T67CH30

Title 67 > T67CH30

Sections (14)

67-3001

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3001. Definitions. As used in this chapter: (1) Administration of criminal justice means performance of any of the following activities: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage and dissemination of criminal history record information. (2) Bureau means the bureau of criminal identification in the Idaho state police. (3) Court means any court created by the constitution and laws of the state of Idaho; and clerks of the district court. (4) Criminal history records means physical and automated information on individuals collected and maintained by the Idaho state police as a result of arrest or the initiation of a criminal proceeding by felony summons or information. A criminal history record includes, as defined by department rule, any or all of the following information relating to each event that is subject to fingerprinting under section 67-3004 , Idaho Code: (a) Information relating to offenders; (b) Information relating to arrests; (c) Information relating to prosecutions; (d) Information relating to the disposition of cases by courts; (e) Information relating to sentencing; (f) Information relating to probation and parole status; and (g) Information relating to offenders received by a correctional agency, facility or other institution. The term shall not include statistical or analytical records, reports in which individuals are not identified and from which their identities are not ascertainable, criminal intelligence information or criminal investigative information, and source information or records maintained by and held at another criminal justice agency or the court. (5) Criminal justice agency means a governmental agency or subdivision of a government entity that performs the administration of criminal justice pursuant to a statute, and that allocates a substantial portion of its budget to the administration of criminal justice. (6) Department means the Idaho state police. (7) Director means the director of the Idaho state police. (8) Disposition means the formal or informal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system. (9) Fingerprints means the fingerprint impressions submitted to and compiled by the bureau, in a manual or automated form, pursuant to section 67-3004 , Idaho Code. (10) Pecuniary benefit means any benefit to a person or member of his household in the form of money, property or commercial interests, the primary significance of which is economic gain. (11) Retainable offense means: (a) A felony; or (b) A serious misdemeanor as defined by rule adopted under section 67-3003 (2), Idaho Code. (12) Subject of record means

67-3002

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3002. Positive identification — Fingerprints required. To ensure positive identification and system integrity, criminal history records shall be supported by fingerprints, which may be maintained manually, electronically or on optical disk. The records shall be linked to an automated fingerprint identification system. For the purpose of including prescribed information categories, the system may be linked with databases maintained by other state agencies. Whenever possible, the reporting of information by criminal justice agencies relating to the categories identified in section 67-3001 (4), Idaho Code, shall be conducted electronically or by magnetic medium. Any technology used in this process will conform to the standards, guidelines and conventions established by the Idaho technology authority. History: [67-3002, added 1999, ch. 249, sec. 2, p. 640; am. 2014, ch. 97, sec. 36, p. 291; am. 2015, ch. 244, sec. 53, p. 1036.]

67-3003

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3003. Duties of the department. (1) The department shall establish a bureau of criminal identification to: (a) Serve as the state’s central repository of criminal history records; (b) Conduct criminal background checks as authorized by law or rule and provide fingerprint identification services; (c) Obtain and electronically file information relating to in-state stolen vehicles and in-state wanted persons; (d) Establish and maintain an automated fingerprint identification system; (e) Establish a uniform crime reporting system for the periodic collection and reporting of crimes, and compile and publish statistics and other information on the nature and extent of crime in the state; (f) Maintain, pursuant to department rule, other identification information, which may include, but is not limited to, palm prints and photographs; (g) Cooperate with other criminal justice agencies of the state, state and federal courts, the criminal records repositories of other states, the federal bureau of investigation criminal justice information services, the national law enforcement telecommunications system, and other appropriate agencies and systems, in the operation of an effective interstate and national system of criminal identification, records and statistics; (h) Develop and implement a training program to assist criminal justice agencies with the recordkeeping and reporting requirements of this chapter; and (i) Obtain and electronically transmit to the national instant criminal background check system (NICS), in accordance with federal law, information relating to eligibility to receive or possess a firearm pursuant to state or federal law. Upon notification to the department that the basis for which any such information previously transmitted to the NICS does not apply or no longer applies, the department shall, as soon as practicable, notify the NICS of such change and shall update, correct, modify or remove such information from the NICS database. (2) In accordance with chapter 52, title 67 , Idaho Code, the department may adopt rules necessary to implement the provisions of this chapter. Rules relating to information maintained and reported by the court shall be made after consultation with and approval by the Idaho supreme court. History: [67-3003, added 1999, ch. 249, sec. 2, p. 640; am. 2010, ch. 267, sec. 2, p. 675.]

