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DEPARTMENT ORDER MANUAL |
DEPARTMENT ORDER:
121 |
SUPERSEDES: DO 121 01/02/02 |
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| EFFECTIVE DATE: OCTOBER 19, 2006 |
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| TABLE OF CONTENTS | PURPOSE |
| RESPONSIBILITY | |
| PROCEDURES | |
| 121.01 SYSTEM SECURITY OFFICER | |
| 121.02 ACJIS LIAISONS | |
| 121.03 ACJIS OPERATOR CERTIFICATION | |
| 121.04 CRIMINAL JUSTICE PRACTITIONER | |
| 121.05 DOCUMENTATION | |
| 121.06 DISSEMINATION | |
| 121.07 APPLICATION OF INFORMATION | |
| 121.08 USE AND RESTRICTIONS | |
| 121.09 VIOLATIONS | |
| DEFINITIONS | |
| AUTHORITY |
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This Department Order establishes the use of the Arizona Criminal Justice Information System, or ACJIS, for the collection, storage, retrieval and dissemination of documented criminal justice information. This information shall be protected to ensure legal and efficient use. Employees operating ACJIS computers shall be trained, tested and certified. Employees reviewing ACJIS material shall be trained in the legal aspects of ACJIS information.
The Deputy Director, Division Directors, Wardens, Deputy Wardens, Bureau Administrators and the Contract Beds Operations Director shall appoint a staff member as the ACJIS Liaison for each ACJIS site.
The Chief Information Officer shall appoint a System Security Officer.
ACJIS Operators, Criminal Justice Practitioners and the System Security Officer are certified and approved by the Control Terminal Agency (CTA) which is the Arizona Department of Public Safety (DPS).
The Deputy Director, Division Directors, Wardens, Bureau Administrators and Contract Beds Operations Director shall ensure that:
121.01 SYSTEM SECURITY OFFICER - A staff member who ensures that the Department’s staff accessing the ACJIS network are in compliance with all applicable laws, rules and regulations governing use of that information. The System Security Officer (SSO) shall acts as liaison between the user agency and the Control Terminal Agency (CTA). All requests regarding the ACJIS/NCIC system shall be coordinated through the SSO. The SSO shall:
1.1 Monitor system usage.
1.2 Enforce system discipline.
1.3 Ensure that ACJIS operating procedures are followed.
1.4 Serve as a central point within the Arizona Department of Corrections (Department) for:
121.02 ACJIS LIAISONS - Shall: 1.1 Prepare and forward a record of authorized Criminal Justice Practitioners and ACJIS Operators to the SSO. 1.2 Notify the SSO of changes in personnel as they occur. 1.3 Coordinate the training of prospective Criminal Justice Practitioners and ACJIS Operators. 1.4 Ensure that staff requesting authorization as a Criminal Justice Practitioner or ACJIS Operator completes a Request for Access to ACJIS, Form 121-5, and submit the form to the SSO. The liaison shall keep a copy of all requests. 1.5 Ensure that staff requesting authorization as a Criminal Justice Practitioner or ACJIS Operator view the "ACJIS Overview" video and this Department Order, and sign and date the Video and Department Order Viewing Log. The logs shall be kept on file for six-month periods coinciding with the required semi-annual report. Report periods are set by the CTA and are May 1 to October 31 and November 1 to April 30. The logs shall be forwarded to the SSO with the semi-annual report. 1.6 Coordinate and schedule the ACJIS training with the CTA through the SSO. 1.7 Coordinate and administer the ACJIS Operator certification test for personnel within six months from the date the of applicant's assignment to ACJIS-related duties. 1.8 Recertify ACJIS Operators within 30 days of their certification expiration date. 1.9 Maintain copies of ACJIS Operator certificates for audit purposes. 1.10 Ensure that ACJIS manuals and/or publications are updated. 1.11 Share new/updated information with all ACJIS Operators as it is received from the SSO. 1.12 Monitor ACJIS usage by reviewing the Monthly Statistical Reports. 1.13 Enforce system discipline.
121.03 ACJIS OPERATOR CERTIFICATION 1.1 An employee requesting ACJIS Operator Certification shall:
1.2 ACJIS Operator certifications are divided into the following four levels:
1.3 The SSO shall, before approving the request, contact Background Investigations and request a current NCIC/ACIC background check be conducted and ensure that a fingerprint card has been submitted to the DPS. The SSO shall notify the CTA, in writing, of any record located.
