminate" has the meaning stated in COMAR 12.15.02.02.
(13) Eligible Employee.
(a) "Eligible employee" has the meaning stated in Health-General Article, §19-1901(f), Annotated Code of Maryland.
(b) "Eligible employee" includes an employee 14 years old or older as of the date of the application for a criminal history records check.
(14) Other Individual.
(a) "Other individual" means an individual who is not an eligible employee but for whom a criminal history records check may be requested under Health-General Article, §19-1912, Annotated Code of Maryland.
(b) "Other individual" includes:
(i) A volunteer; or
(ii) An individual 14 years old or older as of the date of the application for a criminal history records check.
(c) "Other individual" does not include an individual licensed or certified under the Health Occupations Article, Annotated Code of Maryland.
(15) "Previously processed" means a covered individual who has obtained a criminal history records check under this chapter.
(16) "Printed statement" has the meaning stated in COMAR 12.15.02.02.
(17) "Program" means an adult dependent care program as defined in Health-General Article, §19-1901(b), Annotated Code of Maryland.
(18) "Secretary" has the meaning stated in COMAR 12.15.02.02.
(19) "Valid photo identification document" has the meaning stated in COMAR 12.15.02.02.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.03 - Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program › Section 12.15.03.03 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. An adult dependent care program shall apply for a printed statement for a covered individual by:
(1) Completing and submitting to the Central Repository an application approved by the Central Repository that provides identifying information that is used by the Central Repository to verify identity and preserve the security of the information maintained by the Central Repository;
(2) Submitting a complete set of legible fingerprints in a format approved by the Central Repository; and
(3) Paying the processing fee authorized under Health-General Article, §§19-1902(c) and 19-1904(b), Annotated Code of Maryland, and established by the Central Repository.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.03 - Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program › Section 12.15.03.04 - Payment of Processing Fee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository shall collect a nonrefundable fee for a a printed statement authorized under Health-General Article, §§19-1902(c) and 19-1904(b), Annotated Code of Maryland, and established in COMAR 12.15.01.15.
B. Except as provided under §C of this regulation, the processing fee shall:
(1) Be paid by the program at the time the application and fingerprints are submitted by the program to the Central Repository.
(2) Except under §D of this regulation, be payable to the Central Repository in the form of:
(a) Certified check;
(b) Cashier's check;
(c) Money order;
(d) Personal check; or
(e) Rendered by an alternative method approved in writing by the Central Repository.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.03 - Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program › Section 12.15.03.05 - Designated Law Enforcement Agencies and Approved Agencies for Fingerprinting

Current through Register Vol. 51, No. 14, July 12, 2024
A designated law enforcement agency shall provide fingerprinting services according to requirements established under COMAR 12.15.01.20.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.03 - Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program › Section 12.15.03.06 - Conducting the Criminal History Records Check

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository shall process an application for a printed statement according to provisions under Health-General Article, §§9-1904, 19-1905, and 19-1907, Annotated Code of Maryland.
B. The Central Repository shall issue a printed statement under this chapter only to:
(1) An adult dependent care program; or
(2) A covered individual.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.03 - Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program › Section 12.15.03.07 - Issuance of a Revised Printed Statement

Current through Register Vol. 51, No. 14, July 12, 2024
A revised printed statement shall be issued according to provisions established under COMAR 12.15.01.19.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.03 - Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program › Section 12.15.03.08 - Confidentiality and Dissemination of Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. A criminal history records check conducted by the Central Repository is confidential and may not be:
(1) Used for a purpose other than that for which it is disseminated; or
(2) Redisseminated.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.03 - Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program › Section 12.15.03.09 - Right of a Covered Individual to Appeal the Findings in a Printed Statement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requesting an Appeal of the Findings in a Printed Statement.
(1) A covered individual may appeal the content of a printed statement issued under provisions of this chapter.
(2) A covered individual shall contact the Central Repository, in writing, requesting to appeal the content of the covered individual's printed statement under this chapter.
(3) The Central Repository shall conduct a hearing within 20 working days of the receipt of the written request from a covered individual, unless the requesting covered individual waives the hearing.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.03 - Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program › Section 12.15.03.10 - Referrals of Alleged Violations of Law

