Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 6 - ADDITIONAL COUNCILS AND COMMITTEES › Subchapter XXX - PENNSYLVANIA CITIZEN LAW ENFORCEMENT ADVISORY AND REVIEW (CLEAR) COMMISSION › Section 6.943 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Administrative adjudication
-The completion
					 of any internal investigation, with an administrative finding of -'sustained,"
					 "not-sustained" or "unfounded" or the agency equivalent thereof, where all
					 disciplinary penalties have been imposed and all contractual remedies,
					 including grievance and arbitration proceedings, have been exhausted.
Bias-based policing
-The unreasonable use
					 of race, ethnicity, National origin, gender or religion by a law enforcement
					 officer in deciding to initiate an enforcement action. It is not racial or
					 other biased-based policing when race, ethnicity, national origin, gender or
					 religion is used in combination with other identifying factors as part of a
					 specific individual description to initiate an enforcement action.
CHRIA
-Chapter 91 of 18 Pa.C.S. (relating
					 to criminal history record information), referred to as the Criminal History
					 Record Information Act.
CHRIA information
-Information that cannot
					 be disclosed to non-criminal justice agencies under CHRIA, including but not
					 limited to criminal history record information, intelligence information and
					 investigative information as defined under CHRIA.
CJIS
-Criminal justice information
					 services.
CJIS information
-Information that is
					 obtained or derived from a CJIS system, including, but not limited to,
					 information from the Interstate Identification Index System, the National Crime
					 Information Center, and the International Justice and Public Safety Information
					 Sharing Network.
Commission
-Pennsylvania Citizen Law
					 Enforcement Advisory and Review (CLEAR) Commission.
Completed internal investigative
					 findings
-The final administrative determination by the covered agency
					 that the Commission is authorized to review after a case has been fully
					 investigated and criminally adjudicated and administratively adjudicated, as
					 previously defined, and where no civil litigation has commenced, and where all
					 applicable statutes of limitation have elapsed or all civil or civil rights
					 litigation has concluded. Where civil action commences during the pendency of a
					 review, the review shall cease until the litigation has concluded.
Criminal adjudication
-Either a
					 determination by the applicable prosecutor to decline prosecution or all
					 judicial procedures up to and including sentencing and applicable appeal
					 periods have occurred.
Covered agency
-As provided under §
										6.942 (relating to
					 applicability).
Injury
-As it relates to §
										6.954(b) 
					 (relating to Pennsylvania Citizen Law Enforcement Advisory and Review (CLEAR)
					 Commission), those injuries which require advanced medical treatment beyond
					 basic first aid.
LES information-Law enforcement sensitive
					 information
-Information that if disclosed could harm, jeopardize or
					 threaten the investigations, operations or other law enforcement or public
					 safety activities of a law enforcement agency as determined by that
					 agency.
Non-public information
-Information that is
					 exempt from public disclosure under section 708(b) of the Right-to-Know Law
					 (65
					 P.S. §
											67.708(b)),
					 including, but not limited to, records that would threaten a public safety
					 activity or related to a criminal or internal investigation.
OSIG
-Office of State Inspector
					 General.
PII-Personal identifiable
					 information
-Information that, when used alone or with other relevant
					 data, can identify an individual. PII may contain direct identifiers, for
					 example, passport information, that can identify a person uniquely or
					 quasi-identifiers, such as race, that can be combined with other
					 quasi-identifiers, such as date of birth, to successfully identify an
					 individual.
Random sampling
-A sampling of completed
					 internal investigative findings for lower-level use of force cases chosen by
					 way of random selection of a predetermined number of cases without specific
					 knowledge of the persons involved or incident details.