Criminal Justice Information Systems.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 81.200 CRIMINAL JUSTICE INFORMATION SYSTEMS Revised: May 28, 2019 I. PURPOSE: The purpose of this standard operating procedure is to describe the guidelines regarding employees’ use of criminal justice information systems such...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 81.200 CRIMINAL JUSTICE INFORMATION SYSTEMS Revised: May 28, 2019 I. PURPOSE: The purpose of this standard operating procedure is to describe the guidelines regarding employees’ use of criminal justice information systems such as NCIC/FCIC, PALMS, DAVID, and any other systems that the Department or its employees subscribe to. II. POLICY: It shall be the policy of the Department to comply with all regulations regarding the use of criminal justice information systems. III. PROCEDURE: A. NCIC/FCIC: 1. ACCESS TO INFORMATION SYSTEMS: a. The Department has access to the National Crime Information Center and the Florida Crime Information Center (NCIC/FCIC) in accordance with FSS 943.054 and the PALMS system. i. The Department and its employees will operate the NCIC/FCIC system in accordance with directives as agreed upon with the Florida Department of Law Enforcement (FDLE). ii. All employees of the Department must follow all NCIC/FCIC rules. iii. Misuse of the NCIC/FCIC System will result in disciplinary action up to termination and/or prosecution. b. All criminal justice agencies that have access to NCIC/FCIC system Criminal History Files (CHRI) are subject to the following: i. User agreements between this Department and the Florida Department of Law Enforcement. ii. Federal and State laws, rules and regulations as expressed in the Florida Department of Law Enforcement identifications manual. Effective: March 27, 2014 Revised: May 28, 2019 Criminal Justice Information Systems Directive No. 81.200 Page 1 of 5 iii. FCIC operation manual. c. Only authorized persons will have access to criminal history record information as defined in the FCIC Operating Manual. 2. INFORMATION SYSTEMS ACCESS AND RESPONSIBILITIES: a. Local Agency Security Officer (LASO): i. The LASO or his/her designee shall have the responsibility of maintaining the Department's statewide law enforcement computerized criminal information and crime reporting capabilities. b. FCIC Agency Coordinator (FAC): i. The FAC is responsible for ensuring Department and user compliance with CJIS Policies and Procedures as they relate to FCIC and NCIC. 3. TESTING REQUIREMENTS: a. Line personnel and applicable supervisors whose positions necessitate the use of FCIC/NCIC shall maintain certification in order to have access to the system. b. The tests will be graded through nexTEST and the certificates will be issued immediately through the nexTEST system for all students who achieve a passing score. 4. TRAINING REQUIREMENTS: a. FCIC and NCIC policies require that all personnel operating computer terminals that access data from the FCIC/NCIC system must be certified within six months of employment, then re-certified every two years. b. Until certification is achieved, the following training techniques will be used under the direct supervision of a certified operator: i. Familiarization with the FCIC operating terminal ii. On-The-Job Training iii. Automated Systems Security, if applicable iv. All laws, rules and regulations outlined in the FCIC Operating Manual and the FDLE Identification manual shall be followed when using manual and automated systems Effective: March 27, 2014 Revised: May 28, 2019 Criminal Justice Information Systems Directive No. 81.200 Page 2 of 5 5. USE OF COMPUTERS WITH ACCESS TO NCIC/FCIC: a. Pursuant to FSS 943.054, criminal history information derived from the NCIC/FCIC computer terminal is available to criminal justice agencies for criminal justice purposes only. i. It is mandatory that employees use the NCIC/FCIC terminal only for criminal justice purposes. FCIC rules prohibit access to DHSMV files for other than the discharge of official duties. ii. FDLE. Users shall be certified based on the guidelines established by iii. Until certified, an FCIC/NCIC operator must be supervised by a certified operator. Each operator must maintain certification by successfully completing an FCIC/NCIC recertification test every two years. b. The NCIC/FCIC terminal placement and its users shall adhere to the following security procedures: i. The FCIC terminal will be located in a secure area with limited access. ii. The screen and printer will be positioned in a manner to prevent unauthorized personnel from reading the data. iii. The Teletype terminal