THE GEORGIA CRIME INFORMATION CENTER POLICY MANUAL

Transcription

THE GEORGIA CRIME
INFORMATION CENTER
POLICY MANUAL
Rev. 2011
Table of Contents
Chapter 1
Section
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
Chapter 2
Section
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.7.1
2.7.2
2.7.3
2.7.4
2.8
2.9
Introduction
Authority
Purpose
Criminal Justice Information System (CJIS) Network
International Justice and Public Safety Network
(Nlets)
INTERPOL
FBI's Criminal Justice Information System Division
(CJIS)
Policy (Defined)
Policy Implementation
Procedure (Defined)
GCIC Council
Georgia Crime Information Center
Terminal Agency Responsibilities
Agency Chief Executives
Terminal Agency Coordinator (TAC)
Terminal Operator
Training
Use of Volunteers and Other Non - Paid Personnel
Georgia CJIS Network Documentation
Record Quality
Entry and Removal of Records In GCIC/NCIC
Files
Accuracy
Completeness
Valid Records
Record Documentation
Case Documentation
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Table of Contents
Section
2.10
2.10.1
2.10.2
2.10.3
2.10.4
2.10.5
2.10.6
2.10.7
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
Chapter 3
Section
3.1
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3.2
3.3
Record Transactions
Inquiry
Locate
Entry
Modify
Clear
Cancel
Supplemental Record Entry
CJIS Validation
Device or Data Circuit Requests
CJIS Network Terminal Operations (Defined)
Non - CJIS Network Terminal Operations (Defined)
Restrictions on Non - CJIS Network Terminal
Operations
Equipment Maintenance
Terminal and Communications Failure
Severe Weather Action
Agreements
Agreements
User Agreements
Service Agreements
Holder of Record Agreement
Management Control Agreements
Vendor Service Agreement
Computer Centers
Governmental Dispatch Centers
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Table of Contents
Chapter 4
Section
4.1
4.2
4.3
4.4
4.5
4.5.1
4.5.2
4.5.3
4.5.4
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
Chapter 5
Section
5.1
5.1.1
5.2
Criminal History
Sources
Physical Security and Maintenance
Personnel Security Standards
Purpose Codes
Dissemination
Logging of Disseminations
Methods of Dissemination to Criminal Justice
Agencies
Methods of Dissemination to Non - Criminal
Justice Entities
Other Authorized Disseminations
Citizenship
Department of Family & Children Services
Adoptions
Criminal Record Check for Nursing Home
Employment
Criminal Record Check for Providers of Care to
Children, the Elderly and Persons with Disabilities
(Including Volunteers)
Public Access to Felony Conviction Records
Public Housing Authority
Protection Order File
Criminal Record Checks on Law Enforcement
Officers for Family Violence Background
CJIS Security Passwords & Standards
CJIS Network Secure Passwords
Local Criminal Justice Agencies
Personnel Security Screening Standards
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Table of Contents
Chapter 6
Section
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.7.1
6.7.2
6.7.3
6.7.4
6.7.5
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.18.1
6.18.2
6.19
6.20
6.21
6.22
6.23
6.24
CJIS Network Operations
Message Retention
Unauthorized Messages
Authorized Messages
Administrative Messages
Georgia and National Broadcasts
Hot File Entry Access
Hit Confirmation Policy
Hit Message Definition
Probable Cause
Hit Confirmation Request
Hit Confirmation Response
Failure to Respond to Hit Confirmation
Requests
Help File
Weather Information Defined
Agency Information
Originating Agency Identifier (ORI) Number Request
and Dissemination Procedures
Message Retrieval Defined
Hazardous Materials Information (HAZMAT) Defined
GCIC/NCIC Data Files
Extradition
Caution Indicators
Temporary Felony Records
Missing Persons
Runaway Juveniles (Less Than 17 Years of Age
and Non-emancipated)
Runaway Minors (17 Years of Age and Nonemancipated)
Persons Placed on Probation or Parole
Vehicles Associated with Person Records
U.S. Secret Service Records
Canadian Arrest Warrants
Arrest or Detention of Foreign Nationals
NCIC Foreign Fugitive File
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Table of Contents
6.25
6.25.1
6.25.2
6.26
6.27
6.28
6.29
6.30
6.30.1
6.30.2
Chapter 7
Section
7.1
7.2
7.3
Appendix A
Gun File
Recovered Guns
Weapon Serial Number Guidelines
Article File
Boat File
Securities File
Retention Limits
Identifying and Correcting Hot-File Errors
Serious Errors
Non-Serious Errors
File Searches, Audits and Sanctions
Off-Line Investigative Searches
GCIC Audit Procedures
Sanctions
Examples of Consent Forms
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CHAPTER 1
INTRODUCTION
1.1
AUTHORITY
The Georgia Crime Information Center (GCIC), a division of the Georgia Bureau
of Investigation manages the Georgia Criminal Justice Information System (CJIS)
network under the provisions of Georgia law (O.C.G.A. § 35-3-30 thru O.C.G.A.
§ 35-3-40) and the Rules of the Georgia Crime Information Center (GCIC)
Council. The Rules of the GCIC Council are promulgated under the Georgia
Administrative Procedures Act; therefore, the Rules have the force and effect of
law. Policies in this manual are derived from federal laws and regulations, the
International Justice and Public Safety Network - Nlets policies, the FBI Criminal
Justice Information System (FBI CJIS) policies, Georgia laws, and the GCIC
Council Rules.
1.2
PURPOSE
This manual establishes policies that regulate the use of the Georgia Criminal
Justice Information System (CJIS) network. Criminal justice agency
administrators, including Terminal Agency Coordinators (TAC), must use the
Rules of the GCIC Council, the GCIC CJIS Security Policy, this Policy
Manual, the GCIC Operating Manual, and the NCIC Operating Manual as
references when developing and implementing agency policies and procedures
dealing with CJIS network operations.
1.3
CRIMINAL JUSTICE INFORMATION SYSTEM (CJIS)
NETWORK
The CJIS network has four major components:
1.
Devices and associated equipment operated by Georgia criminal
justice agencies.
2.
Records and files accessed through those devices.
3.
Computers and associated equipment used by GCIC and local or
regional computer centers that are connected to the Georgia CJIS
network.
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4.
1.4
Federal, state, local criminal justice and other authorized agency
employees who operate, support, use and benefit from the CJIS
network.
INTERNATIONAL JUSTICE AND PUBLIC SAFETY
NETWORK (Nlets)
The International Justice and Public Safety Network powered by the National
Law Enforcement Telecommunications System provides access to Nlets files and
criminal justice agency terminals and files in other states. The Deputy Director for
GCIC appoints Georgia's Nlets representative.
1.5
INTERPOL
INTERPOL is an information exchange agency between domestic and
international law enforcement agencies. INTERPOL forwards your message to an
international agency and relays a response back to your agency. To contact
INTERPOL, send an administrative message to DCINTER00 or call 202-6169000.
1.6
FBI’S CRIMINAL JUSTICE INFORMATION SYSTEM
DIVISION (CJIS)
The Criminal Justice Information System (CJIS), a division of the Federal Bureau
of Investigation (FBI) maintains files and records that are available nationwide.
The Georgia Bureau of Investigation (GBI) is the CJIS Systems Agency (CSA)
for Georgia and the Deputy Director for GCIC is the CJIS Systems Officer
(CSO). The Deputy Director for GCIC also serves as Georgia’s representative on
the CJIS Southern Region Working Group. To propose changes in GCIC/CJIS
policies or procedures, please submit in writing to the Deputy Director of GCIC
at:
Post Office Box 370748,
Decatur, Georgia 30037-0748.
1.7
POLICY (DEFINED)
A policy is an operational directive or rule based on provisions of law or other
authority.
Policies describe:
•
What must be done
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•
•
•
•
1.8
What may be done
What must not be done
To whom the policy applies
Sanctions for policy violations
POLICY IMPLEMENTATION
Criminal justice and other authorized agencies use written procedures to
implement policy. Enforcing written procedures and/or regulations is an agency
head's most effective means to accomplish policy objectives. Agency heads and
Terminal Agency Coordinators shall be responsible, within their agencies, for the
development of policies and procedures relating to CJIS network operations and
the administration of the terminal operator training program developed by GCIC.
1.9
PROCEDURE (DEFINED)
A procedure is a written step-by-step course of action that identifies:
•
•
•
•
•
•
Who must perform the action
What the action is
When to perform the action
Where the action is performed
How to perform the action
Why the action is performed
1.10 GCIC COUNCIL
Georgia law requires the Georgia Crime Information Center Council (the Georgia
Board of Public Safety) to establish (O.C.G.A. § 35-3-32):
•
Policies for network management by GCIC
•
Responsibilities of criminal justice, other authorized agencies and
GCIC
Sanctions for violations of Georgia law, CJIS network policies
and GCIC Council Rules
•
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1.11
GEORGIA CRIME INFORMATION CENTER
Georgia Law (O.C.G.A. § 35-3-33) and the Rules of the GCIC Council require
GCIC to:
•
Operate the network on a continuous basis.
•
Provide procedures, standards, and training necessary for the
uniform operation of the network.
•
Establish complete control over the network and restrict its use to
criminal justice and other authorized agencies (e.g., regional
dispatch centers).
•
Restrict the use of criminal justice information obtained through
the network for purposes authorized by law.
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CHAPTER 2
TERMINAL AGENCY RESPONSIBILITIES
2.1
AGENCY CHIEF EXECUTIVES
Chief executives (Sheriffs, Chiefs of Police, etc.) are responsible for their
agencies' compliance with laws, policies, and operational procedures regulating
the access to the CJIS network. The agency chief executive must ensure that:
•
A Terminal Agency Coordinator (TAC) is appointed and certified
within 90 days of appointment (GCIC Council Rule 140-2-.16).
Replacement TACs must be appointed immediately and certified
within 90 days. Notify the Deputy Director of GCIC, in writing, of
all primary TAC appointments and contact your GCIC Customer
Support Representative.
•
Agreements required by GCIC are current and signed by agency
heads (Refer to Chapter 3 for agreement descriptions) (GCIC
Council Rule 140-2-.04).
•
All agency employees (civilian and sworn) must sign current
Awareness Statements (GCIC Council Rule 140-2-.09).
•
All agency employees adhere to all GCIC/NCIC policies.
•
Written policies and procedures based on the current Rules of the
GCIC Council are established in order to comply with CJIS
network operation policies.
•
All agency employees who utilize any of the four major
components of the Georgia CJIS network are appropriately trained
and that appropriate training documentation is maintained by the
agency (GCIC Council Rule 140-2-.16).
•
A Local Agency Security Officer (LASO) is appointed to serve as
the agency’s Point of Contact (POC) for computer security
responsibilities. Refer to the GCIC CJIS Security Policy and/or
GCIC Council Rule 140-1-.02.
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2.2
TERMINAL AGENCY COORDINATOR (TAC)
A Terminal Agency Coordinator (TAC) is the person designated by an agency
head to serve as a liaison between the agency head and the Georgia Crime
Information Center for CJIS network related matters (GCIC Council Rule 140-1.02). Each TAC must successfully complete the Terminal Agency Coordinator
Certification course, administered by the Georgia Crime Information Center,
within 90 days of their appointment. The TAC will assist the agency head in
managing CJIS network related operations to ensure compliance with relevant
laws, regulations and policies.
The Terminal Agency Coordinator is required to (GCIC Council Rule140-2-.16):
•
At a minimum, successfully complete the Inquiry level of the
GCIC Computerized Based Training (CBT) Terminal Operator
Training Program before they are accepted into the TAC
Certification course.
•
Administer the GCIC Terminal Operator Training Program within
the agency, and provide appropriate GCIC/NCIC related training
for all other agency employees. Maintain documentation verifying
all CJIS related training for the agency.
•
Assist the agency chief executive in developing policies and
procedures for all CJIS network operations.
•
Ensure those terminal operators responsible for HIT confirmations
have immediate access to documentation supporting the agency's
active hot-file records.
•
Notify the GCIC Assistant Deputy Director for Security
Operations when a new agency head is appointed or elected and
arrange for the signing of new Agreements.
•
Serve as the point of contact for validations and all other
GCIC/NCIC network related matters.
•
Maintain access to CJIS network related documents such as:

GCIC Council Rules, GCIC CJIS Security Policy, GCIC
Policy Manual, GCIC Operating Manual, NCIC Operating
Manual, NCIC Code Manual, Operations Bulletins, updates
and revisions, and broadcast messages related to the operation
of the CJIS network.

