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318 CJIS NCIC Procedures (Issued 05-15-2008)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER May 15, 2008 318 SUBJECT: REVISION DATE SECTION: CJIS/NCIC Procedures May 15, 2008 Yellow I. PURPOSE The following procedures are intended to be used as an aid to improve the use of the CJIS/NCIC systems by this department. This General Order is not intended to be all inclusive, nor shall it supersede any CJIS/NCIC policies presently in effect. Rather, it is to be used as a quick reference when using the CCH/III, the CJDN system and CJIS/NCIC “Hot Files” Should there be a conflict between this General Order and CJIS/NCIC policy, the CJIS/NCIC policy shall be adhered to. Furthermore, any future CJIS/NCIC policy changes shall be adopted immediately until such changes can be incorporated into this General Order. II. POLICY The Fridley Police Department will adhere to the policies and procedures of the Criminal Justice Information System (CJIS) and the National Crime Information Center (NCIC). III. DEFINITIONS CCH/III Computerized Criminal History CJDN Criminal Justice Data Network CJIS Criminal Justice Information System Hit A positive response from NCIC when querying the Hot Files Hot File Missing person files and stolen/lost property files maintained in NCIC NCIC National Crime Information Center TAC Terminal Agency Coordinator IV. PROCEDURE CONTENTS A. System Security 1. Physical Security 2. Authorized Personnel 3. Background Checks 4. Misuse and Disciplinary Action Plan B. Dissemination of Information C. Criminal History 1. Training 2. Authorized Personnel 3. Release of Information 4. Who May Request a CCH/III 5. Criminal History Inquiry 6. Retention D. Stolen Vehicle File 1. Initial Stolen Report 2. Second Party Verification 3. Recovered/Returned Stolen Vehicle E. Missing Person File 1. Criteria for Missing Person File 2. Initial Report 3. Second Party Verification 4. Verify and Update Record 5. Located/Returned Missing Person F. Runaway Juvenile File G. Stolen/Recovered Gun File 1. Initial Report 2. Entry to Gun “Hot File” 3. Second Party Verification 4. Cancellation of “Hot File” Entry 5. Located/Returned Missing Person H. Stolen/Recovered Article File 1. Initial Report 2. Entry to Article “Hot File” 3. Second Party Verification 4. Cancellation of “Hot File” Entry 5. Recovered Stolen Article Locate Message I. Stolen/Recovered Boat 1. Initial Report 2. Entry to Boat “Hot File” 3. Second Party Verification 4. Cancellation of “Hot File” Entry 5. Recovered Stolen Boat, Locate Message J. Stolen Securities 1. Initial Report 2. Entry to Security “Hot File” 3. Second Party Verification 4. Cancellation of “Hot File” Entry K. Hit Confirmation L. Error Correction 1. Procedure 2. Record Retention M. “Hot File” Validation Report 1. Procedure 2. Corrections 3. Record Retention A. SYSTEM SECURITY Entry and access to all computerized criminal justice information must be restricted to authorized criminal justice agencies on a need-to-know basis. Fridley Police must adhere strictly to the standards, procedures, formats, codes and criteria as set forth to assure the proper operation of the system. Accuracy and promptness are essential. 1. Physical Security The terminals must be secure from unauthorized use. To protect the terminals, access will be restricted to police department employees. The terminals will be placed in such a manner that they cannot be viewed by non-department employees or the public. 2. Authorized Personnel All employees will be provided with a security logon to allow them access to the system. Those conducting CCH/III inquiries will be required to have the proper NCIC-CCH Certification level. The employees authorized to conduct CCH/III inquiries will be restricted. The Director of Public Safety, or his designee, will make the determination of who will be authorized to conduct CCH/III inquiries. 3. Background Checks Thorough background Screening is required of all employees, sworn and non-sworn, who will have access to CJIS/NCIC. 4. Misuse a. Misuse of CJIS/NCIC can have severe repercussions, including: disciplinary action, loss of access to the system, loss of employment, and/or criminal charges b. Intentional misuse, such as accepting money or favors in exchange for CJIS/NCIC information can violate criminal statutes. c. Penalties for misuse of CJIS information include: 1) Administrative sanctions can be levied against an agency for failing to ensure that employees comply with rules covering dissemination of CJIS/NCIC information. 2) Agency access to CJIS and NCIC can be terminated if violations continue. 3) Severe criminal penalties can be imposed to those individuals found to have profited from misuse of CJIS/NCIC information B. DISSEMINATION OF INFORMATION Data in the computerized “Hot Files” and CCH/III are documented criminal justice information. Access is restricted to authorized criminal justice agencies. C. CRIMINAL HISTORY The ability to access the state and national files through the CJIS computer by means of a terminal device or satellite computer, is limited to criminal justice agencies in the discharge of their official mandated responsibilities. 