New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 486 - New York Statewide Police Information Network (nyspin) Rules › Section 486.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) New York
				Statewide Police Information Network - NYSPIN; "The System." The New York
				Statewide Police Information Network (NYSPIN)is the computerized system
				administered by the Division of State Police as authorized by the New York
				State Executive Law, sections 217, 218, 219 and 220. T he system includes the
				equipment, facilities, procedures, agreements and organizations thereof for the
				collection, processing, preservation or dissemination of criminal justice
				information.
(b) Division of
				Criminal Justice Services - DCJS. The New York State Division of Criminal
				Justice Services (DCJS) is responsible for the collection, processing,
				preservation and dissemination of computerized criminal history record
				information and other information as required by the New York State Executive
				Law.
(c) National Crime Information
				Center - NCIC. The National Crime Information Center (NCIC) is the computer
				system and facilities maintained by the Federal Bureau of Investigation (FBI),
				and is located in Washington, D.C.
(d) National Law Enforcement
				Telecommunications System - NLETS. The National Law Enforcement
				Telecommunications System, Inc. (NLETS) is the computer system located in
				Phoenix, Arizona, that is used by all states for the interstate exchange of
				criminal justice information.
(e)
				Criminal History Record Information - CHRI. [Title
				28
				CFR 20.3(b)]  Published by
				the Office of the Federal Register, National Archives and Records Service,
				General Services Administration, Washington, D.C. Printed by the Superintendent
				of Documents, U.S. Government Printing Office, Washington, D.C. Criminal
				History Record Information (CHRI) is that 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 dispositions arising therefrom such as 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.
(f) Computer material.
				Computer material is defined in the New York State Penal Law, section 156.00,
				subdivision 5.
(g) Computer
				information. All data and programming stored in NYSPIN or information accessed
				through NYSPIN is computer information.
(h) Criminal justice information. Criminal
				justice information means all computer information or computer material
				processed by or through NYSPIN, regardless of the source of the information or
				material, including material and information from non-criminal justice computer
				systems such as, but not limited to, the New York State Department of Motor
				Vehicles and the Truck Mileage Tax data base file.
(i) Criminal justice agency. [Title
				28
				CFR 20.3(c)]  Criminal
				justice agencies are courts and any government agency or any subunit thereof
				which performs the administration of criminal justice pursuant to a statute or
				executive order and which allocates a substantial part of its annual budget to
				the administration of criminal justice.
(j) An agency identifier (ORI) is a
				nine-character alphanumeric code assigned to criminal justice, law enforcement
				and non-criminal justice agencies by NCIC in accord with NCIC rules and
				regulations, and to State Emergency Management Office (SEMO) associated
				agencies by the Division of State Police. There are four types of ORI:
(1) A criminal justice ORI is an agency
				identifier assigned to a governmental agency or subunit thereof performing a
				criminal justice function other than apprehension of suspected violators of the
				law. Agencies with criminal justice ORI's may access all information available
				via NYSPIN, providing a use and dissemination agreement has been entered into
				with the Division of State Police.
(2) A law enforcement ORI is an agency
				identifier assigned to a governmental agency or subunit thereof having
				statutory powers of arrest and whose primary function is that of apprehension
				and detection of suspected violators of the law. Law enforcement agencies may
				access all information available via NYSPIN, providing a use and dissemination
				agreement has been entered into with the Division of State Police.
(3) A non-criminal justice ORI is a
				limited-access ORI assigned to a nongovernmental agency or subunit thereof
				which allocates a substantial part of its annual budget to the administration
				of criminal justice, whose regularly employed peace officers have full police
				powers pursuant to State law and have complied with the minimum employment
				standards of governmentally employed police officers as specified by State
				statutes and regulations. A non- criminal justice agency may access only that
				information available through NYSPIN consistent with the agency's
				administration of criminal justice, but never criminal history record
				information, providing a use and dissemination agreement has been entered into
				with the Division of State Police.
(4) A SEMO ORI is a restricted agency
				identifier assigned by the Division of State Police to the New York State
				Emergency Management Office (SEMO), the Disaster Preparedness Commission (DPC)
				and the Federal Emergency Management Agency (FEMA), as described in Executive
				Order Number 32, dated December 29, 1983, and the Disaster Relief Act of 1974,
				P.L. 93-228, and includes primary and secondary warning points, as well as the
				National Weather Service. These ORI's, except in time of State or National
				Emergency, are restricted to sending and receiving messages associated with
				weather information, in conjunction with the National Weather Service, and
				direction and control messages associated with SEMO, DPC or FEMA directives,
				emergencies or drills. All such authorized messages may be disseminated to
				public safety agencies and organizations, including but not limited to fire
				companies, rescue teams, emergency medical services and other providers of
				emergency assistance, as required, in accord with SEMO/DPC/FEMA procedures for
				coordinating emergencies or alerting the public to potential emergencies. Under
				no circumstance will a SEMO ORI be permitted to access CHRI.