Copies of current agreements (as required). Refer to Chapter 3.
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2.3
•
Maintain the User ID and passwords for agency personnel who
access the CJIS network.
•
And other responsibilities as designated by the GCIC Council
Rules and GCIC CJIS Security Policy.
TERMINAL OPERATOR
An agency employee whose primary job function includes accessing the CJIS
Network. (GCIC Council Rule 140-1.02).
2.4
TRAINING
GCIC has transitioned from the handwritten terminal operator workbook to a
Computerized Based Training (CBT) Program. Agencies will use the CBT
Terminal Operator Program to certify and re-certify all terminal operators. New
operators will be required to certify within 90 days of assignment as a terminal
operator.
The Terminal Operator Training Program will consist of information obtained
from the following reference/training materials:
•
•
•
•
•
•
2010 GCIC Policy Manual
2010 GCIC Operating Manual
GCIC Council Rules
GCIC Operations Bulletins
NCIC Operating Manual
NCIC Code Manual
GCIC is responsible for providing agencies with the updated, replacement
reference and training materials in electronic format.
There will be three levels of training:
1. Inquiry Level: If an operator has the ability to make inquires on any files
in the CJIS Network they must be trained as an Inquiry Level Operator.
2. Entry Level: If an operator has the ability to inquire as well as enter
and/or update information in the CJIS Network they must be trained as an
Entry Level Operator.
3. MDT Level: A Mobile Data Terminal (MDT) is a computerized device
used in law enforcement vehicles used to communicate with the CJIS
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Network. ONLY law enforcement officers accessing the CJIS Network
via MDT may be trained as MDT Level Operators.
Please refer to GCIC Operations Bulletin 2010-43 (Transition to New Terminal
Operator Training Program) for further information and access requirements.
Agency heads are responsible for the training of all agency employees who handle
CJIS data, affect CJIS data, use a CJIS network terminal or benefit from any data
received over a CJIS network terminal (GCIC Council Rule 140-2.16). Training
requirements for agency employees are as follows:
TITLE
TAC
Terminal
Operator
(All Levels)
2.5
TRAINING
Successfully complete the Terminal Agency
Coordinator Certification Course
administered by GCIC within 90 days of
appointment.
RECERTIFICATION
Attend a GCIC TAC
Refresher Course every
five (5) years.
At a minimum, successfully complete the
Inquiry level of the GCIC CBT Terminal
Operator Training Program.
Every two years
thereafter for the
duration of their
employment as a
terminal operator.
Every two years
thereafter for the
duration of their
employment as terminal
operator.
Must be certified within 90 days of
employment or assignment to Terminal
Operator duties.
USE OF VOLUNTEERS AND OTHER NON-PAID
PERSONNEL
Local criminal justice and other authorized agencies utilizing non-paid persons
from various sources such as volunteer groups, student interns, special assistance
programs arranged through various state agencies and others, must meet the
following requirements:
•
For persons used solely in areas housing public information, no special
requirements are necessary.
•
Access to criminal justice information (i.e. criminal history, or any
information via a CJIS network terminal), must be restricted to
authorized persons who are trained to properly handle, safeguard, and
destroy such information.
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•
Agency heads permitting non-paid persons to work in restricted areas
must process each person as a criminal justice employee by:
 Completing two applicant fingerprint cards marked “Criminal
Justice Employment” and submitting them to GCIC or submitting
applicant prints via livescan prior to giving non-paid personnel
access to restricted areas.
 Having all non-paid personnel sign a current Awareness Statement.
Having all non-paid personnel review the Georgia Computer
Systems Protection Act (O.C.G. A. § 16-9-90 thru O.C.G.A. § 169-94, O.C.G.A. § 35-3-38).
 Providing In-service training to non-paid personnel on the Security
and Integrity of Criminal Justice information.
 Reviewing the GCIC Council Rules with non-paid personnel.
 Providing continual supervision and monitoring of non-paid
personnel.
2.6
GEORGIA CJIS NETWORK DOCUMENTATION
CJIS Network documentation includes:
•
•
•
•
•
•
•
•
•
Georgia Crime Information Center Council Rules
GCIC CJIS Security Policy
GCIC Policy Manual
GCIC Operating Manual
GCIC Operations Bulletins
NCIC Operating Manual
NCIC Code Manual
Georgia CJIS Network Terminal Operator Training Material
Records supporting the training, testing, certification and recertification of Terminal Operators
GCIC authorizes the use of CJIS network documentation for legitimate criminal
justice and other authorized agencies only. All documentation must be
maintained in a secure and controlled area. Documentation must be updated as
revisions are made available by GCIC. When documentation is invalid or no
longer current and cannot be updated, it must be destroyed in a secure manner.
Completed training media is the property of GCIC. As the original training
records, the completed training media shall be retained by the agency for the
duration of employment of the employee. Should an employee leave an agency,
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the training documentation shall be transferred to the TAC of the employing
agency upon their written request.
When an employee leaves an agency and the training documentation has not been
requested by another agency, the agency holding the training documentation has
the option of retaining the training documentation or destroying it 30 days after
the certification period has expired.
Access to such documentation by unauthorized agencies or personnel must be
approved by GCIC.
2.7
RECORD QUALITY
Each agency is responsible for maintaining the quality of records entered into the
GCIC/NCIC computerized files. Quality refers to the timeliness, accuracy,
completeness and validity of records.
2.7.1 ENTRY AND REMOVAL OF RECORDS IN GCIC/NCIC FILES
Record entries must be made within 12 hours (O.C.G.A. § 35-3-36, GCIC Council
Rule 140-2-.13) after determination by law enforcement agencies that a wanted
person should be arrested, that identifiable property is reported as stolen, or an
adult is reported missing by a parent, guardian, or next of kin. *Note: Per
Federal Law and NCIC Policy, when agencies receive reports of missing
juveniles, including runaways or any person less than 21 years of age, the
records must be entered within two hours after enough information is obtained to
complete an entry (42 USCS § 5780).
All agencies operating a Georgia CJIS network device shall remove entries when
arrest warrants have been served or recalled, stolen identifiable property has been
recovered, or missing persons have been located.
All agencies operating Georgia CJIS network devices are responsible for the
timely removal of record entries made via the CJIS device when they are no
longer valid.
Terminal agencies must develop and implement policies and procedures that will
ensure compliance with GCIC/NCIC HIT confirmation requirements.
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2.7.2 ACCURACY
An accurate record contains:
•
•
•
•
Correctly spelled names
Correctly entered identifying numbers
Data identical to the information in supporting documents
Extradition limits for wanted persons
Agency Heads must develop policies and procedures to ensure that terminal
operators receive all the information needed for record entries.
2.7.3 COMPLETENESS
A complete record must include:
•
•
All information available at the time of the record entry
The addition of new information when it becomes available during
investigations and validations
Agency Heads must develop policies and procedures to ensure that terminal
operators receive all the information needed for record entries.
2.7.4 VALID RECORDS
A GCIC/NCIC record is valid when:
•
•
•
•
2.8
Supporting documentation exists and is current and accurately
identifies the object of the record entry
Wanted person entries are supported by valid active warrants
Missing persons have not been found
Stolen property has not been recovered
RECORD DOCUMENTATION
Records entered into GCIC/NCIC files must be supported by documentation
(GCIC Council Rule 140-2-.13). Original arrest warrants, copies of protection
orders, missing person reports, pick-up orders, theft reports, and/or affidavits must
be retained on site in the originating agency's case files until record entries are
removed from GCIC/NCIC files.
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Agencies with devices on the Georgia CJIS network, who have agreements to
make entries for other agencies, shall require copies of such supporting
documents from that agency prior to making record entries.
The originating agency must establish procedures that permit the terminal agency
to confirm all HITS within the time limits established by GCIC and NCIC.
2.9
CASE DOCUMENTATION
GCIC CJIS worksheets may be used when entering a record into the GCIC/NCIC
computerized files. You may also fill in your entry terminal screen and print
before transmitting to utilize as additional case documentation.
Some required information items must be coded prior to entering records into the
GCIC/NCIC files. The GCIC Operating Manual, the NCIC Operating Manual,
the NCIC Code Manual and the NCIC On-Line Code Manual contain coding
instructions.
Terminal operators must update case file documentation after modifying, clearing
or canceling record entries. Successful entry, modification, supplemental entry,
clearance and cancellation notifications must be retained.
Terminal operators must include all CJIS network documentation pertaining to a
particular case with the corresponding case file. If record entries, modifications,
supplemental record entries, clearances, or cancellations are performed for
another agency, the entering agency is responsible for providing copies of ALL
printouts pertaining to the particular case along with copies of any case
documentation to that agency.
2.10
RECORD TRANSACTIONS
Terminal operators can perform eight types of GCIC/NCIC record transactions:
Inquiry
Locate
Entry
Modify
Clear
Cancel
Supplemental Record Entry
File Transfer (see NCIC Operating Manual)
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2.10.1 INQUIRY
Inquiry messages can be sent to specific GCIC/NCIC files.
Inquiries should be made on the following:
Persons:
• Subjects who are arrested or detained
• Arrested persons or inmates, prior to release from custody
• Subjects under investigation
• Wanted/missing persons prior to record entries
• Suspects or key witnesses in pending cases
• Unidentified dead bodies
• Drivers records prior to record entries
• Criminal history records prior to record entries
Vehicles:
• Recovered vehicles, vehicle parts, trailers and license plates when
found or prior to disposal
• Stolen vehicles, vehicle parts, trailers and license plates
• Abandoned vehicles, vehicle parts, trailers and license plates prior to
record entry
• Vehicles involved in felony crimes to determine if they are associated
with warrants
• Vehicles associated with wanted persons
• Vehicle registration prior to record entries
Property: (Guns, Articles, Boats, and Securities) when property is:
• Found
• Seized
• Recovered guns
• Pawned
• Stolen, prior to entering the record
2.10.2 LOCATE
Locate messages must be sent by recovering or apprehending agencies after
receiving a positive Hit Confirmation. Locate messages are used to notify
originating agencies that the sending agency has control of the person or property
described in their record (O.C.G.A. § 35-3- 36(m). A proper locate is the basis
for the ability to complete a detainer warrant entry. A locate message must be
sent within one hour of receipt of the positive hit confirmation.
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If your agency sends a positive hit confirmation and does not receive a locate
message within one hour, send a terminal message to the Integrated CJIS Data
Center, terminal code GCCC.
2.10.3 ENTRY
Entries establish records in the GCIC/NCIC files (O.C.G.A. § 35-3-36(l), GCIC
Council Rule 140-2-.13). When entering a record, include all available
information, which will increase the possibility of a Hit.
2.10.4 MODIFY
Modifications add, change, or remove information in records already in
GCIC/NCIC Files (GCIC Council Rule 140-2-.13). Only the originating agency
can authorize modification of a record entry.
Records must be modified:
• to correct inaccurate information.
• to add additional information as soon as it becomes available
• to delete information no longer applicable
2.10.5 CLEAR
Clearing a record removes it from the GCIC/NCIC files when recoveries or
apprehensions occur (O.C.G.A. § 35-3-36(m), GCIC Council Rule 140-2-.13).
Only the originating agency can authorize the clearance of a record.
Clear records when:
•
•
•
Wanted persons have been apprehended.
Missing persons have been found.
Stolen property has been recovered.
2.10.6 CANCEL
Canceling a record removes it from GCIC/NCIC files when it is no longer valid
or cannot be supported by documentation, (O.C.G.A. § 35-3-36(m), GCIC
Council Rule 140-2-.13). Only the originating agency can authorize the
cancellation of a record.
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Cancel records when:
•
Warrants are no longer valid, stolen property reports are unfounded,
etc.
•
Documentation (warrants, missing person’s reports, theft reports, etc.)
no longer exists to support the record.
2.10.7 SUPPLEMENTAL RECORD ENTRY
A supplemental record is used to add additional identifiers to an existing record.
Only the agency that entered the original record may add additional identifiers to
a record.
2.11 CJIS VALIDATION
All law enforcement and criminal justice agencies with wanted/missing persons,
protection orders, gang file entries, and/or stolen property record entries in
GCIC/NCIC computerized files are required to participate in the record validation
program established and administered by GCIC and NCIC (GCIC Council Rule
140-2-.14).
Records from the monthly validation listing that are not validated by the suspense
date will result in automatic removal.
Validation procedures, records and supporting documentation are subject to GCIC
and NCIC audits.
2.12 DEVICE OR DATA CIRCUIT REQUESTS
To order, relocate, add, or replace CJIS network devices or lines, the agency
head must send a written request to the Georgia Crime Information Center at least
60 days prior to the date of the proposed action.
Any changes or additions of terminals or lines are subject to approval from
GCIC and the Georgia Technology Authority (GTA). Changes or relocation of
CJIS network terminal or lines, without prior authorization from GCIC, may
result in loss of service.
2.13 CJIS NETWORK TERMINAL OPERATIONS (DEFINED)
Services provided through the CJIS network are CJIS network terminal
operations. These operations are described in the GCIC Operating Manual and
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NCIC Operating Manual. Operations can be performed only using devices and
other associated equipment connected to the CJIS network.
2.14 NON-CJIS NETWORK TERMINAL OPERATIONS
(DEFINED)
Non-CJIS network terminal operations are applications or local computer system
programs that are not provided through the CJIS network. This includes word
processing, database management, spreadsheet analyses and various software
applications.
2.15 RESTRICTIONS ON NON-CJIS NETWORK TERMINAL
OPERATIONS
Terminal agencies may use terminals that access the CJIS network to perform
non-CJIS network terminal operations concurrently with CJIS network terminal
operations in compliance with GCIC CJIS Security Policy. However, such
operations cannot:
•
interrupt or interfere with continuous CJIS network access to the
terminal
•
interrupt or interfere with continuous CJIS network access to other
CJIS network terminals, within the same agency or on the same data
line
•
prevent or delay immediate receipt of incoming CJIS network
messages
•
prevent, delay or adversely affect a terminal operator's ability to
perform CJIS network terminal operations, including HIT
confirmation procedures
2.16 EQUIPMENT MAINTENANCE
CJIS network terminal agencies are responsible for the maintenance of terminals,
printers, and other equipment which connect to the CJIS network. This includes
maintenance or service contracts with appropriate vendors or in-house
maintenance by qualified agency technicians.
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Rev. 2011
If agency equipment connected to the CJIS network does not operate
properly or adversely affects the CJIS network, CJIS network access will
be suspended by GCIC until the equipment is repaired or replaced.
2.17 TERMINAL AND COMMUNICATIONS FAILURE
Procedures must be established by the agency for reporting problems with a
terminal connected to the CJIS Network. The TAC must make the procedures
available to all operators.
2.18 SEVERE WEATHER ACTION
CJIS network terminal agencies must establish written procedures that ensure the
prompt deactivation of terminals, modems, and diagnostic units during severe
weather conditions. Refer to the Introduction section of the GCIC Operating
Manual.
CJIS network devices must have current maintenance contracts with appropriate
vendors for the data communications equipment that connect to the CJIS network.
Maintenance contracts ensure that equipment will be repaired as required and
that malfunctions will not adversely affect the CJIS network service to your
agency or to other CJIS agencies.
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CHAPTER 3
AGREEMENTS
3.1
AGREEMENTS
State and federal laws, GCIC Council Rules, GCIC CJIS Security Policy, NCIC
and Nlets policies require that signed agreements between GCIC and law
enforcement agencies, a law enforcement agency and another law enforcement
agency, a law enforcement agency and a non-criminal justice agency, etc. must be
maintained (GCIC Council Rule 140-2-.04).
3.1.1 USER AGREEMENT
Heads of all criminal justice and other authorized agencies, including managers of
computer interface agencies, must sign a User Agreement with the Georgia Crime
Information Center (GCIC Council Rule 140-2-.04). Such agreements identify
the duties and responsibilities of criminal justice agencies and GCIC concerning
use of the CJIS network, training, and compliance with state and federal laws and
rules.
3.1.2 SERVICE AGREEMENT
A Service Agreement must be initiated between a terminal agency that enters
GCIC/NCIC records and/or handles HIT confirmation procedures and the agency
for which the service is provided (GCIC Council Rule 140-2-.13). Service
Agreements outline the responsibilities of the agencies. Except in emergencies,
terminal agencies must not enter records into GCIC/NCIC computerized files for
non-terminal agencies unless Service Agreements are in force. A non-terminal
agency must have a signed User Agreement with GCIC before requesting service
from a terminal agency. The Service Agreement should contain responsibilities
and procedures for each agency regarding:
•
•
•
•
•
Record entry, modification, clearance or cancellation
Record documentation
Types of inquiries performed against the GCIC/NCIC files
Validation of records
HIT notification and response procedures
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3.1.3 HOLDER OF RECORD AGREEMENT
Any law enforcement terminal agency, governmental dispatch center, or
governmental regional dispatch center may act as holder of record on behalf of
another agency and may place its own ORI in a record entry only when a written
agreement exists between the entering agency and the agency on whose behalf the
record is entered (GCIC Council Rule 140-2-.13). The agreement must state each
agency’s legal responsibilities for records entered in GCIC/NCIC files.
3.1.4 MANAGEMENT CONTROL AGREEMENT
A Management Control Agreement, signed by the head of each agency involved,
sets forth the responsibilities of a criminal justice agency that oversees the
operations of a non-criminal justice agency, e.g. E911 or local ‘interface’
computer center providing CJIS network access (GCIC Council Rule 140-2-.04).
The agreement requires a criminal justice agency to:
•
Conduct background checks, to include a fingerprint identification
check, of all job applicants or employees who will have access to
criminal justice information
•
Disqualify unsuitable job applicants or remove current employees for
just cause
•
Ensure that on-site security and access controls are established and
maintained by the manager of the non-criminal justice agency
The criminal justice agency head has the authority to remove personnel
from use of or access to the CJIS network.
3.1.5 VENDOR SERVICE AGREEMENT
Heads of criminal justice agencies who wish to use a private vendor for their
computer system must sign a Vendor Agreement and provide a copy to GCIC.
3.2
COMPUTER CENTERS
Each computer center operated by employees of a non-criminal justice agency
which provides CJIS network service to a criminal justice agency must sign a
User Agreement with GCIC and a Management Control Agreement with the
principal criminal justice agency served by the computer center.
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3.3
GOVERNMENTAL DISPATCH CENTERS
Each dispatch center operated by a non-criminal justice agency providing CJIS
network service to criminal justice agencies must sign a User Agreement with
GCIC and a Management Control Agreement with the principal criminal
justice agency served by the dispatch center.
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CHAPTER 4
CRIMINAL HISTORY
4.1
SOURCES
Criminal History Record Information (CHRI) is available through the CJIS
network from:
•
•
•
GCIC computerized files
FBI computerized files
Computerized files in other states
CHRI may also be available through access to local and city systems.
The FBI Interstate Identification Index (III or Triple I) provides access to criminal
record information contributed by participating states and the FBI. The FBI
furnishes criminal records on federal offenders and records originating in the
states that do not contribute their records to III or are not a National Fingerprint
File (NFF) state. The FBI Criminal Justice Information Services (CJIS) Division
operates the Interstate Identification Index (III).
The National Fingerprint File (NFF) places primary responsibility for
maintenance and dissemination of criminal history record information on each
state repository, instead of the FBI. The current NFF states are: Colorado,
Florida, Georgia, Hawaii, Idaho, Kansas, Montana, New Jersey, North Carolina,
Oklahoma, Oregon, Tennessee and Wyoming.
4.2
PHYSICAL SECURITY AND MAINTENANCE
Recipients of CHRI must provide a secure area, out of the view of the public and
unauthorized personnel, for the handling and retention of CHRI. Criminal justice
and other authorized agencies shall institute reasonable procedures to protect any
central repository of criminal history record information from any unauthorized
access, theft, sabotage, fire, wind, flood, power failure or other natural or manmade disasters. A written policy must be created, maintained and updated as
necessary by each agency (GCIC Council Rule 140-2-.08). In addition, the
agency must meet all standards provided by the GCIC CJIS Security Policy.
4.3
PERSONNEL SECURITY STANDARDS
All personnel directly associated with the accessing, maintaining, processing,
dissemination or destruction of Criminal Justice or Criminal History Record
Information shall be specially trained. The training shall provide employees with
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Rev. 2011
a working knowledge of federal and state regulations and laws governing the
security and processing of criminal history information. Employers are
responsible for ensuring that their personnel receive such training within 60 days
of employment or job assignment and every two years; to include Security and
Integrity training for criminal justice and all other authorized employees.
4.4
PURPOSE CODES
Purpose codes are used to indicate the intended use of requested Criminal History
Record Information. Valid purpose codes are as follows:
C
The Administration of Criminal Justice (CJ) is the
performance of any of the following activities: Detection,
apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, correctional supervision, or
rehabilitation of accused persons or criminal offenders. Used
for criminal investigations of domestic violence or stalking
cases by law enforcement agencies.