1. Training Personnel performing CCH/III inquiries will complete the BCA/CJIS or TAC training as appropriate. They will be required to have appropriate NCIC certification. 2. Authorized Personnel The employees authorized to conduct CCH/III inquiries will be restricted. The Chief of Police, or his designatee, will make the determination who will be authorized to conduct CCH/III inquiries. . 3. Release of Information ALL information obtained through a CCH/III inquiry is restricted to law enforcement use only. This includes not only positive results but also any negative results of an inquiry. Copies may be given to the City Attorney and the County Attorney as part of a case file when requesting charges on the subject. The 2nd party dissemination log should be completed. 4. Who May Request a CCH/III a. A sworn officer of this department for purposes of a criminal investigation, permits for explosives, licensing, gun permits, background checks on new department personnel. b. The City Clerk, Assistant City Administrator (Human Resources) and/or Public Services Parks and Recreation Office Manager may request a background check as per City Ordinance for purposes of licensing and/or employment. c. It shall be the policy of this department that all other requests be referred to the BCA. 5. Criminal History Inquiry Criminal history inquiries shall be made as follows, on a terminal designated for the inquiry. QH / QHN / QHM QR / QRN / QRM IQ FQ AQ QPGC 6. Retention Hard copies of a CCH/III printout will not be retained after the case has been completed, unless being referred to City or County Attorney for charging. Copies not being referred for charging should be destroyed by shredding. D. STOLEN VEHICLE FILE Stolen Vehicle Hot File entries, modifications and cancellations will be performed by either Central Communications or Fridley Police personnel per the ‘Hot Files and Hit Confirmation Agreement with Anoka County Central Communications’ contract. Fridley records personnel will conduct a 2nd party verification check of information entered in the NCIC/CJIS Hot Files. This verification will include but not be limited to: 1. Initial Stolen Report Verification that the vehicle is owned by the party making the stolen report will be made by the officer taking the report. This will be done by showing proof of ownership through a registration check or the possession of a vehicle title. A copy of this proof of ownership will be attached to the case file. 2. Second Party Verification Fridley records personnel will conduct a 2nd party verification check of information entered in the NCIC/CJIS Hot Files. 3. Recovered/Returned Stolen Vehicle When the vehicle is recovered, the officer receiving that information will have Fridley or Central Communications personnel remove the vehicle from the “Hot File”. The officer will request Central Communications send a copy of the cancel notification showing the CJIS/NCIC numbers to our state printer. A hard copy of this print-out will be added to the report. A supplemental report will be made advising what action was taken. E. MISSING PERSON FILE Missing Person Hot File entries, modifications and cancellations will be performed by either Central Communications or Fridley Police personnel per the ‘Hot Files and Hit Confirmation Agreement with Anoka County Central Communications’ contract. Fridley records personnel will conduct a 2nd party verification check of information entered in the NCIC/CJIS Hot Files. The entry should include all descriptor information (i.e. S/M/T, jewelry, AKA’s, etc.) available in the Missing Person report. 1. Criteria for Missing Person File A missing person record may be entered using one of the following categories: a. Disability (MKE*/EMD) A person of any age who is missing and under proven physical/mental disability or is senile, thereby subjecting him/ herself or others to personal and immediate danger. b. Endangered (MKE/EME) A person of any age who is missing under circumstances indicating that his/her physical safety may be in danger. c. Involuntary (MKE/EMI) A person of any age who is missing under circumstances indicating that the disappearance may not have been voluntary, i.e., abduction or kidnapping. d. Juvenile (MKE/EMJ) A person under the age of 18 who is missing and does not meet any of the entry criteria set forth in 1, 2, 3, or 5. This record type should be used only for juveniles who voluntarily run away. For example, a 2-year-old child reported missing should not be entered under record type J. e. Catastrophe Victim (MKE/EMV) A person of any age who is missing after a catastrophe, such as a tornado or plane crash. Catastrophe records may be entered by any agency involved in identifying victims of a disaster. No written documentation is required for entry into this category. f. Other (MKE/EMO) A person age 18 or older not meeting the criteria for entry in any other category who is missing and for whom there is a reasonable concern for his/her safety. 