Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart K - Criminal Information › Chapter 195 - CRIMINAL RECORDS › Section 195.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings unless the context clearly indicates otherwise:
Act
-18 Pa.C.S. §§ 9101-9183
					 (relating to criminal history record information).
Administration of criminal justice
-The
					 activities directly concerned with the prevention, control, or reduction of
					 crime and the apprehension, detention, pretrial release, post-trial release,
					 prosecution, adjudication, correctional supervision, or rehabilitation of
					 accused persons or criminal offenders; criminal identification activities; or
					 the collection, storage, dissemination, or usage of criminal history record
					 information.
Automated systems
-A computer or other
					 internally programmed device capable of automatically accepting and processing
					 data, including computer programs, data communication links, input and output
					 data, and data storage devices.
Central repository
-The central location
					 for the collection, compilation, maintenance, and dissemination of criminal
					 history record information by the Pennsylvania State Police.
Criminal history record
					 information
-Information collected by criminal justice agencies
					 concerning individuals and arising from the initiation of a criminal
					 proceeding, consisting of identifiable descriptions, and dates and notations of
					 arrests, indictments, informations, or other formal criminal charges and any
					 dispositions arising therefrom; the term does not include intelligence
					 information, investigative information, treatment information, or information
					 and records specified in
					 18 Pa.C.S. §
											9104.
Criminal justice agency
-Any court
					 including the minor judiciary with criminal jurisdiction or any other
					 governmental agency or subunit thereof created by statute or by the State or
					 Federal constitutions, specifically authorized to perform as its principal
					 function the administration of criminal justice, and which allocates a
					 substantial portion of its annual budget to such function. Criminal justice
					 agencies include, but are not limited to organized State and municipal police
					 departments, local detention facilities, county, regional and State
					 correctional facilities, probation agencies, district or prosecuting attorneys,
					 parole boards, and pardon boards.
Disposition
-Information indicating that
					 criminal proceedings have been concluded including information disclosing that
					 police have elected not to refer a matter for prosecution, that a prosecuting
					 authority has elected not to commence criminal proceedings, or that a grand
					 jury has failed to indict and disclosing the nature of the termination of the
					 proceedings or information disclosing that proceedings have been indefinitely
					 postponed and also disclosing the reason for such postponement. Dispositions of
					 criminal proceedings in this Commonwealth shall include, but not be limited to
					 acquittal, acquittal by reason of insanity, pretrial probation or diversion,
					 charge dismissed, guilty plea,
nolle prosequi,
no information
					 filed,
nolo contendere
plea, convicted, abatement, discharge
					 under the provisions of 234 Pa. Code (relating to rules of criminal procedure),
					 demurrer sustained, pardoned, sentence commuted, mistrial-defendant discharged,
					 discharge from probation or parole, or correctional supervision.
Dissemination
-The oral or written
					 transmission or disclosure of criminal history record information to
					 individuals or agencies other than the criminal justice agency which maintains
					 the information.
Expunge
-To remove information so that
					 there is no trace or indication that such information existed; or to eliminate
					 all identifiers which may be used to trace the identity of an individual,
					 allowing remaining data to be used for statistical purposes.
Intelligence information
-Information
					 concerning the habits, practices, characteristics, history, possessions,
					 associations or financial status of any individual.
Investigative information
-Information
					 assembled as a result of the performance of any inquiry, formal or informal,
					 into a criminal incident or an allegation of criminal wrongdoing; the term may
					 include
modus operandi
information.
Repository
-Any location in which criminal
					 history record information is collected, compiled, maintained, and disseminated
					 by a criminal justice agency.
Secondary dissemination
-[Reserved].
Treatment information
-Information
					 concerning medical, psychiatric, psychological, or other rehabilitative
					 treatment provided, suggested, or prescribed for any
					 individual.