CHAPTER 352

FORMERLY

SENATE BILL NO. 392

AS AMENDED BY SENATE AMENDMENT NOS. 3 AND 4

AN ACT TO AMEND TITLE 11 AND TITLE 29, DELAWARE CODE RELATING TO THE ESTABLISHMENT OF A DELAWARE CRIMINAL JUSTICE INFORMATION SYSTEM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP THE STATE OF DELAWARE:

Section 1. Amend Title 11, Delaware Code by adding thereto a new Chapter to be designated as Chapter 86 to read as follows:

"CHAPTER 86. DELAWARE CRIMINAL JUSTICE INFORMATION SYSTEM §8601. Purpose '

The purpose of this Chapter is to maintain an accurate and efficient Criminal Justice Information System in Delaware consistent with Chapter 85 of this Title and applicable federal law and regulations, the need of criminal justice agencies and courts of the State for accurate and current criminal history record information, and the right of individuals to be free from improper and unwarranted intrusions into their privacy.

§8802. Definitions

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) 'Administration of criminal justice' shall mean performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correction supervision, or rehabilitation of accused persons or criminal offenders, criminal identification activities, and the collection, storage, and dissemination of criminal history record information.

(b) 'Criminal history record information' shall mean information collected by criminal justice agencies on individuals consisting of identifiable 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 that such information does not indicate involvement of the individual in the criminal justice system. Nor shall the term include information contained in:

(1) posters, announcements, or lists fix identifying or apprehending fugitives cr wanted persons;

(2) original records of entry such as police blotters maintained by criminal justice agencies which are compiled chronologically and required by law with long-standing custom to be made public, if such records are organized on a chronological basis;

(3) court records of public judicial proceedings;

(4) published court cr administrative opinions or public judicial, administrative or legislative proceedings;

(5) records of traffic offenses maintained by the Division of Motor Vehicles for the purpose of regulating the issuance, supervision, revocation, or renewal of driver's, pilot's or other operator's licenses;

(6) announcements of executive clemency.

(c) 'Criminal justice agency' shall mean:

(1) every court of this State and of every political subdivision thereof;

(2) a government agency or any sub-unit thereof which performs the administration of criminal justice pursuant to statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. Such agencies shall include, but not be limited to, the following:

(I) the Delaware State Police,

(II) all law enforcement agencies and police departments of any political subdivision of this State,

(III) the State Department of Justice,

(IV) the Office of the Solicitor of the City of Wilmington, and

(V) the Department of Correction.

(d) 'Disposition' shall include, but not be limited to, trial verdicts of guilty or not guilty, nolle prosequis, Attorney General probations, pleas of guilty or nolo contendere, dismissals, incompetence to stand trial, findings of delinquency or non-delinquency, and initiation and completion of appellate proceeding.

(e) 'Dissemination' shall mean the transmission of criminal history record information, or the confirmation of the existence or nonexistence of such information. The term shall not include:

(1) internal use of information by an officer or employee of the agency which maintains such information;

(2) transmission of information to the State Bureau of Identification;

(3) transmission of information to another criminal justice agency in order to permit the Initiation of subsequent criminal justice proceedings;

(4) transmission of information in response to inquiries from criminal justice agencies via authorized system terminals, which agencies provide and/or maintain the information through those terminals.

§8603. Justice information System; Board of Managers

The Delaware Justice information System Board of Managers, hereinafter referred to as the Board,' is hereby established.

(a) The Board shall establish policy for the development, implementation, and operation of comprehensive data systems in support of the agencies and courts of the criminal justice system of the State of Delaware. Said data systems shall include, but not be limited to, criminal history record information with respect to individuals who are arrested, or against whom formal criminal charges are preferred within this State, or against whom preceedings relating to the adjudication of a juvenile as delinquent are instituted.

(b) The Board shall be composed of thirteen members, eight of whom shall be voting members as follows:

(1) one member of the Delaware State Police, to be designated by the Superintendent of the Delaware State Police;

(2) one member of a county or municipal police department, to be designated by the Delaware Police Chiefs' Council;

(3) two members to be designated by the Commissioner of the Department of Correction, one of whom shall represent the Bureau of Adult Correction and one, the Bureau of Juvenile Correction;

(4) two members to be designated by the Chief Justice of the Supreme Court, one of whom shall represent the Family Court and one, all other courts of this State;

(5) one members-at-large to be designated by the Governor; and

(6) one member to be designated by the Attorney General.