2. Initial Report a. A record of a missing ADULT may be entered in the Missing Person File provided this agency has SIGNED documentation in possession supporting the stated conditions under which the person is declared missing. Catastrophe Victims are not required to have signed documentation. This documentation will aid in the protection of the individual’s right to privacy. The documentation must be from a source such as a parent, legal guardian, next of kin, physician, investigating officer or other authoritative source including friend or neighbor in unusual circumstance. This signed documentation must be adhered to except for the Catastrophe Victims and Runaway Juveniles. If the record has been entered by Central Communications, the officer will request Central Communications send a copy of the entry showing the NCIC number to our state printer. The hard copy will be added to the report. b. NOTE: Minnesota Statute 299C.53, subdivision 1, and Federal Statute, Title 42 United States Code, sec. 5779(a) requires an immediate entry to the NCIC Missing Person Files of a missing individual under the age of 21. Missing persons under the age of 21 will be entered within two (2) hours of receipt of the missing person report into NCIC regardless of signed documentation. c. A record for a missing person who is under the age of 21 should be immediately entered into NCIC using one of the appropriate categories (Disability, Endangered, Involuntary, Juvenile, Catastrophe Victim or Other). 3. Second Party Verification Fridley records personnel will conduct a 2nd party verification check of information entered in the NCIC/CJIS Hot Files. 4. Verify and Update Record The National Child Search Assistance Act of 1990, Title 37 of Public Law specifies that the agency that enters a missing person record must, within 60 days after the original entry, verify and update the record with medical and dental records, if available. NCIC will help accomplish this requirement by transmitting an “incomplete record notification” to the originating agency identifier identified in the ORI field of the incomplete record. NCIC will transmit a $.K. administrative message to the entering agency if, on the 30th day following record entry, the record does not contain information in any one or more of the following fields: Blood Type (BLT); Dental Characteristics (DCH); Fingerprint Classification (FPC); Jewelry Type (JWT); and Scars, Marks, Tattoos, and Other Characteristics (SMT). The $.K. “incomplete record notification” message will be transmitted only once for each record. NCIC will not generate follow up messages nor take any action to remove the record based upon its incomplete status. 5. Located/Returned Missing Person When the missing person is located or returns, the officer receiving that information will have the record removed from NCIC. If the record is removed by Central Communications, the officer will have Central Communications send a copy of the cancel notification showing the NCIC numbers to our state printer. A hard copy of this cancellation will be added to the report. A supplemental report will be made advising what action was taken. F. RUNAWAY JUVENILE 1. Runaway Juvenile Hot File entries, modifications and cancellations will be performed by either Central Communications or Fridley Police personnel per the ‘Hot Files and Hit Confirmation Agreement with Anoka County Central Communications’ contract. 2. Minnesota Statute 299C.53, subdivision 1, and Federal Statute, Title 37 of Public Law 10 1-647 requires an entry to NCIC Missing Person File of a missing individual under the age of 18 immediately upon confirmation that the person is missing. NO SIGNED DOCUMENTATION IS REQUIRED to enter a juvenile missing person Hot File record. 3. All rules and directions in section E. Missing Person File apply except for the signed documentation. 4. Missing Persons Checklist a. Day 1 1) Initial report taken. 2) NCIC entry completed (Central Comm to make initial entry if office is closed). 3) NCIC entry verified by ISU. 4) If Missing Person category is Endangered or person is missing for reasons other than voluntary, the following will be given to next of kin for completion: i) Missing Person Packet (dental and medical info) ii) MN Missing Persons Bulletin Information and Release Form b. Days 7 - 10 1) ISU will contact complainant to verify missing status and request any additional information to update NCIC entry. ISU will complete a supplementary report indicating information received and update/cancel NCIC entry if necessary. 2) On the back of a MN Missing Persons Bulletin Information and Release Form, ISU will fill in the case number and officer name info, then mail the form to complainant. When the form has been mailed, this should be noted: i) in the report, and ii) on the ‘Clearinghouse’ log 3) Note: If the complainant sends a completed form to the MN State Clearinghouse for Missing Children/Persons, the information will be added to their Internet database. 