§ 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.
§ 8602 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:
(1) "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.
(2) "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. "Criminal history record information'' shall include the names and identification numbers of police, probation, and parole officers, and such information shall not be within the definition of a "public record'' for purposes of the Freedom of Information Act, Chapter 100 of Title 29. Pursuant to the provisions of this subchapter, upon application the State Bureau of Investigation shall release to members of the news media, and to individuals and agencies as defined by this subchapter, a random number that is unique and permanent to each arresting officer as a surrogate for the officer's agency or department-issued identification number. 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:
a. Posters, announcements or lists for identifying or apprehending fugitives or wanted persons;
b. 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;
c. Court records of public judicial proceedings;
d. Published court or administrative opinions or public judicial, administrative or legislative proceedings;
e. 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;
f. Announcements of executive clemency.
(3) "Criminal justice agency'' shall mean:
a. Every court of this State and of every political subdivision thereof;
b. A government agency or any subunit 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:
1. The Delaware State Police;
2. All law-enforcement agencies and police departments of any political subdivision of this State;
3. The State Department of Justice;
4. The Office of the Solicitor of the City of Wilmington;
5. The Department of Correction;
6. The Division of Youth Rehabilitative Services;
7. The Delaware Criminal Justice Information System, Office of the Director;
8. The Division of Professional Regulation.
(4) "Criminal Justice Information System'' shall mean the computer hardware, software and communication network managed, operated and maintained by the Delaware Criminal Justice Information System.
(5) "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 nondelinquency and initiation and completion of appellate proceeding.
(6) "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:
a. Internal use of information by an officer or employee of the agency which maintains such information;
b. Transmission of information to the State Bureau of Identification;
c. Transmission of information to another criminal justice agency in order to permit the initiation of subsequent criminal justice proceedings;
d. 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.
(7) A "governmental agency'' shall mean any agency of the government of the United States or the State of Delaware or any political subdivision thereof. It does not include a private individual, corporation or other nongovernmental entity.
§ 8603 Board of Managers — Established; purpose; composition; term of office; staff; powers.
(a) The Delaware Criminal Justice Information System Board of Managers, hereinafter referred to as the "Board,'' is hereby established.
(b) 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. 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 proceedings relating to the adjudication of a juvenile as delinquent are instituted.
(c) The Board shall be composed of 16 members, 11 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 municipal police department, to be designated by the Chairperson of the Delaware Police Chiefs' Council;
(3) One member of the Department of Correction, to be designated by the Commissioner of Correction;
(4) One member of the Division of Youth Rehabilitative Services, to be designated by the Director of the Division of Youth Rehabilitative Services;
(5) Three members to be designated by the Chief Justice of the Supreme Court, 1 of whom shall represent the Family Court, and 1 to represent all other courts of the State;
(6) One member of the Department of Justice, to be designated by the Attorney General;
(7) One member of the Office of the Public Defender, to be designated by the Public Defender;
(8) One member-at-large to be designated by the Governor; and
(9) One member of the New Castle County Police Department as designated by the Colonel of the New Castle County Police.
(d) In addition, there shall be 5 nonvoting members:
(1) Two members of the General Assembly, 1 Senator to be designated by the President Pro Tempore of the Senate, and 1 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 department (or agency) within the State with overall responsibility for providing information resource management, to be designated by the director or chief official of that agency; and
(4) One member of the Delaware Criminal Justice Council, to be designated by the Chairperson of that Council.
(e) 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.
(f) 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.
(g) 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 of not less than 3 members of the Board and shall be chaired by the Board Chairperson.
(2) Appoint, supervise and evaluate an Executive Director to implement and administer 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.
(6) Perform all functions necessary to carry out the duties of this chapter.
§ 8604 Board of Managers — Duty to insure 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 this chapter and Chapter 85 of this title.
§ 8605 Rules and regulations.
The Board shall have the power and authority to promulgate rules and regulations to insure compliance with this chapter not inconsistent with Chapter 85 of this title.
§ 8606 Office of the Director; function and duties.
(a) Appointment and duties of Executive Director. — 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:
(1) The employment and supervision of required employees.
(2) 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.
(3) Provide such administrative support to the Board as may be necessary.
(4) The preparation of policy, procedure and directives as may be required to implement this chapter and Chapter 85 of this title, or as the Board may require.
(5) Be the Chief Operational Officer of the Criminal Justice Information System, as per this title and established Board policy.
(6) The preparation of an annual report on the status of the Criminal Justice Information System.
(b) Primary functions. — 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.
(c) 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;
(3) 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;
(4) Procedures shall be instituted to assure that all Delaware Justice Information System facilities provide safe and secure record storage;
(5) 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;
(6) 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;
(7) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) Duty to assure compliance with state criminal justice system; duty to provide effective management. — The Office of the Director shall have the duty to assure that all Criminal Justice Information System developments 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.
(i) Duties pursuant to cooperative agreement or express policy. — 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.
§ 8607 Violations and investigations.
All suspected or reported violations of Chapter 85 or subchapter III, subpart K of Chapter 5 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.
§ 8608 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 Chapter 85 of this title.
(c) The Board shall provide for the establishment of a plan for resolving employee grievances, complaints and appeals.
§ 8609 Denial of appointment, etc., to position allowing 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 Board under § 8605 of this title 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 Board 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 are authorized to have or allow access to criminal history record information where such personnel violate Chapter 85 of this title.
(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 § 8605 of this title 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 Board.
§ 8610 Access; conditions.
Access to the Criminal Justice Information System, including computerized criminal history, shall be available to governmental agencies (as defined by this statute) provided that the requesting agency meets the following conditions:
(1) In order to be eligible to obtain information from CJIS, an agency must offer written evidence that the public interest in dissemination or access outweighs the security and privacy interests of the person or persons upon whom access is sought, and that access is germane to the mission of the agency.
(2) The agency shall submit to an application procedure as established by the Board of Managers. Said procedure shall identify the specific information being sought.
(3) Approval of the agency's application, which may be in whole, in part, or as modified by the Board, shall require a two-thirds majority of the entire Board of Managers.
(4) Upon approval of the agency's application, the agency shall enter into a user's agreement as prescribed in § 8514 of this title.
(5) The agency shall bear all costs associated with CJIS access, once granted.
This section does not pertain to access to police complaint information contained in CJIS collected as a result of the requirements as specified in § 8507(a)(4) of this title. Such access shall remain within the discretion of the Director of the State Bureau of Identification.