Displays complete Georgia criminal history except sealed
and destroyed juvenile records.
Disseminates III criminal history.
Authorized for criminal justice use only.
No consent required.
Security of a criminal justice facility:
 Vendors or contractors at the CJ agency, who are NOT
involved with the actual administration of criminal justice
at the CJ agency, e.g. carpet cleaner, individuals
responsible for maintaining vending machines, janitors,
cooks, etc.
 Volunteers at the CJ agency who are NOT involved with
the actual administration of criminal justice at the CJ
agency, e.g. participants in community ride along
programs, volunteers at a confinement facility who are
providing social or community services rather than
rehabilitative services, etc.
 Confinement facility visitors.
 Inmates of a confinement facility.
 Inmate’s mailing list where there is reason to believe that
criminal activity is occurring or has occurred.
D
Domestic Violence and Stalking - Authorized for uses by
civil or criminal courts in domestic violence or stalking cases
(must submit query with ORI ending in A, D, J)
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Rev. 2011



E
Authorized for non-criminal justice purposes where consent
is provided. Employment, military, firefighters, licensing,
international travel, inspection of one’s own criminal history
record, nursing home, prospective adoption/foster parents.


F
and juvenile records.
Requires consent of individual.
Concealed Carry Permits – Authorized for use by
Probate Courts for issuing concealed permits. As of July 1,
2006, any person prohibited from possessing firearms pursuant
to federal law may not be issued a pistol permit or temporary
renewal permit (O.C.G.A. § 16-11-129). The amended statute
requires a background check of the FBI’s National Instant
Criminal Background Check System (NICS) prior to issuance
of permits and renewals as well as a check of the U.S.
Immigration and Customs Enforcement (ICE) records for noncitizen applicants. (Please refer to GCIC Operations Bulletin
2009-08).





Displays complete Georgia criminal history to include
sealed records that contain completed first offender
sentences for drug offenses.
Does not display other sealed or juvenile records.
Probate Court ORI must be used to receive complete
records and NICS checks.
Requires consent of individual (permit application is
acceptable as consent).
Weapon release/transfer checks – Authorized for use by
Police Departments and Sheriff’s Offices to check persons
who pawned firearms and before returning weapons from
evidence.


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H
Public Housing Authority (PHA) use allowed for IQ only.
Public Housing Authority ORI ending in Q is required.





J
The IQ responses will provide a list of three subjects
whose name and personal descriptors match or are close to
those of the inquiry. The local law enforcement agency is
authorized to inform the PHA that the applicant may
have a criminal history within Georgia and the FBI’s
Interstate Identification Index.
If the PHA wants to obtain the full NCIC III criminal
history record, the applicant’s fingerprints must be
submitted through an approved channeling agency. The
FBI will provide applicant cards, bearing the PHA ORI
number, without cost.
If the FBI makes a positive identification, the matching
record from the III file will be provided to the PHA. If a
negative match is made, the FBI will advise the PHA that
the subject has no criminal history record on file.
The option of using Purpose Code E with a signed consent
form or fingerprint cards for a Georgia record has not
changed.
Criminal Justice (CJ) Employment – civilian employment
with a criminal justice agency or the screening of employees
of other agencies over which the criminal justice agency
maintains management control.



This code is also used for the following:
Security of a criminal justice facility
 Vendors or contractors at the CJ agency who ARE
involved with the actual administration of criminal justice
at the CJ agency, e.g. personnel involved with maintenance
of computer systems, upgrading record systems, data entry
clerk, etc.
 Volunteers at the CJ agency, who ARE involved with the
actual administration of criminal justice at the CJ agency,
e.g. volunteer dispatcher, volunteer data entry clerk,
volunteers at a confinement facility who are providing
rehabilitative services, etc.
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L
Lawyer
 Displays complete Georgia criminal history except
juvenile records.
 Local criminal justice agencies may process CHRI requests
from a Public Defender’s Office when that Office has a
State assigned ORI (ends in S). When processing these
CHRI requests, the local agency must use the Public
Defender’s ORI and purpose code L. Consent of the
individual (criminal defendant or witness) is not required.
M
Individual is applying for employment with a facility, as
defined in O.C.G.A. §37-3-1 or O.C.G.A. § 37-4-2, that
provides services to persons who are mentally ill, as defined in
O.C.G.A. §37-3-1, or mentally retarded, as defined in
O.C.G.A. § 37-4-2. Applicants seeking employment with
facilities per statute.


N
Individual is applying for employment with a nursing home,
personal care home or a person or entity that offers day care
for elderly persons. Applicants seeking employment with
facilities per statute.


O
completed first offender sentences for certain offenses
when the offender was discharged on or after July 1, 2004.
Authorized for use by Georgia Insurance Commissioner
(GA0603900).

Displays complete Georgia history except for local
expungements and juveniles.
P
Public Records
 Displays Georgia felony convictions only.
 No consent required.
S
Security Clearance - Authorized for use by Federal SCIA
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Rev. 2011
agencies with an ORI that ends with an R


V
VISA Applicants Authorized for use when the III transaction
is made for the purpose of determining eligibility for visa
application. Limited to IQ inquiries by the Department of
State, Consolidated Immigrant Processing Visa Center.


W

Exigent Purposes - Authorized for use by DHR Office of
Investigative Services (GA060019T) for emergency placement
of children under exigent circumstances.
There is a requirement to follow up with submission of
fingerprints within 15 days, unless there is no placement and
then that must be logged by DHR.



Z
Individual is applying for employment with a public school,
private school, child welfare agency or a person or entity that
provides day care for minor children or after school care for
minor children. Applicants seeking employment with facilities
per statute.

