Criminal History Reporting in Missouri CJIS

Missouri Criminal Justice Information System (CJIS)

• Managed by the Missouri State Highway Patrol (MSHP) as the State Central Repository
• A network of local, state, and federal networks and databases designed to collect and provide access to Criminal Justice Information (CJI)

Components of CJIS

• AFIS (Automated Fingerprint Identification System)
• MULES (Missouri Uniform Law Enforcement System)
• NCIC (National Crime Information Center)
• NLETS (International Justice and Public Safety Network)

Criminal Justice Information (CJI)

• All information collected, stored, or disseminated for criminal justice purposes
• Classified into sets:
  • Biometric Data (fingerprints, palm prints, iris scans, facial recognition data)
  • Identity History Data (textual data corresponding with an individual's biometric data, providing a history of criminal and/or civil events)
  • Biographic Data (information about individuals associated with a unique case, and not necessarily connected to identity data)
  • Property Data (information about vehicles and property associated with crime when accompanied by any personally identifiable information)
  • Case/Incident History (information about the history of criminal incidents)

Access to CJIS Systems

• Only law enforcement and criminal justice personnel are allowed direct or logical access to CJIS systems
• Access governed by CJIS Security Policy and NCIC Operating Manual
• User access requires certification and recertification every two years

Policies and Laws Guiding User Access to CJI

• Federal Law:
  • 28 CFR, Part 20 (defines proper use and dissemination of criminal history information)
  • 18 USC, Chapter 123, §2721 (Driver's Privacy Protection Act)
• State Law:
  • RSMo 576.050 (defines allowable usage for criminal justice systems and defines criminal penalty for misuse)
• CJIS Governing Policies Derived from Law:
  • CJIS Security Policy
  • NCIC Operating Manual
  • MULES Policy and Standards Manual
  • Missouri Security Policy

Penalties for Misuse of CJIS and CJI

• Criminal penalties:
  • RsMO 576.050 (use of any criminal justice system for private or personal purposes is a class A misdemeanor)
• Civil penalties:
  • Unlimited damages
  • Liquidated damages of at least $2,500 under the Driver's Privacy Protection Act

The CJIS Criminal History System

• Derived from information submitted with fingerprints at the time of arrest or at other points during the criminal justice process
• Importance of proper charge code use to ensure accurate caution indicators
• Alias and descriptive information must be thorough to ensure accurate information in the criminal history system

Processing by the State Central Repository and the Interstate Identification Index (Ill)

• Fingerprints are submitted to the State Central Repository and then to the Ill

• State Identification Number (SID) and Universal Control Number (UCN) are assigned

• Pointer system tracks what states house information on a given set of prints### Dissemination of Criminal History

• Primary dissemination refers to the sharing of criminal history within a specific department or ORI, with no agency-level logging required if the information is only used locally.

• Secondary dissemination involves sharing criminal history with another qualified recipient, agency, or ORI, and requires logging by the releasing agency, with the log retained for 13 months and subject to audit.

Allowable Dissemination for Civil Purposes

• Release of criminal history information to a non-criminal justice or civil entity must be supported by a specific law, as standard laws prohibit release to a civil recipient.
• Emergency child placement is an exception, where a juvenile authority can request a background check on a subject with whom a child is being placed, with the request facilitated by law enforcement.

Purpose Code X and RSMo 210.482

• Purpose code X is used for emergency child placement requests.
• RSMo 210.482 defines the process for requesting and using criminal history information during emergency child placement.

Dissemination and Usage Scenarios

• Multiple agencies operating in a task force can disseminate CJI agency-to-agency, which is secondary dissemination and requires logging.
• CAD reports must not include CJI when released to Fire and EMS personnel.
• Traffic accident reports released to the public must have CJI redacted.
• Running a check on a private individual, such as a teenager's new boy/girlfriend, is not an allowable use of the criminal justice system.
• Retired officers cannot use the criminal justice system to run checks on unknown vehicles.

Allowable Use of Criminal Justice System

• Courts with an existing terminal agency agreement with the local police department can request criminal history checks on jurors and witnesses for an upcoming criminal case.

CJIS Division

• The Missouri State Highway Patrol CJIS Division is designated as the CJIS Systems Agency (CSA) for the state of Missouri.
• The CJIS Division is responsible for the proper administration of the state system under policy.
• The CJIS Division provides resources, including MULES certification training and Live Scan certification training.

MULES Certification Training

• MULES certification is required for all users with direct access to the system.
• The length of training depends on the level of access.
• Users must recertify every two years.

Live Scan Certification Training

• The Missouri State Highway Patrol provides training and certification for Live Scan operators and local Live Scan trainers.
• Training is scheduled by the employing agency with the MSHP CJIS Division in Jefferson City.