Current through Register Vol. 51, No. 14, July 12, 2024
A criminal violation under Health-General Article, §19-1909, Annotated Code of Maryland, shall be referred to the State's attorney of the jurisdiction where the alleged violation occurred.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.04 - Criminal History Record Information Checks for Applicants for Hazardous Materials Endorsements - Commercial Driver's Licenses › Section 12.15.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures to obtain the required CHRI check if an individual is applying for a hazardous materials endorsement, new or renewal, for a commercial driver's license.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.04 - Criminal History Record Information Checks for Applicants for Hazardous Materials Endorsements - Commercial Driver's Licenses › Section 12.15.04.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to a new applicant for and a current holder of a commercial driver's license with a hazardous materials endorsement.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.04 - Criminal History Record Information Checks for Applicants for Hazardous Materials Endorsements - Commercial Driver's Licenses › Section 12.15.04.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Access fee" means a cost paid to the Central Repository for conducting a CHRI check and providing CHRI to an applicant.
(2) "Applicant" means an individual submitting information to the Central Repository to obtain CHRI for a CDL-HME.
(3) "Collection" has the meaning stated in COMAR 12.15.01.03B.
(4) "Commercial driver's license (CDL)" has the meaning stated in the Transportation Article, §
										16-815, Annotated Code of Maryland.
(5) Criminal History Record Information (CHRI).
(a) "Criminal history record information (CHRI)" has the meaning stated in COMAR 12.15.01.03B.
(b) "Criminal history record information (CHRI)" obtained for the purposes of an HME includes a check of State records conducted by the Central Repository and national records conducted by the Federal Bureau of Investigation (FBI).
(6) "Criminal Justice Information System"Central Repository (Central Repository)" has the meaning stated in Criminal Procedures Article, §10-213, Annotated Code of Maryland.
(7) "Electronic imaging" means a method of digitally recording and producing copies of an individual's fingerprints.
(8) "Fingerprinting" has the meaning stated in COMAR 12.15.01.03.
(9) "Fingerprinting service fee" has the meaning stated in COMAR 12.15.01.03.
(10) Hazardous Materials.
(a) "Hazardous materials" means any substance or material that could adversely affect the safety of the public, handlers, or carriers during transportation.
(b) "Hazardous materials" includes substances and materials identified in the United States Department of Transportation's Hazardous Materials Table ( 49 CFR Parts 100 - 185).
(11) "Hazardous materials endorsement (HME)" means a State-issued authorization for the holder of a CDL to operate a motor vehicle transporting hazardous materials.
(12) "Transportation Security Administration (TSA)" means the United States Department of Homeland Security, Transportation Security Administration.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.04 - Criminal History Record Information Checks for Applicants for Hazardous Materials Endorsements - Commercial Driver's Licenses › Section 12.15.04.04 - CDL-HME CHRI Check - Application