X
Displays complete Georgia record except sealed and
juvenile records.
Criminal Justice Employment - Authorized for criminal
justice employment checks on sworn personnel/personnel
certified by POST.



sealed records that contain completed first offender
sentences for any offense.
Disseminates III criminal history
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Rev. 2011
Other employees who are POST-certified and/or designated as
peace officers:







Employees of the Department of Transportation in the
Office of Permits and Enforcement
Employees of the Department of Juvenile Justice who are
designated by the commissioner to investigate and
apprehend unruly and delinquent children
Employees of the Department of Corrections or municipal
Correctional institutions that employ 300 or more
Correctional officers, county probation systems, and
county correctional institutions who are authorized to
exercise powers of arrest.
Employees of the State Board of Pardons and Parole
Administrative investigators who are agents, operatives,
investigators, or officers of this state whose duties include
the prevention, detection and investigations of violations
of law and the enforcement of administrative, regulatory,
licensing, or certification requirements of his or her
respective employing agency
POST-certified jail and juvenile corrections officers
POST-certified communications officers
Definitions:
1. Completed First Offender Act - O.C.G.A. § 42-8-62. Seals only the specific
charge(s) for which the offender received the First Offender Act discharge.
All other charges, containing other dispositions, will be released.
2. Local Expungement - O.C.G.A. § 35-3-37(d). Seals only the specific charge(s)
approved for such expungement. All other charges, containing other
dispositions, will be released.
3. Sealed Record – Completed First Offender Act disposition and local
expungement records. Seals only the specific charge(s) approved for such
sealing. Does not include exclusions noted in O.C.G.A. § 35-3-34.1 when the
offender was discharged under the First Offender Act on or after July 1, 2004.
Any other charges, with other dispositions, will be released.
4. Juvenile – An offender who was 16 years of age or younger at the time of arrest,
charged with a felony offense and not being treated as an adult. Active and sealed
juvenile records are available to law enforcement for administration of criminal
justice purposes. Court order required for release of destroyed juvenile records to
criminal justice agencies.
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The following chart indicates the files that are checked and which purpose
codes require consent:
Purpose
Codes
Consent Form
Required*
C
F
J
E
P
H
D
L
M
N
O
S
V
W
X
Z
X
X
X
X
X
X
X
X
X
X
Checks
Georgia
CCH
Checks FBI
III
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Disseminates
Georgia First
Offender
Information
X
X**
X
X
X
X**
X**
X
X
X
X**
X
X
X
*A set of applicant fingerprint cards may be used instead of a signed consent form.
**Only certain types of offenses will be disseminated.
Refer to Appendix A for examples of consent forms.
4.5
DISSEMINATION
State and Federal laws control the dissemination of CHRI. CHRI may be
requested via terminal and disseminated for:
•
•
•
•
•
•
Investigative and/or court use
Criminal justice employment
Public and private employment
Licensing
Individual inspection of records
National security checks
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•
Other reasons as provided by law
Applicable laws and each requestor’s authority and purpose determine the type
and amount of CHRI disseminated.
State Umbrella Statute:
Public Law (Pub L.) 92-544 statutes provide for national fingerprint based
criminal history record checks for licensing or employment purposes by
governmental entities. Such statutes must be specific in nature, identify the
category of applicants, require fingerprinting of the applicants and authorize
submission of the fingerprints to the FBI for a national criminal history record
check.
With the amendment of O.C.G.A 35-3-35(a)(1) an “umbrella” 92-544 statute was
enacted allowing local non-law enforcement governmental authorities to require,
by rule, regulation or ordinance, the fingerprinting of applicants or licensees in
specified occupations for receiving CHRI. An umbrella statute allows greater
latitude to local non-law enforcement governmental agencies that want to require
fingerprinting for specific employment and licensing purposes.
With the enactment of an umbrella 92-544 statute in Georgia, local authorities can
determine what occupations to criminally background, especially in light of
particularized or exigent circumstances, e.g. natural disasters.
Procedures are set forth in the GCIC Operating Manual.
CHRI provided through the CJIS network; is current and valid only, at the time
that it is received. The GCIC updates the computerized criminal history database
daily.
4.5.1 LOGGING OF DISSEMINATIONS
GCIC maintains computerized logs of all criminal history record requests
transmitted to GCIC via the CJIS network (GCIC Council Rule 140-2-.06). The
log consists of information obtained from the criminal history record inquiry.
The information in each inquiry includes:
•
•
•
•
Date, time and purpose of each inquiry or request;
Identification of the actual requester; and the name or initials of
the terminal operator
Identification of the person inquired upon in the record inquiry
message
Each record subject's GCIC assigned state identification number
(SID) and/or FBI number in record request messages
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•
Agency Reference Numbers (ARN) must be used with purpose
codes C, F, L, or X. The ARN for purpose code L must be a case
number or docket number. The ARN for purpose code C, F or X
can be incident report numbers, criminal case numbers, docket
numbers, citation numbers, warrant numbers, inmate numbers, or
other significant numbers, which link criminal history record
requests to criminal investigations, and create an audit trail.
4. 5.2 METHODS OF DISSEMINATION TO CRIMINAL JUSTICE
AGENCIES
Method
Face to Face
Condition
Upon presentation of identification
Telephone
Only between criminal justice personnel when the
disseminator is positive of the requestor's identity.
Facsimile
A facsimile device not connected to a CJIS system may be
used to transmit hardcopy criminal history records provided
both agencies involved have a NCIC ORI authorized to
receive criminal history information (FBI Security Policy).
Mail
Radio
Telephone notification prior to the transmission of
information should be initiated to verify the authenticity of
the receiving agency.
Only after verification of requestor's address, purpose, and
authority.
Any electronic device that uses wireless or radio technology
to transmit voice data may be used for transmission of CHRI
when an officer determines there is an immediate need for
this information to further an investigation or there is a
situation affecting the safety of an officer or the general
public.
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Rev. 2011
4.5.3 METHODS OF DISSEMINATION TO NON-CRIMINAL
JUSTICE ENTITIES
Method
Face to Face
Condition
Upon presentation of identification
Mail
Only after verification of requestor's address, purpose, and
authority.
Facsimile
Telephone notification prior to the transmission of
information should be initiated to verify the authenticity of
the receiving agency.
Ex: 911 Center, etc…
4.5.4 OTHER AUTHORIZED DISSEMINATIONS
Georgia criminal justice agencies can request and disseminate CHRI for the
following reasons. (Check the current GCIC Council Rules for cases not covered
below).
•
ATTORNEY ACCESS
 PRIVATE ATTORNEY ACCESS
CHRI from local and GCIC files pertaining to a defendant or witness in a
criminal case may be disseminated to the defendant’s attorney upon
written request to GCIC for each person on which a record is requested.
The criminal defense attorney may obtain this information from GCIC
based on submission of a written request which must contain the type of
the (i.e. State vs. John Doe) and the name and identifying information
(sex, race, date of birth, and social security number) for each person on
which a record is requested.
Written requests should be mailed, faxed or emailed as indicated below:
Criminal History/Identification Services
ATTN: Attorney Request
P.O. Box 370748
Decatur, Georgia 30037-0748
FAX: 404-270-8386
Email: [email protected]
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Rev. 2011
Such disseminations may only be made by GCIC.
 PUBLIC DEFENDERS
Assignment of an ORI number:
enables the Public Defender’s Office to make arrangements with any local
law enforcement agency or court to run criminal history records on their
behalf. Inquiries must contain the ORI of the Public Defenders Office and
are conducted with Purpose Code “L”. Consent of the individual (criminal
defendant or witness) is not required. Agencies should create a system for
audit purposes (i.e. a log) that contains, at a minimum, the criminal
defense attorney’s name, address, type of case (State vs. John Doe), and
the name and identifying information (sex, race, date of birth, and social
security number) for each person for whom a record is requested.
DO NOT disseminate CHRI obtained from GCIC files to defense attorneys on
individuals who are not a defendant or witness, including juveniles.
Access to criminal history record information by attorneys varies depending
upon whether the attorney is requesting information in a criminal or civil
case (refer to the GCIC Operating Manual for further instruction).
•
MILITARY LAW ENFORCEMENT AND COURT MARTIAL
Military law enforcement personnel:
Criminal justice agencies may provide CHRI to military police, criminal
investigative, and intelligence personnel who present authentic
credentials and legitimate criminal justice reasons for the requested
records. Use purpose code C. An Agency Reference Number (ARN)
must be provided.
Pre-employment or security clearance checks are not legitimate reasons
to use purpose code C. (Use purpose code E with a signed consent
form)
Military courts:
Terminal agencies may request CHRI from GCIC for use in military
special court martial and general court martial upon certification by a
military judge that the CHRI requested is required for the administration
of military justice. Use purpose code C. An ARN must be provided.
GCIC Policy Manual
Rev. 2011
•
FEDERAL AGENCIES
Federal law requires all state and local criminal justice agencies to provide the
U.S. Department of State, Office of Personnel Management (OPM), Defense
Investigative Service (DIS), Federal Bureau of Investigation (FBI), and
Central Intelligence Agency (CIA) with CHRI, regarding individuals being
investigated for eligibility to access classified information or for assignment to
sensitive national security duties (GCIC Council Rule 140-2-.04). Use
purpose code E. (A signed consent form is not required)
Agencies must adhere to the following guidelines:
•
•
•
4.6
Verify each requestor's identity by visual inspection of credentials.
The same fee may be charged to these agencies as charged to
non-criminal justice requestors (i.e. private employers).
Applicant fingerprint cards or consent forms are not required.
CITIZENSHIP
Local law enforcement agencies may be asked to fingerprint applicants for U.S.
citizenship. DO NOT request or disseminate CHRI. When the fingerprinting
process is completed, instruct the applicants to return their fingerprint cards to
federal authorities; the FBI will conduct the record checks.
4.7 DEPARTMENT OF FAMILY & CHILDREN SERVICES
•
CRIMINAL
When receiving requests for criminal record checks by DFACS employees
investigating child abuse cases, apply the following guidelines:
•
Use Purpose code C.
•
FBI III replies CANNOT be provided to DFACS. Provide FBI III
replies to law enforcement investigators or the prosecutors’ office
investigating the case in question.
•
Only Georgia records shall be provided to the DFACS requestor.
•
DFACS employees must provide a unique case number for the
Agency Reference Number field (ARN) of CHRI transactions.
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Rev. 2011
•
•
The Attention (ATN) field of CHRI transactions must include the
Name of the DFACS requestor, the acronym DFACS, and the name or
initials of the terminal operator.
CIVIL
When receiving requests for foster care or adoption checks from DFACS
employees, use the following guidelines:
4.8
•
Use purpose code E (a signed consent form or fingerprint card is
required)
•
Provide the Georgia record to the DFACS employee
•
The Attention (ATN) field of CHRI transactions must include the
name of the DFACS requestor, the acronym DFACS, and the name or
initials of the terminal operator
•
DFACS can be referred to their command center for emergency
placement of children to provide a background check using purpose
code X.
ADOPTIONS
Legislation was passed which amended O.C.G.A. § 19-8-16, relating to
investigation by a child-placing agency or other agency to require a petitioner to
submit to a fingerprint based state and national criminal history records check.
Specifically O.C.G.A § 19-8-16(d) was revised to state that the court shall require
the petitioner to submit to the records check.
Fingerprints may be submitted to the GCIC on fingerprint cards or via approved
electronic submissions. The GCIC will forward the fingerprints to the FBI for the
national search.
4.9
CRIMINAL RECORD CHECK FOR NURSING HOME
EMPLOYMENT
Local agencies may provide record checks on prospective nursing home
employees (O.C.G.A. § 31-7-351). This does not include persons employed by
nursing homes prior to the effective date of April 12, 1995. Use the following
guidelines:
GCIC Policy Manual
Rev. 2011
•
Use Purpose Code N (a signed consent form or fingerprint card is
required)
•
Requests shall be processed within a reasonable time not to exceed
three days
•
Fees may be charged which shall be no greater than the cost to process
record checks
•
If an adverse employment decision is made, the employer must notify
the applicant that a criminal background check was made via GCIC,
the contents of the record received from GCIC and the effect the
record had on the employment decision.
4.10 CRIMINAL RECORD CHECK FOR PROVIDERS OF CARE
TO CHILDREN, THE ELDERLY AND PERSONS WITH
DISABILITIES (INCLUDING VOLUNTEERS)
Code Section § 35-3-34.2 authorizes the exchange of national criminal history
record checks on providers of care to children, the elderly, and persons with
disabilities, including but not limited to, volunteers with youth sports
organizations and other youth activities.
The purpose of this code section is to authorize and facilitate, but not require, the
exchange of national criminal history record checks with authorized agencies on
behalf of qualified entities as authorized under federal law.
Requests for national criminal history record checks must be fingerprint based
and submitted directly to GCIC.
Please refer to the GCIC Operating Manual for further information.
4.11 PUBLIC ACCESS TO FELONY CONVICTION RECORDS
Purpose Code P must be used by local agencies when processing requests for
Georgia felony conviction record checks from the public (O.C.G.A. § 35-3-35).
Fingerprint comparison, prior contact with GCIC or consent of the person whose
record is being checked is not required. Georgia CJIS CCH printouts may be
disseminated directly to requestors. A fee may be charged not to exceed $20.00
per request.
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4.12 PUBLIC HOUSING AUTHORITY
Local law enforcement agencies may use Purpose Code H when conducting a
background check for the Public Housing Authority.
•
The Public Housing Authority must have an FBI assigned ORI ending
with the letter Q. The law enforcement agency will use that ORI to
request the criminal history.
•
Only IQ inquiries for criminal history name search from Georgia and
the FBI III files are allowed for this type of request.
•
The local law enforcement agency is authorized to inform the Public
Housing Authority that the applicant may have a criminal history
record indexed in the FBI III file.
•
If the Housing Authority wants to obtain the full NCIC criminal
history record, two applicant fingerprint cards must be submitted
directly to the FBI. The FBI will provide applicant cards, bearing the
housing authority’s ORI number, without cost.
•
If the FBI makes a positive identification, the matching record from
the National Fingerprint File (NFF) will be provided to the Public
Housing Authority. If a negative match is made, the FBI will advise
the Public Housing Authority that the subject has no criminal history
record on file.
The option of using Purpose Code E with a signed consent form or fingerprint
cards for a Georgia record has not changed as a result of this federal law.
4.13 PROTECTION ORDER FILE
Judges issue Protection Orders to prevent acts of domestic violence, prevent a
person from stalking another person, prevent a person from intimidating another
person and prevent a person from harassing another person. Judges in Civil
Courts and Criminal Courts issue the Protection Orders.
•
Use Purpose Code D* for Stalking and Domestic Violence for
Civil/Criminal Court Cases only.
•
Use Purpose Code C for Stalking and Domestic Violence for
Criminal Investigations only.
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*Using Purpose Code D will not include First Offender information in records
that have been sealed by the state. Purpose Code D is valid with court ORIs only.
4.14 CRIMINAL RECORD CHECKS ON LAW ENFORCEMENT
OFFICERS FOR FAMILY VIOLENCE BACKGROUND
It is unlawful for any person convicted of a “misdemeanor crime of domestic
violence” to ship, transport, possess or receive firearms or ammunition, including
law enforcement personnel (Federal Code 18-USC, Section 922(g)).
•
To determine continuing eligibility of law enforcement officers to
serve, up to date criminal record checks should be initiated.
•
A consent form is required each time a record check is made unless the
individual has signed a consent form permitting the agency to request
a check at any time during their employment.
•
Use Purpose Code Z (for certified personnel only).
Refer to Appendix A for an example of the consent form for law enforcement
officers.
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CHAPTER 5
CJIS SECURITY PASSWORDS & STANDARDS
5.1
CJIS NETWORK SECURE PASSWORDS
As the CJIS Systems Agency (CSA) for Georgia, GCIC is required to ensure
passwords used for authentication (mechanisms or processes that verify users
once they are uniquely identified) follow the secure password attributes when
communicating with the GCIC CJIS network and comply with the FBI CJIS
Security Policy.
GCIC requires secure password attributes, which means that users must now
follow the strong password construction guidelines when replacing passwords that
have expired.
A document detailing the secure password attributes can be found on the GCIC
website: http://gcicweb.gbi.state.ga.us/cjis/ori/
5.1.1 LOCAL CRIMINAL JUSTICE AGENCIES
Local criminal justice agencies are similarly required to authenticate users,
specifically from remote devices such as mobile units in vehicles. Authentication
of each user’s identity can be a user ID and unique password combination
implemented at the local agency (CJIS Security Policy, June 2007, Version 4.4,
7.0 Technical Security, 7.4 System Logon, 7.4.2 Authentication/Password, and
7.4.2.1 Introduction). The same secure password attributes apply to wireless
(mobile) devices. Additionally, these passwords must change at least once every
ninety (90) days.
GCIC requires each agency to adhere to the following guidelines in the FBI CJIS
Security Policy:
•
•
•
•
•
•
Passwords shall be a minimum of eight characters on systems produced
after September 30, 2005, and on all systems by September 30, 2010
Passwords shall not be a dictionary word or proper name
Passwords and the user ID shall not be the same
Passwords shall be changed at least every 90 days
All systems procured after September 30, 2005 shall prevent password
reuse of the last ten passwords
Passwords shall not be transmitted in the clear outside the secure domain
(CJIS Security Policy, June 2007, Version 4.4, 7.0 Technical Security, 7.4
System Logon, 7.4.2 Authentication/Password, 7.4.2.3 Passwords).
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The authentication strategy implemented by local criminal justice agencies
shall be part of the GCIC audit for policy compliance. GCIC auditors will
emphasize this area on audits to ensure agencies are in compliance.
5.2
PERSONNEL SECURITY SCREENING STANDARDS
GCIC is required to establish policy for screening criminal history records of:
• Local criminal justice agency personnel who have authorized access to
FBI CJIS systems and
• Those who have direct responsibility to configure and maintain computer
systems and networks with direct access to FBI CJIS systems.
The CSA/GCIC is required to establish procedures to review an individual’s
criminal history record prior to granting systems access to that individual. The
CJIS Security Policy states:
a.
To verify identification and state of residency, a national
fingerprint-based record check shall be conducted within thirty
(30) days upon initial employment or assignment for all personnel
who have authorized access to FBI CJIS systems and those who
have direct responsibility to configure and maintain computer
systems and networks with direct access to FBI CJIS systems.
Federal entities bypassing state repositories in compliance with
federal law may not be required to conduct a state fingerprintbased record check. All requests for systems access shall be made
as specified by the CSO (CJIS Systems Officer/GCIC Director).
The CSO, or their official designee, is authorized to approve CJIS
systems access. All official designees to the CSO shall be from an
authorized criminal justice agency.
b.
If a felony conviction of any kind exists, the hiring authority in the
Interface Agency may ask for a review by the CSO in extenuating
circumstances where the severity of the offense and the time that
has passed would support a possible variance.
c.
If a record of any other kind exists, systems access shall not be
granted until the CSO or his/her official designee reviews the
matter to determine if systems access is appropriate. (CJIS
Security Policy, June 2007, Version 4.4, 4.0 Security
Enforcement, 4.5 Personnel Security, 4.5.1 Personnel
Background Screening for Systems Access and Computer
Terminal/Records Storage Areas Access).
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Rev. 2011

