CHAPTER Saf-C 5700 OPERATION OF THE CENTRAL REPOSITORY: CRIMINAL
RECORDS
Statutory Authority: RSA 106-B:14 and RSA 106-B:7, I(b)
REVISION NOTE:
Document
#6704, effective 3-3-98, renumbered the rules from Saf-P 400 to Saf-C
5700. The prior filings for former Saf-P
400 include the following documents:
#2219,
eff 12-31-82
#2876,
eff 10-12-84; EXPIRED 10-12-90
#4982,
eff 11-16-90
#5360,
eff 3-19-92
Note
that the rules in Saf-P 400 were out of effect between 10-12-90 and 11-16-90.
PART Saf-C 5701 DEFINITIONS
Saf-C 5701.01
"Administration of criminal justice” means the performance of
detection, apprehension, detention, pre-trial release, post-trial release,
prosecution, adjudication, correctional supervision, rehabilitation of accused
persons or criminal offenders, criminal identification activities and the
collection, storage and dissemination of criminal history record information.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5701.02
"Conviction data" means any finding of guilty and the
subsequent disposition thereof.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5701.03
"Criminal record release authorization form” means the notarized
form, signed by a person who has given written authorization for the release of
his/her criminal record to another.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5701.04
"Criminal history record information (CHRI)” means information
collected by criminal justice agencies consisting of descriptions and notations
of arrests, detentions, indictments, informations or other formal criminal
charges and any disposition arising therefrom, sentencing, correctional
supervision and release. The term does not include identification information
such as fingerprint records to the extent such information does not indicate
involvement of the person in the criminal justice system.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5701.05
"Criminal justice agency (CJA)” means:
(a) Any court except
probate court; or
(b) A state, county,
or local agency or any subunit thereof which performs the administration of criminal
justice pursuant to a statute or executive order.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5701.06
"Department” means the
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5701.07
"Director" means the director of the division of state police
of the department of safety.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5701.08
"Division” means the division of state police of the department of
safety.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5701.09 “Disposition” means:
(a) Information disclosing that criminal proceedings
have concluded, including information that a law enforcement agency has elected
not to refer a matter to a prosecutor, or a prosecutor has elected not to
commence proceedings, and the nature of the termination in the proceedings, or
that proceedings have been indefinitely postponed and the reason for such
postponement, and includes:
(1) Acquittal;
(2) Acquittal by reason of insanity;
(3) Acquittal by reason of mental incompetence;
(4) Case continued without finding;
(5) Charge dismissed;
(6) Charge dismissed due to insanity;
(7) Charge dismissed due to mental incompetence;
(8) Guilty plea;
(9) Nolle prosequi;
(10) Nolo contendere plea;
(11) Guilty findings;
(12) Youthful offender determination;
(13) Deceased;
(14) Deferred disposition;
(15) Found insane;
(16) Found mentally incompetent;
(17) Pardoned;
(18) Probation before conviction;
(19) Sentence commuted;
(20) Adjudication withheld;
(21) Mistrial;
(22) Defendant discharged;
(23) Executive clemency;
(24) Placed on probation;
(25) Paroled; and
(26) Released from correctional supervision.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5701.10 “Dissemination” means transmission of
criminal history record information to persons, law enforcement personnel or
any public or private agency. Dissemination includes confirmation of the
existence or non-existence of CHRI.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5701.11 “Law
enforcement personnel” means:
(a) A sheriff or
deputy sheriff of any county, a state police officer, a constable or police
officer of any city or town, an official or employee of any jail or corrections
institution, a conservation officer, probation or parole officer; or
(b) An individual
authorized by the commissioner to access records as part of information system
design, testing, implementation, or other related information system uses,
pursuant to a contractual relationship with the department.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98; ss by #8173, eff 9-21-04
Saf-C 5701.111
"National Crime Prevention and Privacy Compact" means the National
Crime Prevention and Privacy Compact pursuant to 42 U.S.C. sections 14611 -
14616, as it existed on January 1, 2002.
Source. #8173, eff 9-21-04
Saf-C 5701.12
“Non-conviction data” means information indicating:
(a) An arrest
without disposition if one year has elapsed from the date of arrest and no
active prosecution of the charge is pending;
(b) That the law
enforcement agency has elected not to refer a matter to a prosecutor;
(c) That a
prosecutor has elected not to commence criminal proceedings;
(d) That proceedings
have been indefinitely postponed; or
(e) An acquittal or
dismissal.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
PART Saf-C 5702 FORWARDING INFORMATION
Saf-C 5702.01 Notification
of Arrest. All state, local and county
law enforcement agencies shall submit arrest information on form DSSP-13 to the
central repository for each person arrested for any felony, misdemeanor or
violation committed under RSA title LXII.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5702.02 Information
Requested on DSSP-13.
