§ 8601 Purpose.
The purpose of this chapter is to manage and 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 justice information, and the right of individuals to be free from improper and unwarranted intrusions into their privacy.
§ 8602 Definitions.
For the purposes of this chapter:
(1) "Access'' means the physical or electronic privilege to view, modify, or make use of criminal justice information, whether direct or indirect. For purposes of this term:
a. "Direct'' means access to CJIS whether via authorized and approved Delaware Criminal Justice Information system (DELJIS) credentials or an authorized agency portal.
b. "Indirect'' means access to criminal justice information, in oral, online or printed form, by an individual without approved DELJIS credentials for direct access.
(2) "Administration of criminal justice'' means performance of any of the following activities: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correction supervision or rehabilitation of accused persons or criminal offenders, criminal identification activities, and the collection, storage, and dissemination of criminal justice information.
(3) "Authorized agency'' means any entity, criminal justice agency, or governmental agency which the Board determines complies with §§ 8610 and 8611 of this title.
(4) "Authorized user'' means any employee, intern, extern, contractor, volunteer, or other individual, acting on behalf of an authorized agency, who has been appropriately vetted by the Board and has been granted access to criminal justice information.
(5) "Biographic data'' means information about individuals associated with a unique case, and not necessarily connected to identity data. Biographic data does not provide a history of an individual, only information related to a unique case.
(6) "Biometric data'' means data derived from 1 or more intrinsic physical or behavioral traits of humans typically for the purpose of uniquely identifying individuals from within a population. The term includes fingerprints, palm prints, iris scans, and facial recognition data.
(7) "Board'' means the Delaware Criminal Justice Information System Board of Managers.
(8) "Case or incident history'' means all relevant information gathered about an individual, organization, incident, or combination thereof, arranged so as to serve as an organized record to provide analytic value for a criminal justice agency. In regard to criminal justice information, it is the information about the history of incidents.
(9) "Criminal history record information'' has the same meaning as set forth in § 8502 of this title.
(10) "Criminal justice agency'' has the same meaning as set forth in § 8502 of this title.
(11) "Criminal justice information'' or "CJI'' means all Criminal Justice Information System data. The term includes: criminal history record information; biographic data; biometric data; identity history; person, organization, property, or Division of Motor Vehicles data; case or incident history; and other data necessary for authorized agencies to make hiring decisions, perform their mission, and enforce the laws of this State.
(12) "Criminal Justice Information System'' or "CJIS'' means the computer hardware, software, and communication network which is managed, operated, and maintained by the DELJIS for the collection, warehousing, and timely dissemination of CJI to authorized agencies.
(13) "Disposition'' includes: trial verdicts of guilty or not guilty; nolle prosequis; Attorney General probations; pleas of guilty or nolo contendere; dismissals; findings of incompetence to stand trial, delinquency or nondelinquency, or responsible or not responsible; and the initiation and completion of appellate proceedings.
(14) "Dissemination'' means the transmission of criminal justice information, or the confirmation of the existence or nonexistence of such information. The term shall not include any of the following:
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 a 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.
(15) "Governmental agency'' means 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.
(16) "Identity history'' means textual data that corresponds with an individual's biometric data, providing a history of criminal or civil events for the identified individual.
(17) "Property data'' means information about vehicles and property associated with a crime.
(18) "Requesting party'' means any entity, criminal justice agency, or governmental agency seeking access to CJIS.
§ 8603 Board of Managers — Established; purpose; composition; term of office; staff; powers.
(a) The Delaware Criminal Justice Information System Board of Managers is hereby established.
(b) The Board shall establish policy for the development, implementation, and operation of comprehensive data systems in support of the criminal justice system of this State.
(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 Defense Services, to be designated by the Chief 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 ensure compliance with statute.
The Board shall ensure that all authorized agencies collecting, storing, or disseminating criminal justice information and other information concerning crimes and offenders comply with this chapter, Chapter 85 of this title, subchapter III, subpart K of Chapter 5 of this title, § 305(m) of Title 21, and the rules and regulations promulgated by the Board under 8605 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:
(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) Providing such administrative support to the Board as may be necessary.
(4) The preparation of policy or procedure to implement this chapter and Chapter 85 of this title.