Each criminal justice agency must designate an individual to make a
decision concerning FBI CJIS systems access. This person will serve as
an official designee to the CSO and have the authority and responsibility
to review an individual’s complete criminal history record and decide
whether to allow FBI CJIS systems access based on the information
contained in the criminal history record.

When a felony conviction exists, the CSO requires an agency to initially
deny FBI CJIS systems access. In extenuating circumstances, and where
the offense type and/or sufficient time have passed to support a possible
variance, the agency hiring authority can ask for a review by the CSO.

Guidance regarding non-felony convictions may be found in GCIC
Council Rule 140-2-.09 (2) Personnel Security Standards, which states
“Criminal justice agencies, governmental dispatch centers and other
governmental agencies handling criminal justice information shall
disqualify applicants who have convictions of sufficient misdemeanors to
establish a pattern of disregard for the law. If the applicant appears to be a
fugitive or have an arrest history without conviction for a felony or serious
misdemeanor, the Director or criminal justice agency head, or his/her
official designee, will review the matter and decide if access/employment
is appropriate”.

Local criminal justice agency heads must designate an individual who is
responsible for reviewing criminal history information and approving FBI
CJIS systems access.
GCIC auditors will emphasize this area on audits to ensure agencies are in
compliance.
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CHAPTER 6
CJIS NETWORK OPERATIONS
6.1
MESSAGE RETENTION
GCIC logs and retains all transmissions sent or received by or through Georgia
CJIS network devices for four years.
Agencies must destroy all printouts generated by CJIS terminals when no longer
needed. Agencies must use a secure destruction method, such as shredding or
burning. Destruction must be handled or supervised by criminal justice agency
employees. As long as a case is active and an entry still exists in GCIC/NCIC
files, terminal printouts associated with that case must remain with the case file
until the record is removed. Other than providing supporting documentation for
active case files, GCIC does not prescribe local agency retention limits for any
CJIS network terminal printouts.
6.2
UNAUTHORIZED MESSAGES
CJIS network terminals are for official criminal justice and public safety message
business only. The GCIC Deputy Director reports violations to agency heads.
6.3
AUTHORIZED MESSAGES
Record Transaction Messages:
These messages access files maintained by GCIC, NCIC, Nlets, other state
repositories, and/or other agencies whose computerized records are
available to criminal justice and public safety agencies. These messages
have prescribed formats and message keys which are described in the
GCIC Operating Manual. A copy of the manual should be available for
use at each terminal directly connected to the CJIS network. Interface
agencies must provide manuals, which conform to GCIC requirements.
Administrative Messages:
Administrative messages can be sent to other criminal justice agencies in
Georgia or elsewhere in the U.S., Canada, or other foreign countries
through INTERPOL. Instructions are described in the Data
Communications section of the GCIC Operating Manual.
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6.4
ADMINISTRATIVE MESSAGES
Administrative messages are for official criminal justice and public safety
purposes only. Administrative messages may be sent:
•
•
•
•
•
to one terminal only
to groups of terminals
as area broadcasts
as statewide broadcasts
as nationwide broadcasts
DO NOT use administrative messages for the following purposes:











•

Personal or private interests
Social Announcements
Recruitment of Personnel
Messages in which the victim is only interested in the recovery of
property
Attempts to locate a person WITHOUT a warrant
Messages of excessive length
Subpoenas
Curiosity
Political or Labor activities
Messages relating to requests for information concerning salary,
uniforms, or personnel
Hit Confirmation requests and responses (YQ/YR)
Messages relating to the advertisement or sale of equipment
Messages regarding wanted subjects or vehicles if they can be
entered into GCIC/NCIC
Note: Per NCIC guidelines it is not mandatory for other states to use the YQ/YR
format for the HIT Confirmation process. If an agency receives an AM
message within the designated time frame in lieu of the expected YR, a second
request is not necessary. The AM is recognized as a substantive response by
NCIC from other states.
Transmitting unauthorized terminal messages is strictly prohibited.
6.5
GEORGIA AND NATIONAL BROADCASTS
A Georgia and/or National Broadcast message can be received by multiple
agencies within a particular region. See the Data Communications section of the
GCIC Operating Manual for Region Broadcast Codes.
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Rev. 2011
DO NOT use broadcast messages for the following purposes:




Attempt-to-Locate Messages.
Messages regarding wanted/missing subjects or vehicles if they
can be entered into GCIC/NCIC.
Messages on runaways if they can be entered into GCIC/NCIC.
Messages relating to requests for information concerning salary,
uniforms, personnel, or related items that can be routinely obtained
by correspondence or means other than statewide or national
broadcasts.
Georgia and National broadcast restrictions may be waived when:



6.6
A record cannot be entered into GCIC/NCIC files.
Important additional information exists that cannot be entered into
the record in GCIC/NCIC files.
A serious threat exists to law enforcement officers or other persons
who may encounter the subject without warning.
HOT FILE ENTRY ACCESS
Terminal agencies must comply with the Hit confirmation procedures on a 24hour basis before GCIC will authorize record entries. If an agency’s terminal is
not monitored at all times, the agency must have a service agreement with another
agency to provide continuous coverage.
6.7
HIT CONFIRMATION POLICY
6.7.1 HIT MESSAGE DEFINITION
These messages indicate that information contained in an inquiry may match one
or more GCIC/NCIC hot file records.
6.7.2 PROBABLE CAUSE
A GCIC/NCIC Hit may not, by itself, be probable cause for arrest of an
individual, seizure of property or detaining a missing person. You must first
receive confirmation from the originating agency that the record is current and
valid, verifiable identification of the subject or property, and the age of the record
returned in response to your inquiry.
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6.7.3 HIT CONFIRMATION REQUEST
A hit confirmation request is a process that must be initiated by the inquiring
agency, after receiving a positive hit response. Whenever the information in a
response describes the person or property in question and the inquiring agency has
control of the person or property, you must contact the entering agency by using
message key YQ.
The purpose of the hit confirmation process is to determine if the record in the hit
response is current and valid and to alert the originating agency to the location of
the person or property described in the GCIC/NCIC record. Hit Confirmation
requests and responses must be included with the record entry documentation.
There are two levels of priority allowed when requesting a hit confirmation:
Urgent - Within 10 minutes.
When a hit is the only basis for detaining a suspect, or the nature of a
case requires urgent confirmation of a hit, the highest level of priority is
specified.
Routine - Within 1 hour.
Used when the person or property is being held on local charges or when
an urgent confirmation is not required.
Priorities are always established by the agency requesting confirmation and
are a required field for all hit confirmations.
When an extradition limitation is in the miscellaneous field and the agency
finding the wanted person is outside the area of geographic extradition
indicated, the record does not need to be confirmed and the record should not
be located.
6.7.4 HIT CONFIRMATION RESPONSE
A response time to a Hit Confirmation request is based on the PRI (Priority
Designation) used by the requesting agency.
You must respond in one of the following ways:
Confirm the Hit: Advise the requesting agency that the information included in
the record in question is accurate, current, and valid.
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Deny the Hit: Advise the requesting agency that the information included in the
hit message is no longer valid or that it does not match the information your
agency has on file. If it is no longer valid, it must be cancelled immediately.
More time is needed: If more time is needed to obtain or review the case file in
order to determine the validity of the record, respond to the requesting agency
specifying the amount of time needed. (Keep in mind, however, that if the request
is Urgent that the request may be the only basis for detaining a suspect).
Note: Per NCIC guidelines it is not mandatory for other states to use the YQ/YR
format for the HIT Confirmation process. If an agency receives an AM
message within the designated time frame in lieu of the expected YR, a second
request is not necessary. The AM is recognized as a substantive response by
NCIC from other states.
6.7.5 FAILURE TO RESPOND TO HIT CONFIRMATION
REQUESTS
When an agency fails to respond to a hit confirmation request the risk of injury to
law enforcement officers and liability for law enforcement agencies increases.
The following procedures are established to ensure compliance with GCIC’s
policies and procedures for responding to hit confirmation requests.
•
GCIC will monitor network activity and record all incidents of hit
confirmation failure.
•
When a significant pattern of hit confirmation failure is found within
an agency, written notification will be sent to the agency head from the
GCIC Deputy Director requesting a written response within 30 days on
what actions have been or will be taken to resolve the problem.
•
Continuing problems will result in formal notification to the GCIC
Council with recommendation for sanctions as prescribed in GCIC
Council Rules.
•
Possible sanctions include purging of GCIC/NCIC Wanted/Missing
Person, Protection Order, Gang, and Stolen Property records,
restricting access to specific GCIC/NCIC files, and the
suspension/revocation of access to the Georgia CJIS Network.
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6.8
•
Agency heads will receive written notification of all formal sanctions
to be taken.
•
All correspondence will become part of an agency audit file and will
have a direct bearing on their compliance with GCIC/NCIC audit
standards.
HELP FILE
Help files are to assist criminal justice and public safety agencies interpret
information received from in-state and out-of-state files. To determine which
states and federal agencies maintain Help files, inquire into the Nlets Help file.
For inquiry procedures refer to the GCIC Operating Manual, Data
Communications Section.
6.9
WEATHER INFORMATION DEFINED
Weather inquiries provide information regarding severe road conditions and travel
advisories in participating states. For inquiry procedures refer to the GCIC
Operating Manual, Data Communications section.
6.10 AGENCY INFORMATION
An agency's address and telephone number are available by inquiring into the
CJIS network. You can inquire by city, county or ORI of the agency. For inquiry
procedures refer to the GCIC Operating Manual, Data Communications section.
Only GCIC can make changes to agency name, address, telephone number, FAX
number and ORI for agencies in Georgia. Terminal Agency Coordinators must
notify GCIC if any changes need to be made to their agency’s listed contact
person, telephone number, FAX number, street address, and mailing address if
different from the street address.
6.11 ORIGINATING AGENCY IDENTIFIER (ORI) NUMBER
REQUEST AND DISSEMINATION PROCEDURES
The Originating Agency Identifier (ORI) is a nine-character identifier assigned by
the FBI Criminal Justice Information Services (CJIS) staff to a criminal justice
agency which has met the established qualifying criteria for ORI assignment. The
ORI is used to identify the agency in transactions on the NCIC system or in
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Rev. 2011
criminal history source document submissions. In addition, it is used to validate
criminal history record requests and route criminal history record responses.
ORI numbers are also assigned by FBI CJIS staff to non-criminal justice
governmental agencies authorized by state statute to submit fingerprints for FBI
criminal history record checks for employment or licensing purposes. Each
applicant fingerprint submission must contain the authorized agency’s FBI
assigned ORI.
FBI assigned ORIs are not confidential and may be released to any
employing/licensing entity for the purpose of conducting a fingerprint-based
criminal history record check. The agency making a fitness determination must
provide its ORI to an applicant when the applicant goes through the Georgia
Applicant Processing Service (GAPS) for a fingerprint-based state and national
criminal history record check.
ORI Request Process
Criminal justice agencies – The agency head must submit a written request, on
agency letterhead, to GCIC. Each request shall include: official agency name,
name and title of agency head, contact name (if different from agency head),
telephone number, facsimile number, mailing address, physical address/location
(if different from mailing address) and hours of operation. A newly created
agency must also provide copies of authoritative statutes, ordinances and duties.
Non-criminal justice agencies – The agency head or designee must submit a
written request, on agency letterhead, to GCIC with a brief description of services
provided. Additionally, the request must state whether the agency is requesting
an ORI to conduct FBI fingerprint-based record checks under the authority of 1) a
specific state law (O.C.G.A.) that is a FBI approved Public Law (Pub. L.) 92-544
statute or 2) federal authority [such as the Adam Walsh Child Protection and
Safety Act or the National Child Protection Act/Volunteers for Children Act
(NCPA/VCA)]. Further information may be necessary for ORI requests to
conduct FBI record checks under federal authority.
The Assistant Deputy Director (ADD) of Information Services or a designee will
review each request for agency qualification and required documentation.
Requests meeting the qualification and documentation criteria are forwarded to
the FBI CJIS Division for ORI assignment. If a request does not meet the criteria,
the ADD or a designee will contact the agency and explain what is needed to gain
approval or why the agency does not qualify for an ORI.
Written notification of ORI assignment will be sent to each agency. The agency
head of each new or re-activated criminal justice agency will receive an
information packet with a copy of all current GCIC Operations Bulletins, the
Rules of the GCIC Council and a GCIC Awareness Statement. Non-criminal
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Rev. 2011
justice agencies will receive a copy of the Rules of the GCIC Council and a GCIC
Awareness Statement.
Contact information for the ADD of Information Services is:
Neil Gerstenberger
P.O. Box 370808
Decatur, GA 30037-0808
6.12 MESSAGE RETRIEVAL DEFINED
The System Retrieval Program (SRP) retrieves a CJIS network message received
by your terminal within the past 48 hours (LEMS) and 14 days (LEMS/JX) with
the capability of sending the message to another Georgia CJIS network device.
The LEMS Retrieval Program (RET) retrieves a message received by your
terminal within the past 24 hours (LEMS) and 14 days (LEMS/JX). (Refer to the
GCIC Operating Manual, Data Communications).
The message retrieval program must not be used to transmit criminal history
records to other CJIS network terminals.
6.13 HAZARDOUS MATERIALS INFORMATION (HAZMAT)
DEFINED
Information on handling hazardous materials is available through CJIS network
terminals by performing an inquiry into the Hazardous Materials (HAZMAT) file.
To identify the materials being transported, use the four-digit identification code
found on the diamond-shaped sign attached to the vehicle or railroad car (refer to
the GCIC Operating Manual, Data Communications).
6.14 GCIC/NCIC DATA FILES
The following files can only be used for the administration of criminal justice or
as otherwise provided by law:
•
VEHICLE, BOAT AND AIRCRAFT REGISTRATION
The following information is found in these files:

Legal ownership
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


Vehicle identification
Lien holder information
County where tag was issued or is currently registered
Registration inquiries automatically check GCIC/NCIC files to determine if
vehicles, boats or aircraft have been reported as stolen.
Questions regarding information in these files should be directed to the
appropriate state or federal agency.
•
DRIVER’S LICENSE
Driver’s License registration and history information on all persons licensed
to operate vehicles in Georgia and in other states is available through the CJIS
network. Driver’s license inquiries automatically check GCIC/NCIC files to
determine if subjects are wanted, missing, on probation or parole, a registered
sex offender, or if a protection order is in NCIC files.
Inquiries using name, sex, and date of birth have a greater chance of
producing a positive Hit response from the persons file than inquiries by the
Operator’s License Number (OLN).
Effective July 1, 2006, local fire departments or law enforcement agencies are
allowed to use the Georgia Crime Information Center (GCIC) Criminal Justice
Information System (CJIS) network to obtain an individual’s Georgia driver’s
history record as part of an application for employment or, for use relative to
the performance of an employee’s official duties (O.C.G.A. § 40-5-2).
Law enforcement agencies may continue accessing the Driver’s License
database for investigations or prosecutions of alleged violations of law as
authorized in O.C.G.A. § 40-5-2(c)(1)(D) (Please refer to GCIC Operations
Bulletin 2007-08).
The Georgia Department of Driver Services (DDS) provides on-line access to
its driver history file for legitimate criminal justice use only.
Refer Driver’s History requests for purposes other than criminal justice to the
Georgia DDS:
Georgia Department of Driver Services
P.O. Box 80447
Conyers, Georgia 30013
Telephone: (678) 413 - 8400
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•
GEORGIA PAWN SHOP INVESTIGATION FILE
Local pawn ticket information can be entered into a centralized Pawn Shop
System. This information is available to all Georgia law enforcement agencies that
have full authority (enter, modify, clear and cancel records) and are authorized to
access Criminal History Record Information.
•
SEXUALLY VIOLENT OFFENDER REGISTRY (SVO)
The Georgia Bureau of Investigation is responsible for maintaining the SVO
Registry (O.C.G.A. § 42-1-12). This responsibility gives GBI the right to
establish all policies and procedures that relate to the SVO Registry.
The Department of Corrections and the State Board of Pardons and Paroles
enters information pertaining to sex offenders who are released from prison or
placed on probation, parole, or supervised release. A terminal message is
generated to the Sheriff of the county where the offender resides and the
offender has 72 hours from the date of registration to report to the Sheriff’s
Department.
•
NCIC PROTECTION ORDER FILE (POF)
Protection Orders include injunctions or any other orders issued for the
purpose of preventing violent or threatening acts or harassment against, or
contact or communication with, or physical proximity to, another person.
Included are temporary and final orders issued by civil or criminal courts
(other than support or child custody orders), in response to a complaint,
petition, or motion filed by or on behalf of a person seeking protection.
Procedures are set forth in the NCIC Operating Manual.
•
U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)
LAW ENFORCEMENT SUPPORT CENTER
The Immigration and Naturalization Service (INS) Law Enforcement
Support Center (LESC) provides timely information on aliens suspected of
criminal activity; and the status information of aliens under arrest.
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•
OUT-OF-STATE PAROLE, PROBATION AND CORRECTIONS
This file is used to request out-of-state parole, probation and corrections
information on a subject.
•
GANG FILE
The National Crime Information Center (NCIC) Gang File has been designed
to provide identifying information about violent criminal gangs and members
of those gangs to law enforcement personnel. This information serves to warn
law enforcement officers of the potential danger posed by violent individuals
and to promote the exchange of information about gangs and members to
facilitate criminal investigations.
Because the Gang File information is based, in part, on investigative
information not previously subject to independent judicial review, strict
adherence to policy on the security, use, and dissemination of Gang File
information is necessary.
Gang File information is exclusively for the use of criminal justice agencies
for criminal justice purposes. In no case should Gang File information be
disseminated to any noncriminal justice agency.
•
KNOWN OR APPROPRIATELY SUSPECTED TERRORIST (KST)
FILE
Based upon Homeland Security Presidential Directive-6 signed in September
2003, the Terrorist Screening Center (TSC) was established to consolidate the
Federal Government's approach to terrorism screening and to provide for the
appropriate and lawful use of terrorist information in the overall screening
process.
The TSC alone has the authority to enter and update a record for an individual
who has been nominated as a known or appropriately suspected terrorist
subject to the TSC.
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•
HOT FILES
GCIC and NCIC maintain files for use by criminal justice and other
authorized agencies. These files are created and updated by CJIS network
terminal agencies.
With the amendment to O.C.G.A. 35-3-36 (e): All persons in charge of law
enforcement agencies shall submit to the center detailed descriptions of arrest
warrants and related identifying data for all felonies and for the
misdemeanors and violations designated in subparagraph (a)(1)(A) of
Code Section 35-3-33 immediately upon determination of the fact that the
warrant cannot be served for the reasons stated. If any such warrant is
subsequently served or withdrawn, the law enforcement agency concerned
must immediately notify the center of the service or withdrawal. In addition,
the agency concerned must annually, no later than January 31 of each year,
and at other times if requested by the center confirm to the center all such
arrest warrants of this type which continue to be outstanding.
Refer to the NCIC manual for more information on NCIC Warrant Entries
Procedures are set forth in the GCIC and NCIC Operating Manuals.
6.15 EXTRADITION
Extradition limits indicate the distance the originating agency will travel to return
a wanted person arrested by another agency.
The entering agency should determine whether the Prosecutor will initiate
extradition proceedings if the subject is arrested in another state, prior to entering
a wanted person record in NCIC.
If a wanted person will be extradited from some, but not all states, the entering
agency must enter the geographic limitations of the extradition in the
Miscellaneous field along with the appropriate extradition code (EXL).
(example; will not extradite from west of the Mississippi).
In instances where an agency is absolutely certain that the wanted person will not
be extradited, the individual's record may be entered in NCIC with the appropriate
extradition code.
When a Georgia agency enters a record and another state refuses to permit the
extradition, modify the EXL field and miscellaneous field of your record to
indicate the state will not honor extradition.
A Detainer Warrant is an official notice from one Law Enforcement agency to
another requesting that an individual wanted by the first agency, but subject to the
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Rev. 2011
second agency’s jurisdiction, not be released or discharged without first notifying
the wanting (or first) agency and giving it an opportunity to respond.
Only Wanted Person File records in located status may receive detainer
information. When a wanted person is found within the extradition area and the
inquiring agency receives a positive inquiry response, confirms that the warrant is
outstanding, and authorizes extradition, that agency must perform a locate
transaction to place the record in located status. (Place a locate only when the
individual is found within the extradition area).
*If the locating agency intends to hold the individual on local charges, the locate
transaction should indicate detention by placing DETN (detention) in the
Extradition (EXT) Field.
*Located records containing NOEX cannot have detainers appended to them.
Procedures are set forth in the NCIC operating manual.
6.16 CAUTION INDICATORS
Caution Indicators assist agencies in quickly determining if wanted/missing
persons are:
00 = Armed and Dangerous
60 = Allergies
05 = Violent Tendencies
65 = Epilepsy
10 = Martial Arts Expert
70 = Suicidal
15 = Explosive Expertise
80 = Medication Required
20 = Known to abuse drugs
85 = Hemophiliac
25 = Escape Risk
90 = Diabetic
30 = Sexually Violent Predator – Contact ORI for Detailed Information
40 = International Flight Risk
50 = Heart Condition
55 = Alcoholic
01 = Other (Explain in MIS Field)
Use caution indicators to enter a wanted or missing person record when potential
danger to the apprehending officer exists.
6.17 TEMPORARY FELONY RECORDS
A Temporary Felony record entry in NCIC files permits prompt action on
suspected felons meeting the following criteria prior to the issuance of a warrant:
GCIC Policy Manual
Rev. 2011
•
•
•
Subjects who have committed a felony.
Subjects who an officer has reasonable grounds to believe have
committed a felony.
Subjects who may be seeking refuge by fleeing across jurisdictional
boundaries while circumstances prevent the immediate issuance of a
warrant.
A warrant for the arrest of the individual must be obtained as soon as possible and
the temporary felony wanted person record message key field must be modified to
a permanent wanted person record entry. Temporary felony records are
automatically removed after 48 hours.
6.18 MISSING PERSONS
When persons of any age are reported as involuntarily missing, missing and
endangered, missing and disabled or missing as disaster catastrophe victims,
follow these guidelines:
Before entry, obtain documentation that supports NCIC record entries, such as:
•
Official police report of a missing person
•
Written statements from a physician or other authoritative source
verifying the missing person's physical or mental disability.
•
Written statements from a parent, legal guardian, next of kin, or other
authoritative source advising that the persons are missing under
circumstances indicating that his/her physical safety may be in danger.
•
Written statements from a parent, legal guardian, next of kin, or other
authoritative source advising that the missing persons' disappearance
was not voluntary.
•
Anyone under the age of 21 should be entered within two hours after
enough information is obtained to complete an entry per Federal Law
and NCIC Policy.
AMBER ALERT (LEVI’S CALL)
NCIC has implemented the capability to flag a missing person record associated
with an AMBER ALERT (in Georgia, LEVI’s CALL). Once determination has
been made that an AMBER ALERT (LEVI’s CALL) will be issued, agencies may
enter the missing person using either message key EMI, EMIC, EME or EMEC
with the Missing Person (MNP) code AA. To place AA in the MNP field, the
missing person’s age should be less than 18 years. Use of the AA code will
generate a $.8. AMBER ALERT notification to the National Center for Missing
GCIC Policy Manual
Rev. 2011
and Exploited Children (NCMEC) and the FBI. In addition, hit responses will be
preceded by the following:
*****AMBER ALERT*****ISSUED FOR NIC/MICXXXXXXXXX*****AMBER ALERT