(a) The following
arrest information shall be included on DSSP-13:
(1) Date;
(2) Case number;
(3) Name, address, and date of birth of person
arrested;
(4) Occupation, if known;
(5) Place of birth;
(6) Height, weight, sex, eye color and hair
color;
(7) Race;
(8) License number and state, if available;
(9) Photo availability;
(10) Whether the person arrested is a
(11) Name of arresting agency;
(12) Arrest date, offense, court date, and court;
(13) Alias data, if applicable, including:
a. First and last name; and
b. Date of birth; and
(14) Fingerprints, if taken under the authority of
RSA 106-B:13 or 593:2.
(b) If fingerprints
are taken, the fingerprints shall be on the back of DSSP-13.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5702.03 Submission. As soon as possible but not later than 90
days after arrest, all law enforcement agencies shall submit completed arrest
information cards, DSSP-13 and final disposition sheets to the:
Department of Safety
Division of State Police
Criminal Repository
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5702.04 Notification
of Disposition.
(a) The clerks of
district, municipal, and superior courts shall report the plea, court
disposition, and the sentence imposed, if any, or any subsequent modification
of the original sentence, of any person brought before the court on a felony,
misdemeanor or violation charge pursuant to RSA 106-B:14, I to the central
repository as soon as possible, but not later than 90 days after the case has
been disposed of.
(b) The report
shall:
(1) Be on a certified abstract of finding, or a
reasonable facsimile thereof, and
(2) Contain at a minimum, the:
a. Name, address, date of birth of each
defendant;
b. Date of offense;
c. Name of offense;
d. Track number;
e. Statutory citation for which the defendant
was originally charged;
f. Any subsequent modification thereof;
g. The court, date of sentence, the plea, court
disposition, and sentence, if any; or
h. Any subsequent modification of the original
sentence.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
PART Saf-C 5703 SECURITY OF CRIMINAL HISTORY RECORD
INFORMATION
Saf-C 5703.01 Limits
for Reporting.
(a) All CJAs shall
report all arrests for felonies, misdemeanors, and violations committed under
RSA title LXII and all dispositions to the central repository within 90 days of
the occurrence, for inclusion on the master history record.
(b) All CJAs shall
notify the central repository of the final disposition of all arrests within 90
days of the finding.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5703.02 Audit
Procedures. CHRI shall be reviewed
by the director or his designee for completeness and accuracy when it is:
(a) Processed by
state police;
(b) Received or
disseminated by state police;
(c) Updated by a
disposition entry;
(d) Challenged by a
person; or
(e) Automated by
computer.
Source. (See Revision Note at chapter heading for Saf-C
5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5703.03 Correction
and Reporting. Information found to
be inaccurate as a result of these audit procedures shall be corrected and
reported to all CJAs known to have received the information.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5703.04 Dissemination
of Criminal History Record Information. CHRI maintained in the central
repository shall be disseminated only to persons or agencies specified in RSA
106-B:14, I(a)-(c).
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5703.05 Dissemination
of Non-Conviction Data.
Non-conviction data shall be disseminated only to:
(a) Law enforcement
personnel; or
(b) A person
requesting his/her own record.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5703.06 Criminal
Record Check Fee.
(a) The cost of a
criminal record check shall be $25.00 unless Saf-C 5703.07 applies.
(b) The $25.00 fee
shall be charged regardless of whether the inquiry results in a criminal record
or information indicating there is not a criminal record.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98; ss by #8173, eff 9-21-04; ss by #9329, eff
11-21-08
Saf-C 5703.07 Fee
Exemption.
(a) The $25.00
criminal record check fee shall not be charged if a record is requested for
investigative purposes by an individual representing:
(1) A CJA;
(2) Law enforcement personnel;
(3) The department of defense; and
(4) The internal revenue service.
(b) The secretary of
state shall be exempt from paying the $25.00 fee if criminal record release
authorization forms are submitted for justice of the peace and notary public
applicants.
(c) Volunteers for
public or private not-for-profit agencies that provide services to the elderly,
the disabled or children shall be charged $10.00 for each criminal record check
requested.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98; ss by #7628, eff 1-23-02; ss by #8173, eff
9-21-04; ss by #9329, eff 11-21-08
Saf-C 5703.08 Procedure
for A Person to Obtain His/her Criminal History Record Information.
(a) A person requesting
his/her CHRI shall appear at the central
repository or request it in writing on the criminal record release
authorization form.