67-3004

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3004. Fingerprinting and identification — shielding of records from disclosure. (1) The bureau shall: (a) Obtain and file fingerprints, physical descriptions and any other available identifying data on persons who have been arrested or served a criminal summons in this state for a retainable offense; (b) Accept fingerprints and other identifying data taken by a law enforcement agency for the purpose of identification or conducting a records review for criminal justice purposes; and (c) Process latent fingerprints generated from crime scenes, evidence and law enforcement agencies through the automated fingerprint identification system for prospective identification. (2) The bureau shall establish policy regarding an arrest fingerprint card and procedures for the taking of fingerprints under this section. (3) When a person is arrested for a retainable offense, with or without a warrant, fingerprints of the person shall be taken by the law enforcement agency making the arrest. A law enforcement agency may contract or make arrangements with a jail or correctional facility or other criminal justice agency to take the required fingerprints from a person who is arrested by the law enforcement agency. (4) If a person was arrested and is in the custody of a law enforcement agency, jail or correctional facility and a felony summons or information is filed for an offense separate from the offense for which the person is in custody, the agency, jail or correctional facility shall take the fingerprints of the person in connection with the new offense. (5) At the initial court appearance or arraignment of a person for an offense pursuant to a felony summons or information, the court, upon notice from the prosecuting attorney, shall order a law enforcement agency to fingerprint the person if he has not been previously fingerprinted for the same offense. (6) When a defendant is convicted or otherwise adjudicated for a felony offense for which the defendant has not been previously fingerprinted, the court shall order, upon notice from the prosecuting attorney, a law enforcement agency to fingerprint the defendant as a condition of sentence, probation or release. (7) When a person is received by a state correctional facility, the department of correction shall ensure that legible fingerprints of the person are taken and submitted to the bureau. (8) When the bureau receives fingerprints of a person in connection with an arrest or incarceration, the bureau shall make a reasonable effort to confirm within five (5) working days the identity of the person fingerprinted. In an emergency situation when an immediate positive identification is needed, a criminal justice agency may request the department to provide immediate identification service. (9) If the arresting officer, the law enforcement agency that employs the officer, or the jail or correctional facility wher

67-3005

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3005. Records and reporting — Duties of other criminal justice agencies and the court. (1) Each criminal justice agency shall: (a) Transmit to the department, when and in the manner prescribed by this chapter or any rules adopted pursuant thereto, all information required by section 67-3001 (4), Idaho Code, for inclusion in the criminal history records; (b) Provide the department and its accredited agents access to source records and files for the purpose of assessing the accuracy, completeness and timeliness of the criminal history records maintained by the department; and (c) Cooperate with the department so that it may properly perform the duties that are mandated by this chapter. (2) When a law enforcement agency or jail facility fingerprints a person as required by section 67-3004 , Idaho Code, the agency or facility shall initiate the reporting process by transmitting to the department the authorized and fully completed arrest fingerprint card and identification information within ten (10) working days after the arrest, arraignment or court-ordered fingerprinting. A law enforcement agency or jail facility required to take fingerprints shall ensure that the process control number on the arrest fingerprint card is transmitted to the appropriate court clerk for recording in the court’s automated information system. When appropriate, the law enforcement agency or jail facility shall report, in a manner and in a form prescribed by the department, the disposition relating to the charge or arrest. (3) The clerk of the court exercising jurisdiction over a case relating to a retainable offense shall report the court disposition of the case to the department, in a manner and format determined by the department after consultation with and approval by the Idaho supreme court. (4) The department of correction shall report, in a manner and on a form prescribed by the department, information on an individual committed to and released from a state correctional facility. (5) The department of correction shall report, in a manner and on a form prescribed by the department, information on an individual committed to and released from its supervision as a result of probation, parole or other judicial action. (6) With the approval of the department, a criminal justice agency or the court may report required information by electronic medium either directly to the department or indirectly through a sharing of information via the linkage of automated systems or databases. History: [67-3005, added 1999, ch. 249, sec. 2, p. 642.]