(c) In addition, there shell be five non-voting members:

(1) two members of the General Assembly, one Senator to be designated by the President Pro Tempore of the Senate, and one Representative to be designated by the Speaker of the House of Representatives;

(2) one member of the Delaware State Bureau of Identification, to be designated by the Superintendent of the Delaware State Police;

(3) one member of the State Division of Central Data Processing, to be designated by the Director of that Division; and

(4) one member of the Delaware Criminal Justice Planning Commission to be designated by the Director of that agency.

(d) Each Board member shall serve at the pleasure of, and for the term prescribed by, the officer or individual by whom such member was appointed.

(e) The agencies represented on the Board shall provide the Board with adequate staff support to assure that applicable provisions of this Chapter are effectively carried out, not inconsistent with State law.

(f) The Board shall have the power and authority to:

(1) Designate an Executive Committee which may act between meetings of the Board, subject to confirmation of its decisions by a quorum of the Board, which Executive Committee shall consist bf not less than (3) members of the Board and shall be chaired by the Board Chairman.

(2) Employ, supervise and evaluate an Executive Director and other personnel to implement and administer the provisions of this chapter.

(3) Approve the Executive Director's annual Budget request and other applications for funds from any sources.

(4) Recommend any legislation necessary for the implementation, operation, and maintenance of the criminal justice information system.

(5) Establish and implement policy for providing management and administrative statistics and for coordinating technical assistance to serve the information needs of criminal justice agencies, planners, administrators, legislators and the general public.

(1) Perform all functions necessary to carry out the duties of thisChapter.

§8804. Compliance with Statute

The Board shall insure that the State Bureau of Identification and all other criminal justice agencies collecting, storing or disseminating criminal history record information and other information concerning crimes and offenders comply with the provisions of this Chapter and Chapter 85 of this Title.

§8805. Screening of Authorized Personnel

(a) No person shall be appointed, promoted, or transferred to any position with an agency which has or allows access to criminal history record information facilities, systems operating environments, or data file contents, whether while in use or stored in a media library, without a criminal history record check by the employing agency. No person shall be appointed, promoted, or transferred to such a position by an agency if promotion or transfer could endanger the security, privacy, or integrity of such information.

(b) The Board shall initiate or cause to be Initiated administrative action leading to the transfer or removal of personnel authorized to have access to such information, where such personnel violated the provisions of Chapter 85 of this Title.

(c) The Board shall provide for the establishment of a plan for resolving employee grievances, complaints and appeals.

§8606. Rules and Regulations

The Board shall have the power and authority to promulgate rules and regulations to insure compliance with the provisions of this Chapter not Inconsistent with Chapter 85 of this Title.

§8807. Duties of Executive Director

Under the direction of the Board, the Director's duties shall include but not be limited to:

(a) The employment and supervision of required employees.

(b) The preparation and control of an annual budget.

(c) The preparation of an annual report on the justice system's computerization status for presentation to the Governor, the Chief Justice of the Supreme Court and the General Assembly, which shall be made available to the general public upon request.

(d) The preparation of policy and procedure for implementing the audit, security and other provisions of this Chapter and Chapter 85 of this Title.

§8608. Exceptions: Employees Having Access to Criminal History Record Information

(a) Nothing in this Chapter or in any Rule promulgated hereunder shall limit the authority of a criminal justice agency or of the Delaware Justice Information System Board of Managers under §8605, Title 11 of the Delaware Code to deny the appointment, promotion, or transfer of any person to any position which has or allows access to criminal history record information.

(b) The Delaware Justice Information System Board of Managers shall have authority under the Rules to initiate or cause to be initiated administrative action leading to the transfer or removal of personnel of a criminal justice agency who arc authorized to have or allow access to criminal history record information, where such personnel violate the provisions of Chapter 85, Title 11 of the Delaware Code.

(c) Any person who is otherwise qualified for a position under this Chapter who Is denied appointment, promotion, or transfer to such position or who is transferred or removed from such position under the provisions of 58605, Title 11 of the Delaware Code, shall be given a written statement of the reason or reasons therefor by the agency responsible for such action, and the agency shall promptly give written notice of its action to the Commission.

Approved July 8, 1982.