CHAPTER 103

FORMERLY

SENATE BILL NO. 148

AS AMENDED 8Y SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11, CHAPTER 86 OF THE DELAWARE CODE RELATING TO THE DELAWARE JUSTICE INFORMATION SYSTEM.

8E IT ENACTED 8Y THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 8602(3)(b), Chapter 86, Title 11, Delaware Code, by adding thereto a new subparagraph to read as follows:

"7. The Delaware Criminal Justice Information System, Office of the Director."

Section 2. Amend §8602, Chapter 86, Title 11, Delaware Code by adding thereto a new subsection to read as follows:

"(6) Criminal Justice Information System shall mean the computer

hardware, software, and communication network managed, operated and maintained by the Delaware Criminal Justice Information System."

Section 3. Amend §8603(a), Chapter 86, Title 11, Delaware Code by adding the word "Criminal" after the word "Delaware".

Section 4. Amend §8603(g)(2) Chapter 86, Title 11, Delaware Code by

striking the word "Employ" and substituting in lieu thereof the word "Appoint" and by striking the words "and other personnel".

Section 5. Amend Chapter 86, Title 11, Delaware Code by renumbering §8608 as §8609, by renumbering §8605 as §8608, by renumbering §8606 as §8605; and by deleting §8607 and by adding thereto a new section to read as follows:

"§8606. Office of the Director. Function and Duties.

(1) The Executive Director shall be appointed by and serve at the pleasure of the Board. The duties of the Executive Director shall include, but not be limited to:

(a) The employment and supervision of required employees.

(b) The preparation and management of an annual budget, and such other funds as are designated for the development and operation of the Criminal Justice Information System.

(c) Provide such administrative support to the Board as may be necessary.

(d) The preparation of policy, procedure, and directives as may be required to implement the provisions of this chapter and Chapter 85 of this title, or as the Board may require.

(0 Be the Chief Operational Officer of the Criminal Justice Information System, as per this title and established Board policy.

(f) The preparation of an annual report on the status of the Criminal Justice Information System.

(2) The primary function of the Office of the Director shall be the assurance of the efficient and reliable development and operation of the hardware, software and database which comprise the Criminal Justice Information System; thereby, effectively collecting, storing, and disseminating through the automated system, for all authorized users, criminal justice information, including criminal history record information.

(a) Duty to provide security. The Office of the Director shall provide for automated security as follows:

(1) Provide for secure system access for all criminal justice information system users through the administration of the Delaware Criminal Justice Information System security programs;

(2) Employ effective and technologically adequate software and hardware designs to prevent unauthorized access or modifications to any information contained within the Criminal Justice Information System;

(1) Insure that access to computer facilities, systems

operating environments, data file contents, and system documentation whether in use or stored in a media library, shall be restricted to specifically authorized organizations and/or personnel;

(2) Procedures shall be instituted to assure that all Delaware Justice Information system facilities provide safe and secure record storage;

(3) Procedures shall be instituted to assure that any agency or individual authorized access to the information system shall be responsible for the physical security of criminal history record information, or other such sensitive information, under its control or in its custody, and such information shall be protected from unauthorized access, disclosure, or dissemination;

(4) Direct access to criminal history record information, or other such sensitive information, shall be available only to other authorized personnel essential to the proper operation of the Criminal Justice Information System;

(1) Each employee, office, or contracted employee, working
with, or having access to the criminal justice information system shall be made familiar with the substance and intent of this chapter and Chapter 85 of this Title.

(b) Duty to maintain complete and accurate records; performance of an audit. The Office of the Director, or such contracted firms as may be employed, shall conduct an audit of the criminal justice information system files and of the agencies accessing the system. The audit will be conducted according to established systems auditing procedures, and other such procedures as the State Bureau of Identification may prescribe. An audit will be conducted upon concurrence of the Board;

(c) Duty to provide training. The Office of the Director shall
assure that training programs are established for all automated systems within the scope of the Criminal Justice Information System and provide for adequate documentation and manuals for the use of such systems;

(d) Duty to assure system operations. The Office of the Director shall provide for the continued operation of the Criminal Justice Information System, including such maintenance as required;

(e) Duty to provide information resource management. The Office of the Director shall provide the management of the Criminal Justice Information System data, assuring the effective use of the information resource;

(f) Duty to assure that all Criminal Justice Information System development shall meet the requirements of the state criminal justice system and its member agencies and courts, and provide for the effective management of the development process;

(g) The Office of the Director shall perform such duties as the Board deems necessary within the bounds of the Criminal Justice Information System, its management and maintenance, as established through cooperative agreement or express Board policy."

Section 6. Amend Chapter 86, Title 1.1. Delaware Code by adding thereto a new section to read as follows:

18607. Violations and Investigations

 (1) All suspected or reported violations of Chapter 85 or Chapter 5, Subchapter III, Subpart K of this title shall be reported to the Director of the State Bureau of Investigation, with said agency having responsibility for the investigation of the reported violation."

Approved July 3, 1991.