If the missing person is already entered in NCIC when the decision to use
an AMBER ALERT OR LEVI’S CALL is made, the record can be
modified by changing the MNP to AA. This capability already exists and
is operational for the majority of Georgia agencies (agencies with direct
access using GCIC LEMS formatted screens).

NCMEC has agreed to place the AA code in the NCIC records for those
agencies still needing to initiate internal programming and/or edit changes
to allow for the new code. Agencies unsure if they already have this
capability should contact their IT personnel and/or vendor.

For agencies without this capability, for the NCMEC to place the AMBER
ALERT (AA) code in an NCIC record, the agency must have already
entered the missing person record in NCIC using message keys EMI,
EMIC, EME or EMEC with MNP/CA. Contact the NCMEC at 1-800THE-LOST (1-800-843-5678), and provide the child’s name exactly as
entered in NCIC and the NIC number. The NCMEC will perform a
modify transaction to change the MNP/CA to AA. The NCMEC is staffed
twenty-four hours a day, seven days a week (24/7).
*To initiate an AMBER ALERT (LEVI’S CALL) contact the GBI 24 hour
communications center at 404-244-2600.
6.18.1 RUNAWAY JUVENILES (LESS THAN 21 YEARS OF AGE)
Note: Per Federal Law and NCIC Policy, when agencies receive reports of
missing juveniles, including runaways or any person less than 21 years of age,
the records must be entered within two hours after enough information is
obtained to complete an entry (42 USCS § 5780).
•
Juvenile courts have jurisdiction over these persons.
•
Georgia law enforcement agencies that locate these persons may
detain them without court orders for involuntary return to parents,
guardians, or legal custodians within Georgia (O.C.G.A. § 15-11-17).
GCIC Policy Manual
Rev. 2011
•
Georgia law enforcement agencies which locate such persons from
other states, reported as runaways in other states, may detain them
under provisions of the Interstate Compact on Juveniles (O.C.G.A. §
39-3-2). Upon being detained, any such person is to be brought
before the local juvenile court for processing (O.C.G.A. § 39-3-2).
•
Within sixty (60) days of entry of a missing juvenile, the agency must
attempt to update the record with any available additional
information—specifically medical and dental records for
identification purposes (42 USCS 5780).
Procedures are set forth in the NCIC Operating Manual
6.18.2 RUNAWAY MINORS (LESS THAN 21 YEARS OF AGE)
Note: Per Federal Law and NCIC Policy, when agencies receive reports of
missing juveniles, including runaways or any person less than 21 years of age,
the records must be entered within two hours after enough information is
obtained to complete an entry (42 USCS § 5780).
Because Georgia law does not provide for the forcible detention and return of 17
year old Georgia runaways, include in the miscellaneous field of the record entry
Locate Only - Do not Detain – Contact Agency via administrative terminal
message. This will enable your agency to inform the parents, guardians, or legal
custodians of the location of the person if they are found by other law
enforcement agencies.
•
The Georgia Missing Children Information Center nor GCIC have
been able to determine what Georgia courts, if any, have jurisdiction
over 17 year old Georgia runaways.
•
Georgia law enforcement agencies locating such persons from other
states, reported as runaways in other states, may detain them under
provisions of the Interstate Compact on Juveniles (O.C.G.A. § 39-3-2).
When confirming NCIC hits, determine if appropriate court documents
have been obtained for the detention and return of the person. If so,
those persons are to be brought before the local juvenile court
(O.C.G.A. § 39-3-2). Otherwise, they should not be detained.
GCIC Policy Manual
Rev. 2011
6.19 PERSONS PLACED ON PROBATION OR PAROLE
The Offender Status records enable an arresting agency to identify the probation
or parole officer who should be contacted regarding offenders' arrests or
violations of the conditions of their probation or parole. These records are NOT
Wanted or Missing person records. The name and telephone number of the
appropriate probation or parole officer should be located in the Miscellaneous
field. Georgia Offender Status Records disseminated via the CJIS network are
maintained by the Georgia Department of Corrections.
6.20 VEHICLES ASSOCIATED WITH PERSON RECORDS
A vehicle and/or license plate may be entered as part of a person record provided
the location of the vehicle and/or license plate is unknown and the entering
agency has reasonable grounds to believe that the person may be operating the
vehicle or a vehicle bearing the license plate. Mere knowledge or verification with
the appropriate department of motor vehicles that a vehicle and/or license plate is
registered to the person does not meet the criteria for entry of either or both as
part of the person record.
6.21 U.S. SECRET SERVICE RECORDS
The U.S. Secret Service (USSS) enters records into NCIC on individuals who
may pose a threat to the President and other authorized protectees. When an
agency makes an inquiry and receives a hit on a USSS entry, the agency is
advised that the USSS is interested in the whereabouts of the person in question
and no arrest should be made based on the information contained in the record.
The USSS will also be advised by NCIC of the inquiry on the person in question.
The USSS will initiate the process of any further investigation involving the
person in question.
6.22 CANADIAN ARREST WARRANTS
Canadian-issued warrants are entered and kept current by Canadian criminal
justice officials. Hits on these warrants contain a statement advising inquiring
agencies that no arrests can be made in the United States based on the Canadian
warrants. The inquiring agency must contact the Royal Canadian Mounted Police
to initiate the process for obtaining a U.S. extradition warrant. If the subject of the
record is not a U.S. citizen, the inquiring agency is also directed to contact the
nearest office of the U.S. Immigration and Customs Enforcement (ICE).
GCIC Policy Manual
Rev. 2011
6.23 ARREST OR DETENTION OF FOREIGN NATIONALS
Federal law requires that law enforcement and criminal justice personnel who
arrest and detain an individual, including a juvenile, who is identified as a foreign
national must:
•
Determine the foreign national’s country of origin. Normally this is the
country on whose passport, visa or other documents (i.e. foreign driver’s
license) the individual is traveling.
NOTE: The immigration status of the individual is immaterial.
•

In the absence of evidence (documents or a statement by the individual)
that an individual is a foreign national, it will be assumed that arrestees are
U.S. citizens. A person’s name, skin pigmentation, accent, or lack of
familiarity with the English language is NOT evidence of foreign
nationality.

Consular notification is not required for routine traffic or similar cases
where the foreign national is given a citation and released without being
booked at the jail.
If the foreign national’s country is NOT on the mandatory notification list
below:

Ask, without delay, the foreign national if he or she wants to have the
consulate or embassy of his or her country notified of his or her arrest.

If the foreign national asks for consulate or embassy notification, notify,
without delay, the nearest consulate for the individual’s country of the
arrest and detention. (This may be done by phone but FAX is better,
especially if the arrest occurs outside of normal business hours. A listing
of the phone and FAX numbers for foreign consulates in Georgia may be
obtained from the Prosecuting Attorneys’ Council of Georgia. The U.S.
Department of State maintains a listing for all foreign consulates in the
U.S. on their web site:
http://www.state.gov/www/travel/consular_offices/fco_index.html