is protected by an uninterrupted power supply (UPS) so that the terminal may remain on during inclement weather. iv. When leaving the Teletype console, the operator will log off. v. All operators must log on with their personal code before operating the Teletype computer. vi. The data stored in NCIC/FCIC is documented criminal justice information and access to that data must be restricted to duly authorized criminal justice agencies. vii. Any information gained through usage of the computer cannot be released to the public. viii. Pursuant to Florida State Statute any information obtained from DHSMV (e.g., D/L checks, tag info) cannot be released to anyone other than police personnel or a criminal justice agency. Title, lien, and insurance information are exceptions which can be released to authorized wrecker companies. Effective: March 27, 2014 Revised: May 28, 2019 Criminal Justice Information Systems Directive No. 81.200 Page 3 of 5 c. Criminal history checks can be used for criminal justice purposes only (Federal Privacy Act of 1974). i. Requests from non-criminal justice agencies or for non-criminal justice purposes should be directed to the Florida Department of Law Enforcement. ii. Prior to a criminal history check being released to another law enforcement agency, the individual releasing the record will verify that the receiver of the information has authority to view that information. iii. All criminal history checks released to another law enforcement agency must be logged in the criminal history log showing secondary dissemination of the criminal history, to include the person checked, the purpose, numerical identifiers, operator identification number, the individual receiving the record, the person releasing the record, etc. d. An audit is done by FDLE once every three years to verify compliance with established protocols. e. When the user is finished with the criminal history check, it shall be shredded and not retained in case files. If the information is needed at a later date, the check can be re-queried. B. DAVID (DRIVER AND VEHICLE INFORMATION DATABASE) SYSTEM: 1. Every agency that accesses DAVID must designate a Point of Contact (POC). The POC is responsible for approving, processing, and managing the agency members’ requests for DAVID access. The POC is also responsible for ensuring that agency members are in compliance with the Agreement with DHSMV. a. Users must request access to the system and must be in a position that requires a specific criminal justice purpose to have access to the system. b. The Point of Contact must verify that all information entered by the user is accurate, and the user is in a position to legally have access to the system. c. The user’s Driver’s License (FL) will be queried to verify the user has a valid DL before access is granted. (DHSMV Mandate) d. The Point of Contact will then approve the users request for access to the system. e. Effective: March 27, 2014 Revised: May 28, 2019 An e-mail will be sent to the user advising them of their username. Criminal Justice Information Systems Directive No. 81.200 Page 4 of 5 C. WANTED PERSONS FILES: 1. A warrant and wanted persons file has been established through the Palm Beach County Sheriff's Office (PBSO) computer system (PALMS) in conjunction with the State Attorney's Office per criteria required in FSS 901.04 and FSS 34.13. a. PBSO makes all entries and cancellations to the wanted person file. b. Information received from the system will be verified via Teletype through the PBSO. c. The Department has use of the PALMS computer for inquiries only. 2. Wanted persons and vehicle information are available through the FCIC/NCIC computer terminal. 3. When the Department receives information from another agency concerning an arrest warrant for an individual in the Department’s jurisdiction, the following protocol should be followed: a. Instruct the agency to send a Teletype to the Communications Center with the appropriate information. b. If the warrant is not in the FCIC/NCIC computer, the Teletype operator will request a copy of the warrant from the originating agency. c. Once the warrant information is confirmed, a case number should be requested and a report should be taken as with any other call for service. d. The watch commander should be notified to determine if and when an attempt will be made to locate the subject of the warrant. e. At no time should a warrant be acted on solely on a telephone call. Approved: Daniel C. Alexander Chief of Police Effective: March 27, 2014 Revised: May 28, 2019 Date: Criminal Justice Information Systems Directive No. 81.200 Page 5 of 5