Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 40 - Law Information Network of Kentucky › Section 502 KAR 40:040 - LINK user agencies to initiate agreement with satellite agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.130
NECESSITY, FUNCTION, AND CONFORMITY: 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 satellite
			 agencies that access and/or enter CJI in the LINK system shall be required to
			 enter into a User Agreement with the terminal agency providing said
			 access/entry services. The form of the agreement shall be prescribed and
			 approved by the commissioner prior to the entry, retrieval or access to
			 information. A completed copy of this Agreement shall be filed with the
			 Commissioner, Kentucky State Police, by all terminal agencies. (A copy of the
			 Satellite User Agreement is available from the Kentucky State Police Records
			 Section, Louisville Road, Frankfort, Kentucky 40601.) (See Appendix A)
APPENDIX A
COMPUTER INFORMATION
EXCHANGE AGREEMENT
BETWEEN
_________________________________________________
AND
_________________________________________________
This Agreement, made and entered into this ___________ day of
				________ , 19___ between _______________ , a terminal agency accessing the Law
				Information Network of Kentucky (LINK), hereinafter referred to as terminal
				agency, and _______ , a nonterminal agency, hereinafter referred to as
				satellite agency.
This Agreement entitles Satellite Agency authority to request
				access to LINK files, except criminal history record information; to National
				Crime Information Center (NCIC) files, except criminal history record
				information; and to National Law Enforcement Telecommunications System (NLETS)
				for the exchange of criminal justice related information, except criminal
				history record information.
Satellite Agency agrees to abide by all statutes, regulations,
				rules, policies and procedures of the Law Information Network of Kentucky, the
				National Crime Information Center and the National Law Enforcement
				Telecommunications System, Inc.
Satellite Agency agrees to cooperate with the Terminal Agency
				and provide assistance and information necessary to meet the following minimum
				standards:
1. Ensure that all Record
			 Entries and Modifications are accurate and complete.
2. Ensure immediate removal of all related
			 records when property is recovered or individuals are apprehended.
3. React to error notifications as specified
			 in LINK policies and procedures.
4.
			 React within ten (10) minutes to a hit confirmation request.
5. Ensure immediate entry of locate message
			 upon recovery of property or apprehension of Wanted/Missing persons.
Satellite Agency agrees to indemnify and save harmless the
				Terminal Agency, its director and employees; and the Kentucky State Police, its
				director and employees from and against any and all claims, demands, actions,
				suits and proceedings by others; against all liabilities to others including
				but not limited to any liability for damages by reason of or rising out of any
				false arrest or imprisonment or any cause of actions whatsoever, and against a
				loss, cost, expense and damage resulting therefrom, or rising out of or
				involving any negligence on the part of the Satellite Agency in the exercise or
				enjoyment of this agreement.
The Kentucky State Police and the Terminal Agency each reserve
				the right to immediately suspend services to the User Agency when rules,
				regulations, policies or procedures of LINK, NCIC or NLETS have been
				violated.
This Agreement will become effective on the _____ day of ____,
				19___.
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.