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant shall:
A. Provide the Central Repository, in a format determined by the Central Repository, the following concerning the applicant:
(1) Fingerprints for federal and State comparison;
(2) A completed Maryland Motor Vehicle Administration (MVA) approved CDL-HME application;
(3) A certified certificate of birth; and
(4) A valid Maryland CDL; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.04 - Criminal History Record Information Checks for Applicants for Hazardous Materials Endorsements - Commercial Driver's Licenses › Section 12.15.04.05 - CDL-HME CHRI Check - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant shall submit to the Central Repository at the time of application the fees as provided in this regulation.
B. Threat Assessment Fee. The Central Repository collects the threat assessment fee under COMAR 12.15.01.15 and submits the fee, less a $2 handling charge, to the TSA.
C. FBI Fee. The Central Repository collects the FBI fee under COMAR 12.15.01.15 and submits the fee, less a $2 handling charge, to the FBI.
D. The Central Repository collects and retains the Central Repository access fee under COMAR 12.15.01.15.
E. Fingerprinting Service Fee. The Central Repository collects and retains the fingerprinting service fee under COMAR 12.15.01.15.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.04 - Criminal History Record Information Checks for Applicants for Hazardous Materials Endorsements - Commercial Driver's Licenses › Section 12.15.04.06 - Application Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant shall submit the request to the Central Repository.
B. The Central Repository shall accept an applicant's properly completed fingerprints and application and the Central Repository shall:
(1) Conduct the State CHRI check;
(2) Forward the appropriate information and fee to the FBI to conduct the national CHRI check;
(3) Receive notice from the FBI confirming receipt of the request made to the FBI to conduct a national CHRI check;
(4) Prepare a printed statement of the applicant's State CHRI; and
(5) According to Criminal Procedures Article, §§10-201 -10-234, Annotated Code of Maryland, forward the printed statement prepared under §B(4) of this regulation to the applicant.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.04 - Criminal History Record Information Checks for Applicants for Hazardous Materials Endorsements - Commercial Driver's Licenses › Section 12.15.04.07 - Threat Assessment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The TSA performs a threat assessment to determine if the applicant qualifies for a CDL-HME.
B. The TSA conducts the threat assessment and notifies the applicant of the decision according to policy and procedures established by the TSA.
C. An applicant notified that the TSA has disqualified the applicant from holding an HME may apply, according to procedures established by the TSA, to the TSA for:
(1) A waiver of the TSA requirements; or
(2) An appeal of the TSA decision to disqualify the applicant.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.04 - Criminal History Record Information Checks for Applicants for Hazardous Materials Endorsements - Commercial Driver's Licenses › Section 12.15.04.08 - Use of CHRI Information

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant or other person receiving CHRI from the Central Repository under this chapter:
A. May not disseminate the CHRI to an unauthorized person; and
B. Shall only use the CHRI for the purposes described under this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.04 - Criminal History Record Information Checks for Applicants for Hazardous Materials Endorsements - Commercial Driver's Licenses › Section 12.15.04.09 - Challenges to CHRI Received from the Central Repository

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under the provisions of Criminal Procedures Article, §10-223, Annotated Code of Maryland, an applicant may challenge the completeness, contents, or accuracy of the contents of the Central Repository printed statement produced according to Regulation .06B(4) of this chapter.
B. A challenge of the completeness, contents, or accuracy of the contents of a Central Repository printed statement shall be made by the applicant and processed by the Central Repository according to procedures under COMAR 12.15.01.07.
C. After the Central Repository processes a challenge and makes a decision and that decision results in a change, or changes, to the original Central Repository printed statement, the Central Repository shall forward a revised printed statement according to provisions under Regulation .06B(5) of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.05 - Use of Private Provider Services for Non-Criminal Justice Purposes › Section 12.15.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes minimum requirements and procedures for a private provider to perform fingerprinting services and demographic data collection for non-criminal justice purposes for the Central Repository.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.05 - Use of Private Provider Services for Non-Criminal Justice Purposes › Section 12.15.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Authorization certificate" means a document issued by the Central Repository to a private provider authorizing the private provider to perform fingerprinting services and demographic data collection for the Central Repository.
(2) "Criminal history records check" has the meaning stated in COMAR 12.15.02.02.
(3) "Criminal history record information (CHRI)" has the meaning stated in Criminal Procedure Article, §
										10-201(d), Annotated Code of Maryland.
(4) "Criminal Justice Information System-Central Repository (Central Repository)" has the meaning stated in Criminal Procedure Article, §
										10-201(c), Annotated Code of Maryland.
(5) "Criminal justice purposes" has the meaning stated in COMAR 12.15.01.03.
(6) "FBI" means the United States Federal Bureau of Investigation.
(7) "Network Livescan Applicant Technical Interface Document" means the written minimum specifications for processing a request for a criminal history records check for non-criminal justice purposes.
(8) "Non-criminal justice purpose" has the meaning stated in COMAR 12.15.01.03.
(9) "Private provider" means a person performing fingerprinting services and demographic data collection for non-criminal justice purposes.
(10) "Private provider agreement" means a legally binding document that describes the responsibilities of the Central Repository and a private provider authorizing the private provider to perform fingerprinting services and demographic data collection for the Central Repository.
(11) "Record" means any printed, written, or electronic document or file used or created for the purposes of collecting and transmitting fingerprint images and demographic data to the Central Repository for a request for a criminal history records check for non-criminal justice purposes.