Ohio Administrative Code › Title 4501:2 - State Highway Patrol › Chapter 4501:2-10 - Law Enforcement Automated Data System (LEADS) › Section 4501:2-10-09 - National crime information center (NCIC)

Current through all regulations passed and filed through July 1, 2024
(A) Any agency operating a terminal accessing
			 NCIC shall implement the necessary procedures to make that terminal secure from
			 any unauthorized use. Departure from this responsibility may result in the
			 removal of the offending terminal(s) from further NCIC participation.
(B) The NCIC uses hardware and software
			 controls to help ensure system security. However, final responsibility for the
			 maintenance of the security and confidentiality of criminal justice information
			 rests with the individual agencies participating in the NCIC system.
(C)
								 Use of NCIC services by any user agency shall be
			 in accordance with the instructions and procedures contained in the NCIC
			 operating manual, the codes contained in the NCIC code manual, and new
			 enhancements contained in the NCIC technical and operational updates, NCIC
			 newsletter, or any other official notification from FBI/NCIC.
(D)
								 The interstate identification index (III) shall
			 only be used for the administration of criminal justice. This includes the
			 issuing of a license or permit for a weapon or explosives when a criminal
			 history check is required to be performed by a criminal justice agency pursuant
			 to a federal, state, or local law or ordinance. If the permits or licenses are
			 issued by noncriminal justice agencies such as county commissioners, mayors
			 offices, etc., a computerized criminal history check shall only be
			 made
			 available as provided in 
									28 C.F.R.
			 20.33
								 (published July 1, 2003).
(E)
								 Federal
			 public
			 law 104-120
								"Housing Opportunity Program Extension Act of 1996"
			 specifies CCH/III access is authorized by federal housing authorities
			 for purposes of screening, lease enforcement, and
			 eviction. NCIC, LEADS, police departments, and other law enforcement
			 agencies shall only confirm or deny the existence of criminal history records
			 to hoursing and urban development agencies upon request.
(F)
								
								Federal public law
			 
								104-193
			 "Personal Responsibility and Work Opportunity Reconciliation Act of
			 1996"
								authorizes wanted person file access
			 for state and local human services
			 authorities. LEADS shall provide direct access capability to human services
			 offices as users of the system are not authorized to provide this
			 data.
(G)
								 A public children
			 services agency may initiate inquiries and receive computerized criminal
			 history information through local law enforcement agencies using LEADS and
			 NCIC.
Within fifteen days of the request for computerized criminal
				history information, the public children services agency shall submit to
				BCI&I and the FBI completed fingerprint cards of the person whose
				information was submitted to the local law enforcement agency.
Prior to the release of computerized criminal history
				information under this rule, the public children services agency shall:
(1) Apply for and/or have been issued an NCIC
			 originating agency identifier ending in the letter T.
(2) Furnish to the terminal agency providing
			 the computerized criminal history information the agency's NCIC originating
			 agency identifier.
(3) Certify the
			 computerized criminal history information received from local law enforcement
			 agencies shall only be used when exigent circumstances exist for the safe
			 emergency placement of a child or children and time restraints make submission
			 of fingerprint cards unreasonable.