Full and Complete Access to Criminal History Records and Criminal Justice Information

Full and Complete Access to Criminal History Records and Criminal Justice Information

Resolution

 

WHEREAS, traditionally recognized agencies, such as state and local crime labs, non-law enforcement owned nationally recognized Fusion Centers, operate in support of traditional criminal justice and law enforcement agencies mission;

WHEREAS, these entities have taken on new and expanded primary roles to support the Administration of Criminal Justice since the introduction of new investigative technologies and the events of 9/11 to enhance public safety, prevent, detect and deter crime and terrorism as well as, the protection of homeland security;

WHEREAS, these entities now function and operate daily in roles that are traditionally law enforcement and criminal justice agency duties performing the Administration of Criminal Justice during the detection and investigation of crimes, investigative intelligence gathering, and emergency criminal crisis events;

WHEREAS, these entities need access to Criminal History Record Information and Criminal Justice Information that by federal statute and policy prohibits access to or, requires a cumbersome process to gain access to information that may be contained within federal and state repositories that maintain those records and other criminal information datasets;

WHEREAS, despite new technologies and new roles and responsibilities since 9/11, these similarly configured entities supporting the Administration of Criminal Justice which have duties that are similar in nature to those performed by criminal justice and law enforcement agencies, are limited and/or prohibited from access to Criminal History Record Information merely by the interpretation of the current definition;

WHEREAS, this prohibition is directly related to the current construct of 28 USC 534 and CFR 28 Part 20, and accompanying policy and procedures through the FBI Advisory Policy Board;

WHEREAS, these statutes and organizations govern release of this information and terms and definitions that limit prudent access that intuitively should not be limited to these entities given their creation and new Administration of Criminal Justice responsibilities;

WHEREAS, these entities would be subject to the same suitability, training, security, handling requirements and sanctions as those entities currently granted access to criminal history record information through the FBI-CJIS Division;

RESOLVED, that the International Association of Chiefs of Police (IACP) recommends passage of amendment to definitions in 28 USC 534 or CFR 28 Part 20, as well as policies established under the FBI CJIS Advisory Policy Board to reflect current organizational changes and responsibilities to entities that support the Administration of Criminal Justice and national security duties and encompass these entities permitting - agencies such as, state and local crime labs and nationally recognized Fusion Centers to receive the full and complete criminal history records information and other criminal justice datasets maintained federally and by the respective states.

 

 

Submitted by: Criminal Justice Information System Committee

CJIS.23.t16

Resolution
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