•
If the foreign national does NOT want the consulate notified, document
that fact in writing in the case file. If the consulate IS contacted, keep a
written record of the date and time of the contact.
If the national is from the following countries, notification is mandatory
regardless of the wishes of the arrestee.
GCIC Policy Manual
Rev. 2011
Albania *
Antigua
Armenia
Azerbaijan
Bahamas
Barbados
Belarus
Belize
Brunei
Bulgaria
China (Peoples Republic) **
Costa Rica
Cyprus
Czech Republic
Dominican
Fiji
Gambia
Georgia
Ghana
Grenada
Guyana
Hungary
Jamaica
Kazakhstan
Kiribati
Kuwait
Kyrgyzstan
Malaysia
Malta
Mauritius
Moldova
Mongolia
Nigeria
Philippines
Poland
Romania
Russian Federation
St. Kitts/Nevis
St. Lucia
St. Vincent/Grenadines
Seychelles
Sierra Leone
Singapore
Slovak Republic
South Korea
Tajikistan
Tanzania
Tonga
Trinidad/Tobago
Turkmenistan
Tuvalu
Ukraine
United Kingdom****
U.S.S.R ***
Uzbekistan
Zambia
*
Arrangements with these countries provide that U. S. authorities shall
notify responsible representatives within 72 hours of the arrest or
detention of one of their nationals.
**
When Taiwanese nationals (who carry Republic of China passports) are
detained, notification should be made to the nearest office of the
Coordination Council for North American Affairs, the unofficial entity
representing Taiwan’s interests in the United States.
***
All U.S.S.R. successor states are covered by this agreement. They are:
Armenia, Azerbaijan, Belarus, Georgia, Tajikistan, Turkmenistan,
Ukraine, and Uzbekistan.
****
British dependencies are also covered by this agreement. They are:
Anquilla, British Virgin Islands, Bermuda, Montserrat, and the
Turks and Caicos Islands. Their residents carry British passports.
GCIC Policy Manual
Rev. 2011
•
Foreign consular officials have the right under U.S. law to communicate with
and visit their nationals who are held in jail, a YDC or other custody unless
the individual objects to such visits.
For additional information, call the U.S. Department of State at (202) 647-4415,
FAX (202) 736-7559. Telephone inquiries after normal business hours may be
directed to the Command Center of the Bureau of Diplomatic Security at (202)
663-0812.
You may also write to the Office of the Assistant Legal Adviser for Consular
Affairs, U.S. Department of State, Washington, D.C., 20520.
6.24 NCIC FOREIGN FUGITIVE FILE
If an inquiry produces a response from the NCIC Foreign Fugitive File, you must
contact INTERPOL to confirm that the foreign arrest warrant is valid. Do not
arrest a subject based on a hit from the NCIC Foreign Fugitive File until you have
confirmed the warrant information with INTERPOL.
6.25 GUN FILE
Serial-numbered weapons (and accessories) which use an explosive, compressed
air or carbon dioxide to propel projectiles and have been stolen or recovered shall
be entered in this NCIC file.
6.25.1 RECOVERED GUNS
Originating agencies must retain possession of recovered weapons until NCIC
records are removed from the file. If the originating agency loses custody of a
recovered gun, the record must be canceled.
6.25.2 WEAPON SERIAL NUMBER GUIDELINES
Stolen weapons without serial numbers may be entered into the NCIC files if the
following apply:
GCIC Policy Manual
Rev. 2011
•
The weapon has distinct point(s) of identification other than a true
serial number.
and
•
The weapon is connected with a major criminal investigation.
The identification information or reference to the major investigation must be
described in the Miscellaneous field.
6.26 ARTICLE FILE
Stolen articles that can be identified by manufacturers' serial numbers or by unique
owner-applied numbers, which do not meet the criteria of any other NCIC hot file,
shall be entered into the NCIC Article file.
Procedures are set forth in the NCIC Operating Manual and the NCIC Code
Manual.
6.27 BOAT FILE
Stolen boats may be entered into this NCIC file.
Procedures are set forth in the NCIC Operating Manual and the NCIC Code
Manual.
6.28 SECURITIES FILE
Securities identified by unique serial numbers that have been stolen, embezzled or
counterfeited shall be entered into this NCIC file.
6.29 RETENTION LIMITS
The following GCIC records are automatically purged after they have been on file
for the indicated periods of time.
GCIC Policy Manual
Rev. 2011
VEHICLE RECORDS
Record Type
Stolen vehicle entered
with VIN
Stolen vehicle entered
without VIN
Felony vehicle
Remains on File
Balance of current year plus 4 years
Vehicle part
License plate
Recovered/Abandoned
vehicle
90 days
90 days
If the license plate information is entered as
part of a NCIC stolen vehicle record that also
contains the VIN or OAN, the license plate
information will remain in the stolen vehicle
record for the year of entry plus 4 years.
When the License Plate expires, a caveat will
be included in positive responses which will
read:
“Warning – The following stolen vehicle
record contains expired License Plate data.
Use caution, contact entering agency to
confirm status.”
90 days
GUN RECORDS
Record Type
Stolen gun
Lost gun
Recovered gun
Remains on File
Until cleared or canceled
ARTICLE RECORDS
Record Type
Stolen article
Remains on File
Balance of current year plus 1 year
GCIC Policy Manual
Rev. 2011
PERSON RECORDS
Record Type
Wanted person
Remains on File
Missing person
Unidentified person
(dead or alive)
Missing juvenile
Upon the missing juvenile’s 18th birthday,
the record is converted to a missing person
record. Or, until cleared or canceled.
Juvenile warrant
Upon the wanted juvenile’s 18th birthday, the
record is converted to a wanted person
record. Or, until cleared or canceled.
48 hours
Temporary felony
Offender status
Until date of expiration of parole or
probation
BOAT RECORDS
Record Type
Stolen boat
Expiring Registration
Number and/or Year
Non-expiring
Registration Number
and/or year
Remains on File
1 year after expiration
SECURITY RECORDS
Record Type
Stolen/embezzled
security
Travelers checks and
money orders
Remains on file
GCIC Policy Manual
Rev. 2011
PAWN SHOP RECORDS
Record Type
Pawn Shop
Remains on File
Balance of current year plus 1 year
NCIC PROTECTION ORDER RECORDS
Record Type
Active Protection
Order
Remains on File
Until canceled, cleared or Protection Order
expires. When an order is cleared or expired,
it is placed in an inactive (expired) status.
Remainder of year it becomes inactive plus 5
years or until canceled
Inactive Protection
Order
Non-expiring
(NONEXP)
Temporary or
Emergency Orders
Remains active until canceled or cleared
Duration of the order not to exceed 1 year
SEX OFFENDERS
Record Type
Sex Offender
Remains on File
Life
Multiple Offenses Sex
Offender
Aggravated Offense
Sex Offender
Predators
Life
Life
Life
6.30 IDENTIFYING AND CORRECTING HOT-FILE ERRORS
NCIC uses various computer editing procedures and quality control checks to
identify inaccurate records in the system. Errors are classified as serious or
non-serious. This classification determines the type of action taken by GCIC and
NCIC.
GCIC Policy Manual
Rev. 2011
6.30.1 SERIOUS ERRORS
Serious errors cause NCIC to cancel records and send advisory messages to the
entering agencies and to GCIC advising of the cancellations. Refer to the NCIC
Operating Manual for more information on Serious Errors.
6.30.2 NON-SERIOUS ERRORS
When non-serious errors are discovered, NCIC will notify GCIC. GCIC Quality
Control personnel will forward the notification to the originating agency. Refer to
the NCIC Operating Manual for more information on Non-Serious Errors.
GCIC Policy Manual
Rev. 2011
CHAPTER 7
FILE SEARCHES, AUDITS AND SANCTIONS
7.1
OFF-LINE INVESTIGATIVE SEARCHES
Investigating officers often work with fragments of information when attempting
to identify possible felony suspects, missing persons, unidentified bodies,
particular vehicles used in the commission of serious crimes, or stolen/recovered
property. When only partial data is available or data is not available to make
terminal inquiries, an off-line search is possible. When the investigating officer
faces these problems, the ability to develop a list of possible suspects or other
investigative leads can be greatly enhanced by requesting an off-line search
through GCIC.
Both GCIC and NCIC can search their files, and other files available to them,
with only bits and pieces of information assembled by the investigating officer.
Investigating officers are encouraged to call GCIC or NCIC analysts whenever
they believe that an off-line search can produce investigative leads in complex or
high-priority cases.
GCIC needs from thirty minutes to several weeks to provide useful information,
depending on the nature of the request. When the investigating officer has a highpriority case at night or on weekends and cannot wait for normal business hours
for GCIC to begin work on a case, call the GCIC Communications Center, 404244-2770, for on-call information.
For GCIC off-line computerized file searches call 404-270-8421 or 8422. For an
NCIC off-line search call 304-625-3000. Or if you prefer, GCIC will contact
NCIC and arrange an off-line search for you.
7.2
GCIC AUDIT PROCEDURES
GCIC auditors will conduct compliance audits of criminal justice agencies, public
safety agencies, authorities and certain non-governmental CJIS network terminal
agencies to ensure agencies are in compliance with the GCIC Council Rules,
relevant Georgia Code Sections, and pertinent federal statutes and regulations.
CJIS network terminal agencies and interface agencies will be audited at least
once every three years. A representative sample of non criminal justice agencies
will be audited by GCIC as well. A representative sample of non-terminal
agencies will be audited by the GCIC Information Security Office (ISO).
GCIC Policy Manual
Rev. 2011
Heads of agencies to be audited shall receive at least 15 days advance notice of
on-site audits by GCIC’s compliance auditors. Written notifications will identify
all areas of audit program interest and the performance standards to be applied.
Upon completion of each compliance audit visit, GCIC auditors shall discuss their
findings with heads of agencies, Terminal Agency Coordinators, or their
designees. GCIC will recommend strategies for remedial action by audited
agencies to resolve any area of non-compliance. Auditors will provide heads of
audited agencies with written reports which identify areas of compliance, areas of
non-compliance, and other written comments specific to audit assessments. The
Audit Program Manager will also report the results of completed audits to the
Assistant Deputy Director for Compliance and Customer Support and the Deputy
Director.
After completion of the on-site audit, the Agency Head has 30 days to submit a
written response to the auditor of record.
The GCIC Council may impose sanctions recommended by the Deputy Director
of GCIC for agencies with serious compliance deficiencies or for agencies which
have not corrected deficiencies.
7.3
SANCTIONS
For Criminal Justice Agencies:
Agencies are subject to GCIC administrative sanctions for violation of the laws
governing the operation of the CJIS network, the GCIC Council Rules, GCIC
CJIS Security Policy or CJIS network policies published by GCIC.
Sanctions for CJIS network terminal agencies may include, but are not limited to:
purging of Hot File records entered into GCIC/NCIC files, restricting CJIS
network access and suspension/revocation of the agencies’ terminal access to the
CJIS network.
Failure to abide by federal and state laws, federal rules and regulations, and
Georgia Crime Information Center (GCIC) Rules regarding access, use and
dissemination of information available via the Criminal Justice Information
System (CJIS) Network may result in criminal prosecution by the State of
Georgia and/or administrative sanctions by the employing criminal justice agency
and/or GCIC.
1.
All local agencies must have disciplinary procedures that address
violations of GCIC Rules, Georgia law, or federal rules and regulations
relative to the GCIC/NCIC Criminal Justice Information System (GCIC
Rule 140-2-.09).
GCIC Policy Manual
Rev. 2011
2.
The preferred process is for the agency head to take appropriate
disciplinary action against the employee to prevent further policy
violations. Agency heads are encouraged to create an environment of
compliance within their departments by following normal accepted
disciplinary procedures to ensure full compliance by all employees.
3.
If the disciplinary action against an employee is not appropriate for the
violation, GCIC reserves the right to implement additional sanctions on
the individual(s)/agency involved.
4.
The sanctions may include, but are not limited, to:
•
Mandatory retraining and/or recertification of a Terminal Agency
Coordinator (TAC) by requiring attendance at another TAC class
sponsored by GCIC, as well as completing certain parts of the CJIS
workbook even if they are not a certified operator.
•
Mandatory retraining and/or recertification of a terminal operator by
completing an entire workbook or specific portions and passing
another full certification test.
•
Probation or suspension/revocation of operator’s User ID/password or
TAC certification for GCIC access.
•
Mandatory retraining in the form of the completion of another Security
and Integrity Training Update class.
•
After completion of any training, the operator shall read and sign an
updated GCIC Awareness Statement.
5.
If the violation is major, or the individual has had repeated violations, the
GCIC Deputy Director will notify the Peace Officers Standards and
Training (P.O.S.T.) Council of the GCIC violations and request that
P.O.S.T. take action regarding the individual’s certification(s).
6.
If the violation is major, or the agency has had repeated violations, the
GCIC Deputy Director may notify the Georgia Public Safety Board of the
GCIC violations and recommend suspension or termination of the
agency’s CJIS Network Access.
For Non-Criminal Justice Agencies:
Agencies are subject to GCIC administrative sanctions for violation of the laws
governing the operation of the CJIS network, of the GCIC Council Rules, GCIC
CJIS Security Policy or of CJIS network policies published by GCIC. Sanctions
GCIC Policy Manual
Rev. 2011
for noncriminal justice agencies may include, but are not limited to: access and
suspension/revocation of the agencies’ access to the GAPS network.
Failure to abide by federal and state laws, federal rules and regulations, and
Georgia Crime Information Center (GCIC) Rules regarding access, use and
dissemination of information available via the Criminal Justice Information
System (CJIS) Network may result in criminal prosecution by the State of
Georgia and/or administrative sanctions by the employing agency.
1.
All local agencies must have disciplinary procedures that address
violations of GCIC Rules, Georgia law, or federal rules and regulations
relative to the GCIC/NCIC Criminal Justice Information System (GCIC
Rule 140-2-.09).
2.
The preferred process is for the agency head to take appropriate
disciplinary action against the employee to prevent further policy
violations. Agency heads are encouraged to create an environment of
compliance within their departments by following normal accepted
disciplinary procedures to ensure full compliance by all employees.
3.
If the disciplinary action against an employee is not appropriate for the
violation, GCIC reserves the right to implement additional sanctions on
the individual(s)/agency involved.
4.
The sanctions may include, but are not limited to:
5.
•
Removal of authority to access the GAPS network and criminal history
record information.
•
Mandatory retraining in the form of the completion of another Security
and Integrity Training Update class.
•
After completion of any training, the operator shall read and sign an
updated GCIC Awareness Statement.
Individual violators are also subject to criminal prosecution when their
actions constitute violations of applicable state and federal statutes (GCIC
Rule 140-2-.20)
GCIC Policy Manual
Rev. 2011
APPENDIX A
EXAMPLES OF CONSENT FORMS
Georgia Bureau of Investigation
Consent Form
I hereby give my consent for the ___________________________________________________
(criminal justice agency)
to receive any Georgia or III criminal history record information pertaining to me, as authorized
under state and federal law for individuals seeking employment with a criminal justice agency.
_____________________________________________________________________________
Full Name (print)
_____________________________________________________________________________
Address
_____
Sex
_____
Race
__________________
Date of Birth
_________________________
Social Security Number
___________________________________________________
Signature
__________________
Date
---------------------------------------------------------------------------------------------------------------------------Special employment provisions (check if applicable):


Employment with criminal justice agency – civilian (Purpose code ‘J’)
Employment with criminal justice agency – P.O.S.T. certified (Purpose code ‘Z’)
One of the following must be checked:


This authorization is valid for 90/180/_____ (circle one) days from date of signature.
I, _______________________________________________ give consent to the above
named to perform periodic criminal history background checks for the duration of my
employment with this agency.
GCIC Policy Manual
Rev. 2011
Consent Form
I hereby authorize ______________________________________________________________
to receive any Georgia criminal history record information pertaining to me which may be in the
files of any state or local criminal justice agency in Georgia.
_____________________________________________________________________________
Full Name (print)
_____________________________________________________________________________
Address
_____
Sex
_____
Race
__________________
Date of Birth
_________________________
___________________________________________________
Signature
__________________
Date
---------------------------------------------------------------------------------------------------------------------------Special employment provisions (check if applicable):



Employment with mentally disabled (Purpose code ‘M’)
Employment with elder care (Purpose code ‘N’)
Employment with children (Purpose code ‘W’)
One of the following must be checked:


This authorization is valid for 90/180/_____ (circle one) days from date of signature.
I, _______________________________________________ give consent to the above
named to perform periodic criminal history background checks for the duration of my
employment with this company.
GCIC Policy Manual
Rev. 2011
Open Record Request
Felony Convictions
Use Only Purpose Code P
I
request that
(individual requestor’s full name)
Law Enforcement Agency Name
provide me with any felony convictions under O.C.G.A. § 35-3-34 and § 35-3-35
for the below described individual:
Full Name
______
Sex
________
Race
_______________
Date of Birth
______________________
Agency personnel will make this inquiry using only the information provided on
this form and will only use purpose code P.
_________
Date
__________________________________
Requestor’s Name
______________________________
Requestor’s Signature
GCIC Policy Manual
Rev. 2011
Georgia Driver’s History Consent Form
I hereby authorize the ______________________________________________________
(fire department/law enforcement agency name)
to receive a copy of my Georgia driver’s history information as part of my application for
criminal justice employment, or for use relative to the performance of my official duties
with this agency.
_____________________________________________________________________________________
Full Name (print)
_____________________________________________________________________________________
Address
_______
Sex
_________________
Date of Birth
________________________
Driver’s License Number
_________________________________________________________
Signature
_____________________
Date
GCIC Policy Manual
Rev. 2011

THE GEORGIA CRIME INFORMATION CENTER POLICY MANUAL

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