4) If Missing Person information is entered into the Internet Missing Person Clearinghouse, ISU must contact the BCA to remove the entry when the missing person has been located. The Internet Clearinghouse should be reviewed at least every other month. c. Days 30 - 35 1) ISU will re-contact complainant by phone to verify status. If unsuccessful making contact by phone, a CSO can be sent to the residence. If unable to contact complainant by either of these methods, a letter will be sent by ISU requesting verification. 2) If complainant verifies missing status, ISU will refer the report to investigation for follow-up. Investigation will determine whether or not a Missing Person packet should be initiated, including updating the record with medical and/or dental information. d. Days 45 - 60 1) If no contact has been made with complainant and no response is received within two weeks of verification letter being sent, the report will be referred to the Captain for determination of retaining Hot Files entry. Update record with medical and dental records if available. G. STOLEN/RECOVERED GUN FILE The Gun File is designed to provide law enforcement agencies with a central location for the maintenance and retrieval of information on stolen and recovered guns. Any gun with a unique serial number or owner applied number that meets the requirements of CJIS Operations Manual section 6.2 may be entered into the CJIS/NCIC Gun File. 1. Initial Report An officer taking the report will obtain the unique serial number or owner applied number, the brand name, model name or number, caliber or gauge, type, date of the theft (not the date of the report), barrel size and any other unique feature of the gun. 2. Entry to Gun “Hot File” The gun will be entered the same day it is reported stolen/recovered, if possible, or the next business day by the office personnel of this department with the EG function. A copy of the CJIS/NCIC printout will be attached to the report. 3. Second Party Notification Fridley records personnel will conduct a 2nd party verification check of information entered in the NCIC/CJIS Hot Files. 4. Cancellation of “Hot File” Entry When a gun is located/recovered or this department releases a recovered gun to another agency, insurance company or owner and does not physically have the gun in possession it will immediately be removed from the “Hot File”. A copy of the cancellation will be attached to the report. A supplemental report will be made concerning the action concerning the cancellation. 5. Recovered Stolen Gun, Locate Message When a stolen gun is recovered by this department, a locate message will be sent to the entering agency. This will be done on the same day as the recovery, if possible, or the next business day. H. STOLEN ARTICLE FILE The Article “Hot File” is designed to provide law enforcement agencies with a central location for the maintenance and retrieval of information on stolen articles. Any item with a unique serial number or owner applied number that meets the criteria of CJIS Operations Manual Section 7 may be entered into the CJIS/NCIC “Hot File”. 1. Initial Report An officer taking the report will obtain the unique serial number or owner applied number, the brand name, model name or number, type, date of the theft (not the date of the report), and any other unique feature of the article. 2. Entry to Article “Hot File” a. The article will be entered the same day it is reported stolen, if possible, or the next business day by the office personnel of this department via the EA function. A copy of the CJIS/NCIC printout will be attached to the report. b. The article will be entered the same day it is reported stolen, if possible, or the next business day by the office personnel of this department. A copy of the CJIS/NCIC printout will be attached to the report. c. The rules and procedures covering the entry of an article into the “Hot File” are covered in the CJIS Operations Manual Section 7. 3. Second Party Verification Fridley records personnel will conduct a 2nd party verification check of information entered in the NCIC/CJIS Hot Files. 4. Cancellation of “Hot File” Entry When a stolen article is located/recovered or this department releases a recovered article to another agency, insurance company or owner and does not physically have the article in possession it will be removed immediately from the “Hot File”. A copy of the cancellation will be attached to the report. A supplemental report will be made concerning the action covering the cancellation. 5. Recovered Stolen Article, Locate Message When a stolen article is recovered by this department, a locate message will be sent to the entering agency. This will be done on the same day as the recovery, if possible, or the next business day. I. STOLEN/RECOVERED BOAT The Boat “Hot File” is designed to provide law enforcement agencies with a central location for the maintenance and retrieval of information on stolen and recovered boats. Any boat with a unique serial number or owner applied number that meets the criteria of CJIS Operations Manual Section 5 may be entered into the CJIS/NCIC “Hot File”. 