(5) Being the Chief Operational Officer of the Criminal Justice Information System.
(6) The preparation of an annual report on the status of the Criminal Justice Information System.
(7) Making and entering into a cooperative agreement, contract, or memorandum of understanding, whenever deemed necessary or desirable to perform the functions of the Criminal Justice Information System and whenever funds are available for such purpose. All necessary legal services shall be provided under Chapter 25 of Title 29.
(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.
(c) Duty to provide security. — The Office of the Director shall provide for automated security as follows:
(1) Provide secure access for all authorized 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) Ensure 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 authorized agencies and authorized users.
(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 authorized agency or authorized user shall be responsible for the physical security of criminal justice 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 justice information, or other such sensitive information, shall be available only to authorized users essential to the proper operation of the Criminal Justice Information System.
(7) Each authorized user working with, or having access to the Criminal Justice Information System shall be made familiar with the substance and intent of this chapter, Chapter 85 of this title, and any rules and regulations promulgated by the Board under § 8605 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 Board may prescribe.
(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. No authorized user will be granted access to criminal justice information without attending minimum training as prescribed by the Board.
(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 authorized agencies, and provide for the effective management of the development process.
(i) Duties pursuant to cooperative agreement, contract, or memorandum of understanding. — 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, contract, or memorandum of understanding.
§ 8607 Violations and investigations.
All suspected or reported violations of this chapter, Chapter 85 of this title, subchapter III, subpart K of Chapter 5 of this title, § 305(m) of Title 21, or the rules and regulations promulgated by the Board under § 8605 of this title shall be reported to the Office of the Director who shall investigate the reported violation.
§ 8608 Authorized users.
(a) No individual shall be an authorized user with an authorized agency which has or allows access to criminal justice information without meeting the minimum requirements prescribed by the Board to determine if the individual 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 suspension or removal of an authorized user's access if that authorized user violates this chapter, Chapter 85 of this title, subchapter III, subpart K of Chapter 5 of this title, § 305(m) of Title 21, or the rules and regulations promulgated by the Board under § 8605 of this title.
(c) The Board shall establish rules and regulations for resolving appeals by authorized users to the Board.
(d) Nothing in this chapter or in any rule promulgated by the Board under § 8605 of this title shall limit the authority of an authorized agency to deny the appointment, promotion, or transfer of any individual to any position which requires access to criminal justice information.
(e) An authorized user who knowingly or recklessly violates the terms of this chapter, Chapter 85 of this title, subchapter III, subpart K of Chapter 5 of this title, § 305(m) of Title 21, or the rules and regulations promulgated by the Board under § 8605 of this title shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title.
(f) Any individual who is denied access to criminal justice information shall be given a written statement of the reason or reasons therefor by the agency responsible for such action.
§ 8609 Denial of appointment, etc., to position allowing access to criminal history record information.
§ 8610 Access to Criminal Justice Information System; conditions.
Access to the Criminal Justice Information System, including computerized criminal justice information, shall be available to a requesting party provided that the requesting party meets all of the following conditions:
(1) 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 requesting party.
(2) Submit to an application procedure as established by the Board. The application procedure shall identify the specific information being sought.
(3) Have its application approved by the Board. The Board may approve an application in whole, in part, or as modified by the Board. The Board's decision on an application requires a majority vote of the Board.
(4) Enter into an agency agreement as prescribed in § 8611 of this title, upon approval of the requesting party's application by the Board.
(5) Bear all costs associated with CJIS access, once granted.
§ 8611 Agency agreements.
(a) Use of criminal justice information shall be restricted to the purpose for which it was given.
(b) An authorized agency shall not disseminate criminal justice information, except as otherwise provided in Chapter 85 of this title or as required by Delaware law.
(c) An agency agreement shall, at a minimum, do all of the following:
(1) Specifically authorize access to the data or information.
(2) Limit the use of the data or information to purpose for which it was given.
(3) Ensure the security and confidentiality of the data or information consistent with this chapter.
(d) An authorized agency which has entered into an agency agreement, and which knowingly or recklessly violates the terms of that agreement, shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title. Upon such violation, the agency agreement shall be terminable at the option of the State Bureau of Identification or the Board.