Des Plaines Police Department Policy on LEADS/NCIC PDF

Policy Des Plaines Police Department 426 Des Plaines PD Policy Manual Compliance With LEADS/ NCIC Regulations and Policies 426.1 PURPOSE AND SCOPE The purpose of this policy is to provide compliance with regulations and policies set forth by LEADS and NCIC, and will also provide for disciplinary gui...

Policy Des Plaines Police Department 426 Des Plaines PD Policy Manual Compliance With LEADS/ NCIC Regulations and Policies 426.1 PURPOSE AND SCOPE The purpose of this policy is to provide compliance with regulations and policies set forth by LEADS and NCIC, and will also provide for disciplinary guidelines for violation of LEADS/ NCIC regulations and policies. 426.2 DEFINITIONS LEADS (Law Enforcement Agencies Data System), is provided by the Illinois Department of Law Enforcement as a state-wide computerized telecommunications system designed to provide services, information and capabilities to the law enforcement and criminal justice community in the State of Illinois. NCIC (National Crime Information Center) is the nation-wide computerized hot file system maintained by the Federal Bureau of Investigation in Washington D.C. It allows access to FBI and other state's criminal histories. CHRI (Criminal History Record Information) is data identifiable to an individual and consists of descriptions and notations of arrests, detentions, indictments, information, pre-trial proceedings, trials or other formal events in the criminal justice system. The term also includes descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising there from. These include sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and are not ascertainable or to information that is for criminal investigative or intelligence purposes. Triple III is the acronym for Interstate Identification Index. III is a computerized index designed to allow criminal justice agencies immediate interstate offender identification. Dissemination is defined as the act of informing, advising or releasing information. This act can be accomplished via verbal communication, radio transmission or written documentation. It includes making copies or allowing copies to be made of CHRI, as well as confirming or denying the existence of CHRI information on a subject. 426.3 SECURITY POLICY STATEMENT 426.3.1 PERSONNEL SECURITY Thorough background screening of personnel by the Des Plaines Police Department is required. State and national Triple III record checks by fingerprint identification must be conducted for terminal operators and other persons employed or utilized to effectuate access to, or initiate transmission of LEADS/ NCIC information. Submission of a completed applicant fingerprint card Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Compliance With LEADS/ NCIC Regulations and Policies - 1 Des Plaines Police Department Des Plaines PD Policy Manual Compliance With LEADS/ NCIC Regulations and Policies to the FBI Identification Division through the Illinois Bureau of Identification must occur for each employee as previously described. All record checks will be completed prior to employment. 426.3.2 TERMINAL ENVIRONMENT, LOCATION AND SECURITY The computer site and/ or terminal area must have adequate physical security to protect against any unauthorized personnel gaining access to the computer equipment or any of the stored data. All visitors to any area containing a computer terminal with the capability to access LEADS/ NCIC data must be accompanied by department personnel at all times. Access to the terminal areas should be restricted to the minimum number of authorized employees needed to complete the work. 426.3.3 MOBILE DATA COMPUTER SECURITY All mobile data computers (MDC) will be shut off at the end of the shift, or sooner, if the operator is through using it. Anyone who operates an MDC will completely log off of ALERTS before shutting the terminal off. Any transactions made on an MDC will be considered the responsibility of the operator that is logged on the system. The MDC is positioned in the squad cars to allow the operator to easily view the screen. However, this also makes it possible for citizens outside the squad or in the passenger or back seat to view the screen. It is the responsibility of the operator to ensure that no information is visible to any unauthorized person. It is the responsibility of the operator to see that any vehicle that contains an MDC is closed and locked when unattended, and that information is not left on the screen when unattended. 426.4 GENERAL DISSEMINATION RESTRICTIONS 426.4.1 GENERAL DISSEMINATION The data stored in LEADS/ NCIC is documented criminal justice information and must be protected to ensure correct, legal and efficient dissemination and use. The individual receiving a request for criminal justice information must ensure that the person requesting the information is authorized to receive the data. Dissemination of CHRI via radio is permitted only for the following purposes: To effect immediate identification of an individual. To provide for officer safety. To provide for public safety. The data stored in LEADS/ NCIC is confidential and should be treated accordingly. Any unauthorized request or receipt of NCIC material could result in criminal prosecution. 426.4.2 CRIMINAL JUSTICE PURPOSES ONLY All data supplied through LEADS/ NCIC is to be used strictly for criminal justice purposes. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Compliance With LEADS/ NCIC Regulations and Policies - 2 Des Plaines Police Department Des Plaines PD Policy Manual Compliance With LEADS/ NCIC Regulations and Policies It is a violation of both federal and state law for the LEADS CHRI system to be used for employment or licensing purposes by private agencies, which includes non-criminal justice agencies such as fire departments and villages or towns. Background checks on village or town employees, or liquor license applicants may not be conducted via LEADS. Criminal background checks of these types must be performed through a fingerprint based check with the Illinois State Police, Bureau of Identification. Any request for any Secretary of State record via LEADS shall be for criminal justice purposes only. Foreign states drivers license and vehicle registration information requests via NLETS/ LEADS shall be for criminal justice purposes only. Firearms Owner's Identification (FOID) data is provided by the Department of Law Enforcement to "law enforcement authorities" only. Dissemination of FOID information obtained through LEADS is restricted to peace officers. 426.4.3 PERSONAL USE PROHIBITED It is strictly forbidden to obtain any data through LEADS/ NCIC for personal reasons. 426.4.4 PERSONAL MESSAGES PROHIBITED It is strictly forbidden to transmit messages over LEADS/ NCIC for reasons of personal and/or unofficial communication. 426.4.5 SELLING DATA PROHIBITED It is strictly forbidden to sell any information obtained through LEADS/ NCIC to any individual, group of individuals, organization, government agency or corporation. 426.4.6 UNAUTHORIZED DISSEMINATION PROHIBITED It is strictly forbidden to disseminate any information obtained through LEADS/ NCIC to any individual or organization that is not legally authorized to have access to that information. Triple III, Illinois Criminal History and Computerized Hot File records must be maintained in a secure records environment. Such storage of records will be maintained for extended periods only when the records are key elements for the integrity/ utility of the case files/ criminal record files where they are retained. 426.5 FINAL DISPOSITION OF LEADS/ NCIC INFORMATION When retention of Triple III, Illinois Criminal History records and CHF records is no longer required, final disposition will be accomplished to preclude unauthorized access/ use. Shredding or burning such records are acceptable methods of disposal. 426.6 DISCIPLINE OF POLICY VIOLATORS An unauthorized request or receipt of NCIC material could result in criminal prosecution as stated in the LEADS/ NCIC Security Policy. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Compliance With LEADS/ NCIC Regulations and Policies - 3 Des Plaines Police Department Des Plaines PD Policy Manual Compliance With LEADS/ NCIC Regulations and Policies Any violation of LEADS/ NCIC regulations and policies as stipulated in the Illinois LEADS reference manuals may result in disciplinary action up to, and including, termination. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Compliance With LEADS/ NCIC Regulations and Policies - 4