1. Initial Report An officer taking the report will obtain the unique serial number or owner applied number, the brand name, model name or number, type, date of the theft (not the date of the report), and any other unique feature of the boat. 2. Entry to Boat “Hot File” a. The boat will be entered the same day it is reported stolen/recovered, if possible, or the next business day by the office personnel of this department. A copy of the CJIS/NCIC printout will be attached to the report. b. If other items, including the trailer and outboard motor, are taken with the boat, they will be entered as a supplemental trailer and add-on boat parts, to the stolen boat entry. c. The boat will be entered the same day it is reported stolen/recovered, if possible, or the next business day by the office personnel of this department. A copy of the CJIS/NCIC printout will be attached to the report. d. The rules and procedures covering the entry of a boat into the “Hot File” area covered in the CJIS Operations Manual Section 5. 3. Second Party Verification Fridley records personnel will conduct a 2nd party verification check of information entered in the NCIC/CJIS Hot Files. 4. Cancellation of “Hot File” Entry When a boat is located/recovered or this department releases a recovered boat to another agency, insurance company or owner and does not physically have the boat in possession, it will immediately be removed from the “Hot File”. A copy of the cancellation will be attached to the report. A supplemental report will be made covering the action covering the cancellation. 5. Recovered Stolen Boat, Locate Message When a stolen boat is recovered by this department, a locate message will be sent to the entering agency. This will be done on the same day as the recovery, if possible, or the next business day. J. STOLEN SECURITIES The Securities “Hot File” is designed to provide law enforcement agencies with a central location for the maintenance and retrieval of information on stolen, embezzled, missing or counterfeited securities. Any security with a unique serial number that meets the criteria of Section 8, CJIS Operations Manual may be entered into the CJIS/NCIC “Hot File”. 1. Initial Report An officer taking the report will obtain the unique serial number, the type of security, date of the theft (not the date of the report), and any other unique feature of the security. 2. Entry to Security “Hot File” a. The security will be entered the same day it was reported stolen, if possible, or the next business day by the office personnel of this department. A copy of the CJIS/NCIC printout will be attached to the report. b. The rules and procedures covering the entry of a security into the “Hot File” are covered in the CJIS Operations Manual, Section 8. 3. Second Party Verification Second party checks of the data on the report and the “Hot File” entry will be made and so noted on the original report. 4. Cancellation of Hit File Entry When a security is located/recovered, it will immediately be removed from the “Hot File”. A copy of the cancellation will be attached to the report. A supplemental report will be made concerning the action covering the cancellation. K. HIT CONFIRMATION 1. When Fridley Police receives a record(s) in response to an NCIC inquiry, a ‘hit’ must be confirmed on any record(s) that appear(s) to have been entered for the person or property inquired upon prior to taking any of the following actions based upon the NCIC record: a. Arresting the wanted person, b. Detaining the missing person, c. Seizing the stolen property, or d. Charging the subject with violating a protection order. 2. Additionally, the ‘hit’ must be confirmed before detaining an individual on local charges where the individual appears identical to the subject of the wanted person record and is within the geographical area of extradition. 3. Confirming a hit means to contact the controlling agency to: a. Ensure that the person or property inquired upon is identical to the person or property identified in the record; b. Ensure that the warrant, missing person report, protection order, or theft report is still outstanding; and c. Obtain a decision regarding: 1) the extradition of a wanted person when applicable, 2) information regarding the return of the missing person to the appropriate authorities, 3) information regarding the return of stolen property to its rightful owner, or 4) information regarding the terms, conditions, and service of a protection order. d. Determine if the entering agency wants the record to be located when the missing person was identified by partial body parts. 