(b) A person who
appears at the central repository shall be required to provide the following
identification and information prior to release of the CHRI:
(1) Valid driver license with photograph if
licensed, or a valid photo identification;
(2) Name, address and date of birth;
(3) Hair and eye color; and
(4) Signature and date.
(c) A person may
mail a request for the release of his/her CHRI using the criminal record
release authorization form which shall contain the following:
(1) Person’s name, address and date of birth;
(2) Driver license number and state, if licensed;
(3) Signature and date; and
(4) Signature and seal of a notary public or
signature of a justice of the peace and date.
(d) A request by
mail shall be addressed to:
Department of Safety
Division of State Police
Criminal Record Repository
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C 5703.09 Release
of a Person’s Criminal History Record Information.
(a) A person who
requests his/her CHRI shall receive a copy of his/her own criminal conviction
records after complying with Saf-C 5703.08 and paying $25.00 for the record
check.
(b) Notwithstanding
(a) above, a person shall receive a copy of his/her own criminal conviction and
arrest records after complying with Saf-C 5703.08, paying $25.00 for the record
check, and indicating specifically on the authorization form that the person
wants his or her criminal arrest records.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98; ss by #8173, eff 9-21-04; ss by #9329, eff
11-21-08
Saf-C 5703.10 Procedure
for Any Person or Any Public or Private Agency to Request and Receive a Copy of
the Criminal Conviction Record of Another.
(a) To obtain a
criminal conviction record of another, the requestor shall present a criminal
conviction record release authorization form to the central repository, as
specified in Saf-C 5703.11, in person or by mail.
(b) In addition to
the criminal conviction record release authorization form, $25.00 shall be
included for the record check.
(c) On receipt of a
completed criminal conviction record release authorization form and $25.00, a
copy of the requested criminal conviction record shall be given or sent to the
requestor.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98; amd by #8173, eff 9-21-04; amd by #8591,
INTERIM, eff 3-24-06, EXPIRES: 9-20-06; ss by #8651, eff 6-2-06; ss by #9329,
eff 11-21-08
Saf-C 5703.11 Authorization
for Release of Criminal Conviction Record.
(a) The following
shall be provided by the person authorizing release of his/her criminal
conviction record:
(1) Name, including any alias, and address;
(2) Date of birth;
(3) Driver license number and state, if licensed;
(4) Eye, hair color and sex;
(5) Use for the record;
(6) Name of person or agency authorized to
receive record;
(7) Address of person or agency authorized to
receive record;
(8) Signature and date signed by person
authorizing release of his/her criminal conviction record; and
(9) Signature and seal of a notary public or
signature of a justice of the peace and date.
(b) The requestor
shall provide the following:
(1) Signature and printed name of requestor or
person acting on behalf of agency; and
(2) Date.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98; amd by #8173, eff 9-21-04; amd by #8591,
INTERIM, eff 3-24-06, EXPIRES: 9-20-06; ss by #8651, eff 6-2-06
Saf-C 5703.12 Procedure
for Correcting a CHRI.
(a) Persons or their
attorneys desiring access to their CHRI for the purpose of challenge or
correction shall appear at the central repository.
(b) A copy shall be
provided to a person if after review he/she indicates he/she needs the copy to
pursue the challenge.
(c) Any person
making a challenge shall identify that portion of his/her CHRI which he/she
believes to be inaccurate or incorrect, and shall also give a correct version
of his/her record with an explanation of the reason that he/she believes
his/her version to be correct.
(d) The director
shall take the following actions within 30 days of receipt of challenge:
(1) Review the records and contact the law
enforcement agency or court which submitted the record to compare the
information to determine whether the challenge is valid;
(2) If the challenge is valid, which means there
is a discrepancy between the information submitted and the information
maintained by the law enforcement agency or court, the record shall be
corrected and the person and appropriate CJAs shall be notified; and
(3) If the challenge is invalid, the person shall
be informed and advised of the right to appeal pursuant to RSA 541.
(e) When a record
has been corrected, the division shall notify all non-criminal justice agencies,
to whom the data has been disseminated in the last year, of the correction.
(f) The person shall
be entitled to review the information that records the facts, dates, and
results of each formal stage of the criminal justice process through which he
passes, to ensure that all such steps are completely and accurately recorded.
Source. (See Revision Note at chapter heading for
Saf-C 5700) #6704, eff 3-3-98; amd by #8591, INTERIM, eff 3-24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06
Saf-C
5703.13 Fingerprint Processing Fee. In addition to any other fees set forth by
law or this chapter, the division shall charge an individual a fee of $10.00 for
the electronic capture of fingerprint impressions, if required for a criminal
record check.