1.4 If approved, the ACJIS Operator shall be assigned a certification number by the CTA, through the SSO. ACJIS Operators shall:
1.5 ACJIS Operator tests shall be administered as an "open book" manner allowing Operators to refer to the ACJIS Operating Manual during the test. Tests shall be administered on an individual basis only. Group testing or polling of answers is prohibited. 1.6 A certification number is the property of the ACJIS Operator. Operators are expected to know their number. Certification numbers remain on file with the CTA, and are not reassigned. 1.7 Certifications are valid for two years from the date of issue. Re-certification is required within 30 days prior to the date an Operator’s certification expires.
1.8 If a certification or re-certification date is not met and an extension of the date is needed, the SSO shall submit a written request, to include a reason that the extension is needed, to the CTA. 1.9 Operators transferring to a different position in the Department and who wish to retain their certification shall contact the gaining ACJIS Liaison.
1.10 An Operator, who has transferred into a position that requires that they view ACJIS information without having to have access to an ACJIS computer, shall become a Criminal Justice Practitioner rather than an operator. The employee shall contact the gaining ACJIS Liaison, who shall notify the SSO.
1.11 ACJIS Operators who have been placed on inactive status shall contact the ACJIS Liaison to request authorization to return to active status.
1.12 Operators who:
1.13 Operators who change their name shall submit an updated Request for Access to ACJIS to the SSO, through their ACJIS Liaison.
121.04 CRIMINAL JUSTICE PRACTITIONER 1.1 An employee may be authorized to view and use information received from the ACJIS network, as a Criminal Justice Practitioner without having direct access to an ACJIS computer. The employee requesting authorization shall have a bona fide job-related need for viewing ACJIS information. 1.2 The employee shall complete and submit a Request for Access to ACJIS, through the chain of command, to the appropriate ACJIS Liaison. The ACJIS Liaison shall ensure that the employee views the "ACJIS Overview" video and this Department Order and forward the request to the SSO who shall approve or deny it. 1.3 Criminal Justice Practitioners transferring within the Department who wish to retain their status shall notify the gaining ACJIS Liaison, who shall notify the SSO of the transfer.
1.4 Criminal Justice Practitioners who change their name shall submit an updated Request for Access to ACJIS to the SSO, through their ACJIS Liaison. 121.05 DOCUMENTATION - ACJIS sites are audited biannually by the CTA. Audit procedures are designed to assist in maintaining complete and accurate records and ensure that dissemination of information is made only to authorized individuals. 1.1 The ACJIS Operator or ACJIS Liaison shall document all ACJIS transactions.
1.2 Requests for ACJIS information shall be submitted on a Criminal History Information Request, Form 121-1, completed by the Criminal Justice Practitioner making the request, or other approved written source such as a gate pass, visitation form, or the ACJIS Information Request list, Form 121-6.
1.3 The ACJIS Operator’s response to a request for information shall be documented on the Criminal History Information Request, or other approved documents as stated above. 1.4 If a printout is released to an authorized requestor, the Operator shall initial and date the printout, and note on it precisely how, when and to whom the information was released prior to providing the printout to the requestor. 1.5 ACJIS Operators and ACJIS Liaisons shall maintain copies of information requests, ACJIS Activity Log Forms and Criminal History Information Requests outlined in this section for a 12-month period.
1.6 Approved methods for the destruction of printed documents obtained from the ACJIS network are:
121.06 DISSEMINATION 1.1 The existence or absence of criminal justice information shall not be confirmed to any individual or agency not authorized to receive the actual information. 1.2 Any employee who is not authorized or approved shall not have access, whether directly or indirectly, to information obtained from the ACJIS network. 1.3 It is incumbent upon the Department to ensure that dissemination of information, directly or indirectly, is made only to authorized personnel. Any departure from this requirement warrants the removal of the ACJIS Operator from further access to the ACJIS network or information. 1.4 Any person, who knowingly releases or procures the release of information, other than as provided by applicable rules and regulations, is guilty of a Class 6 Felony. 1.5 Secondary Dissemination of information to another agency or department shall be documented in accordance with section 121.05, 1.2. The Originating Agency Identifier (ORI) of the requesting agency/department shall be used when accessing the ACJIS network for secondary dissemination. 1.6 Each employee who has access to ACJIS information shall be identified on an authorization list.
1.7 Radio transmissions of criminal history record information shall be restricted to information necessary to effect immediate identification or to ensure the safety of the general public, staff and inmates. Such transmissions shall be avoided except in extreme emergency situations, such as riot, hostage, and escape.
121.07 APPLICATION OF INFORMATION 1.1 ACJIS information shall be reviewed to determine a positive or negative response to the inquiry.
1.2 Name-only searches not supported by positive identification (fingerprints) may fail to result in the discovery of relevant records about the subject. When reasonable doubt exists as to whether information obtained from the ACJIS network is the correct subject, a fingerprint card shall be submitted to Background Investigations, or the SSO, with a Criminal History Information Request for technical comparison. 1.3 An individual shall be presumed not guilty of any charge/arrest for which there is no final disposition stated on the record or otherwise determined.