4. Hit confirmation procedure is based on two levels of priority: Urgent and Routine. a. Priority 1: Urgent The hit must be confirmed within 10 minutes. In those instances where the hit is the only basis for detaining a suspect or the nature of a case requires urgent confirmation of a hit, priority 1 should be specified. b. Priority 2: Routine The hit must be confirmed within 1 hour. Generally, this priority will be used when the person is being held on local charges, property has been located under circumstances where immediate action is not necessary, or an urgent confirmation is not required. 5. After establishing the priority level, Fridley will then follow these procedures: a. Upon receipt of a hit confirmation request, the ORI of the record must furnish a substantive response within the designated timeframe, i.e., a positive or negative confirmation or notice of the specific amount of time necessary to confirm or reject. b. If a substantive response is not received within the designated timeframe, a second request should be generated with a copy to its CSO and to the CSO of the agency that originated the record. The CSO (or his/her designee) of the originating agency will initiate appropriate action to ensure proper response to a hit confirmation request and to comply with System standards. The CSO action must include canceling the record. c. If Fridley still fails to receive a response, Fridley/Anoka County Dispatch should then notify the NCIC Quality Control staff by a third message with a copy to the CSAs involved. (Failure on the part of any CSA to ensure such compliance will be brought to the attention of the APB.) d. The National Law Enforcement Telecommunications System, Inc. (NLETS) is the recommended network for hit confirmation. Even if the initial confirmation is handled via telephone, NLETS should be used for documentation. NLETS has created an inquiry (YQ) and a response (YR) format for hit confirmation. 1) Responsibilities for the hit confirmation process are shared between Fridley Police, Anoka County Dispatch, and the agency that enters the record. e. Every agency upon taking a person into custody identifying a missing person, or acquiring property, after confirming the hit, a locate will be placed on the corresponding NCIC record(s) by Fridley or Anoka County Dispatch. 1) Exception: If the missing person has been positively identified by partial body parts, determine if the entering agency wants the record to be located. The record may remain in NCIC for future positive identification in the event additional body parts are subsequently recovered. f. Copies of the hit, hit confirmation responses and locates should be attached to the case file. L. ERROR CORRECTION Once a month an Error Listing Report will be sent to this department by the BCA listing errors on record entries of both the CJIS Reporting System (CJRS) and the corresponding CJIS “Hot File”. This is to ensure that the information on the CJRS file is as complete and accurate as possible and to ensure that proper CJRS procedures are maintained. 1. Procedure When the Error Listing Report is received, the reports will be checked and errors corrected according to the directions contained in the CJIS Reporting System Manual. 2. Record Retention Once the errors have been corrected a copy of the correction will be added to the original case file. M. HOT FILE VALIDATION REPORTS To ensure that only accurate information is retained in the “Hot Files”, validation reports will be sent to this department by the BCA/CJIS. The validation procedure will verify that the record is complete, accurate and still outstanding. This includes checking with the complainant and/or insurance company. Validation reports cover stolen vehicles, stolen guns, stolen articles, and missing persons (includes juvenile runaways). 1. Procedure Once a month a validation printout will be sent to this department by the BCA CJDN section containing “Hot File” information for missing persons (includes runaways), boats, license plates, vehicle parts, vehicles guns and securities. a. The original report will be reviewed and the information contained in the “Hot File” validation report will be verified with the information on the original report. b. A letter will be sent to the owner and/or complainant listing the information on the original/validation report. This letter will request that the owner and/or complainant verify the information contained is correct and that the item/person has not been located. c. The verification information will be noted on the validation printout. d. Once the information has been verified, the form letter attached to the validation printout will be signed by the Chief of Police or his designee and returned to the BCA. 2. Corrections If information contained on the validation printout is found to be inaccurate, the “Hot File” entry will be corrected or removed from the “Hot File”. Any corrections or removals will be noted on the original report. 3. Record Retention When the validation procedure is completed, the validation printout will be retained in a file per the Fridley Police Record Retention schedule.