Source. #9396, eff 2-24-09
PART Saf-C 5704
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
Saf-C
5704.01 Purpose. This part sets forth the procedure for the
dissemination of criminal history information for non-criminal justice
purposes, pursuant to the National Crime Prevention and Privacy Compact.
Source. #8173, eff 9-21-04
Saf-C
5704.02 Definitions. Whenever used in this part, the following
terms shall be construed as set forth below, unless different meaning is
clearly stated within the text:
(a) "Noncriminal justice purpose" means
use of criminal history records for purposes authorized by federal or state law
other than purposes relating to criminal justice activities, including
employment suitability, licensing determinations, immigration and
naturalization matters, and security clearances.
(b) "State" means any state, territory,
or possession of the
Source. #8173, eff 9-21-04
Saf-C 5704.03 Positive Identification.
(a)
Fingerprints of the individual whose criminal history record is sought
shall be submitted with all requests for criminal history record checks for
noncriminal justice purposes.
(b)
In addition to the fees established in Saf-C 5703.06, the division shall
also collect the fee as set forth in Saf-C 5704.06(b) below, involving
fingerprint processing for noncriminal justice purposes.
Source. #8173, eff 9-21-04; amd by #9329, eff
11-21-08
Saf-C
5704.04 Interstate Request. Each request for a criminal history record
check utilizing the national indices made under any approved state statute
shall be submitted through that state's criminal history record repository.
Source. #8173, eff 9-21-04
Saf-C
5704.05 Federal Agency Request. Each request for criminal history record
checks utilizing the national indices made under federal authority shall be
submitted through the FBI or, if the state criminal history record repository
consents to process fingerprint submissions, through the criminal history
record repository in the state in which the request originated.
Source. #8173, eff 9-21-04
Saf-C
5704.06 Fees.
(a) There shall be no fee for providing criminal history
records in response to an electronic request for a record that does not involve
a request to process fingerprints.
(b)
There shall be a fee collected by the division as the fee is established
and set by the FBI, for handling a request involving fingerprint processing for
noncriminal justice purposes.
Source. #8173, eff 9-21-04; amd by #9329, eff
11-21-08
APPENDIX
|
RULE |
STATUTE
|
|
|
|
|
Saf-C 5701.01 - 5701.10
& 5701.12 |
RSA 541-A:7 |
|
Saf-C 5701.11 & 5701.111 |
RSA 541-A:1, XV |
|
|
|
|
Saf-C 5702.01 |
RSA 106-B:14, I |
|
Saf-C 5702.02 |
RSA 541-A:16, I(b)(1) |
|
Saf-C 5702.03 –5703.05 |
RSA 106-B:14, I |
|
|
|
|
Saf-C 5703.06 & Saf-C
5703.07 |
RSA
106-B:7, I(b) |
|
Saf-C 5703.08 |
RSA 106-B:14, I(b) |
|
Saf-C 5703.09 |
RSA 106-B:14, I(b) |
|
Saf-C 5703.10 |
RSA 106-B:14, I(c);
106-B:7, I(b) |
|
Saf-C 5703.10 (a) |
RSA 106-B:14, I(c) |
|
Saf-C 5703.10 (b) & (c) |
RSA 106-B:14, I(c); 106-B:7, I(b) |
|
Saf-C 5703.11 (a) |
RSA 541-A:16, I(b)(1) |
|
Saf-C 5703.11 (b) |
RSA 541-A:16, I(b)(1) |
|
Saf-C 5703.11 |
RSA 541-A:16, I(b)(1) |
|
Saf-C 5703.12 |
RSA 106-B:14, I |
|
Saf-C 5703.13 |
RSA 106-B:7, I(b) |
|
|
|
|
Saf-C 5704.01 |
RSA 106-B:14, III, 42 USC §§145611-14616 |
|
Saf-C 5704.02 |
RSA 541-A:1, XV, 42 USC §§145611-14616 |
|
Saf-C 5704.03 |
RSA 106-B:14, III, 42 USC §§145611-14616 |
|
Saf-C 5704.03(b) |
RSA 106-B:14, III, 42 USC
§§145611-14616 |
|
Saf-C 5704.04 - 5704.05 |
RSA 106-B:14, III, 42 USC §§145611-14616 |
|
Saf-C 5704.06 |
RSA
106-B:14, III, 106-B:7, I(b), 42 USC §§145611-14616 |
|
Saf-C 5704.06(b) |
RSA 106-B:14, III,
106-B:7, I(b), 42 USC §§145611-14616 |