121.08 USE AND RESTRICTIONS 1.1 The Department shall use the ACJIS network only for the following:
1.2 Any criminal justice agency that obtains criminal justice information from the CTA, or through ACJIS, assumes responsibility for the security of the information and shall not secondarily disseminate this information to any individual or agency not authorized to receive this information directly from the CTA or originating agency. 1.3 Background Investigations shall process all background investigations of prospective employees, volunteers and contractors of the Department as outlined in Department Orders #204, Volunteer Services, #205, Contractor Security, and #602, Background Investigations. 1.4 Department of Transportation, Motor Vehicle Division files are accessible from the ACJIS network. Use of vehicle registration or drivers license information obtained from the ACJIS network is limited to law enforcement, criminal justice, or Motor Vehicle Division purposes only. Curiosity inquiries are forbidden. 121.09 VIOLATIONS 1.1 Computer misuse or fraudulent use may subject a violator to the penalties outlined in Title 18, U.S. Code, Crimes and Criminal Procedure, and A.R.S. 13-2316. 1.2 The data stored in the ACJIS/NCIC computer system is documented criminal justice information and shall be protected to ensure correct, legal and efficient dissemination and use. The data stored is confidential and shall be treated accordingly. Any unauthorized request and/or receipt of ACJIS/NCIC material may result in criminal proceedings.
1.3 The SSO shall provide assistance to any Warden or Bureau Administrator in any follow-up investigation into allegations of misuse and receive a copy of final reports on any such follow-up or investigation for the purpose of follow-up with the CTA and/or the Federal Bureau of Investigations NCIC audit team. ACCESS - The National Crime Information Center (NCIC) Advisory Policy Board defines two types of access:
ACJIS LIAISON - A staff member at each ACJIS site and each authorized work area, designated by the Deputy Director, Division Directors, Warden, Bureau Administrator or the Contact Beds Operations Director, acting as the liaison between the work area and the SSO. ARIZONA CRIME INFORMATION CENTER - The Arizona counterpart of NCIC, available for entries and inquiries through the ACJIS network. The common acronym is ACIC. Most ACIC and NCIC files are totally independent. ARIZONA CRIMINAL JUSTICE INFORMATION SYSTEM - A computerized network maintained by the Arizona Department of Public Safety (DPS) that is available to authorized local, state and federal criminal justice agencies. The ACJIS network is connected to two national computer networks, the National Law Enforcement Telecommunications System (NLETS) and the NCIC. ACJIS is available on a 24 hours per day, seven days per week basis. ARIZONA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM - A telecommunications system that provides for the exchange of criminal justice information between terminals within the State of Arizona. The common acronym is ALETS. CONTROL TERMINAL AGENCY (CTA) - A single state agency, under a shared management concept with the Federal Bureau of Investigation (FBI), which assumes responsibility as the control terminal (or main receiving point) for the state, through and by which users in the state access NCIC information. The CTA for the State of Arizona is the Department of Public Safety. CRIMINAL JUSTICE INFORMATION - Information collected by criminal justice agencies that is needed for the performance of their legally authorized, required function. This includes persons (wanted, missing, unidentified), stolen property, criminal history record information, information compiled in the course of investigations of crimes that are known or believed on reasonable grounds to have occurred, including information on identifiable persons, and information on identifiable persons compiled in an effort to anticipate, prevent or monitor possible criminal activity. NATIONAL CRIME INFORMATION CENTER - An FBI repository of files on persons and property. The common acronym is NCIC. NATIONAL LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM - A message switching system for the interstate exchange of criminal justice information, also providing a variety of on-line help files. The common acronym is NLETS. SECONDARY DISSEMINATION - The dissemination of criminal justice information from an individual or agency that originally obtained the information from the central state repository, or through ACJIS, to another individual or agency authorized to receive the information. Dora Schriro
Director FORMS LIST 121-1, Criminal History Information Request 121-2, ACJIS Secondary Dissemination Log 121-3, ACJIS Activity Log 121-4, ACJIS Teletype Message Log 121-5, Request for Access to Arizona Criminal Justice Information System 121-6, ACJIS Information Request List 121-7, Video and Department Order Viewing Log A.R.S. 13-2316, Computer Fraud, Classification. A.R.S. 41-1750, Criminal Identification Section. A.R.S. 41-2201 et. seq., Arizona Criminal Justice Information System. 28 C.F.R. 20.1 et. seq., Security and Privacy Regulations, Criminal Justice Information Systems. 18 U.S.C. 1030, Fraud and Related Activity in Connection with Computers
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