67-3006

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3006. Reporting of uniform crime information. A law enforcement agency shall submit to the department, at the time, in the manner, and in the form prescribed by the department, data regarding crimes committed within that agency’s jurisdiction. The department shall publish an annual report, available no later than July 1 of the following year, containing the statistical information gathered under this section that relates to the number and nature of criminal offenses, arrests, and clearances, and any other data the director determines to be appropriate relating to the method, frequency, cause and prevention of crime. History: [67-3006, added 1999, ch. 249, sec. 2, p. 642.]

67-3007

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3007. Completeness, accuracy and security of criminal history records. (1) The department shall: (a) Adopt reasonable procedures to ensure that criminal justice information it maintains is accurate and complete; (b) Notify a criminal justice agency or persons known to have received information of a material nature that is inaccurate or incomplete; (c) Provide adequate procedures and facilities to protect criminal justice information from unauthorized access and from accidental or deliberate damage; and (d) Provide procedures for screening, supervising and disciplining department personnel in order to minimize the risk of security violations. (2) The department shall, by rule, adopt procedures for a person to review and challenge the accuracy and completeness of an Idaho criminal history record pertaining to that person. The rules shall provide for administrative review of any challenge and the necessary correction of inaccurate and incomplete information. (3) The department of health and welfare shall furnish monthly to the department without fee a listing showing the name, date of birth, and social security number of each Idaho resident who has died during the preceding month. The listing shall be used only for the administration of criminal justice and shall not be disseminated by the department. (4) The department shall review each year a sample of records held by randomly selected agencies to verify adherence to the requirements of this chapter and other applicable state and federal laws. (5) The department is immune from any civil or criminal liability arising from the accuracy or completeness of any records it receives from the federal bureau of investigation or another state central repository, if the department acts in good faith. History: [67-3007, added 1999, ch. 249, sec. 2, p. 643.]

67-3008

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3008. Release of criminal history record information. (1) All units of state, city, and local governments; any agency of the state created by the legislature that requires by statute, rule, or local or county ordinance fingerprinting of applicants or licensees; and any persons associated with private, noncriminal justice entities that qualify under the national child protection act of 1993 and volunteers for children act that serve vulnerable populations such as children, the elderly, and individuals with disabilities are authorized to submit fingerprints to the bureau for examination and further submission, if necessary, to the federal bureau of investigation. The bureau shall be the state’s sole source of fingerprint submissions for criminal justice and applicant or licensing purposes to the federal bureau of investigation. (2) The department shall provide copies of or communicate information from criminal history records to the following: (a) Criminal justice agencies and the court; (b) A person or public agency or private entity, upon written application on a form approved by the director and provided by the department, subject to the following restrictions: (i) A request for criminal history records must be submitted in writing or as provided by rule. However, the department shall accept a request presented in person by the subject of the record; (ii) The request must identify a specific person by name and date of birth. Fingerprints of the person named may be required to establish positive identification; (iii) Responding to the request does not interfere with the secure and orderly conduct of the department and would not substantially prejudice or prevent the carrying out of the functions of the department; (iv) A record of an arrest that does not contain a disposition after twelve (12) months from the date of arrest may only be disseminated by the department to criminal justice agencies, to the subject of the record, or to a person requesting the criminal history information with a signed release from the subject of the record; and (v) Any release of criminal history data by the department shall prominently display the statement: AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT. (3) Judicial review of the department’s denial of a request for records shall be in accordance with the provisions of section 74-115 , Idaho Code. (4) A request for a criminal history record by a criminal justice agency or a court shall take precedence over all other requests. The department shall adopt rules to set forth the manner by which criminal justice agencies and courts without direct access to the public safety and security information system established by section 19-5202 , Idaho Code, may request Idaho criminal history record information. (5) Unless otherwise provided by law, access authorized under this section to criminal history records

67-3009

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3009. Criminal penalties. (1) It is unlawful for a person for personal gain to request, obtain, or attempt to obtain criminal history records under false pretenses or willfully communicate or attempt to communicate criminal history records to any agency or person not authorized to receive the information by law. A violation of this subsection is a misdemeanor. (2) It is unlawful for a person to willfully solicit, accept or agree to accept from another any pecuniary benefit as consideration for either willfully falsifying criminal history records or for willfully requesting, obtaining, or seeking to obtain criminal history records for a purpose not authorized by law. A violation of this subsection is a felony, and the punishment shall be a fine up to ten thousand dollars ($10,000) and imprisonment in a state prison not exceeding five (5) years. History: [67-3009, added 1999, ch. 249, sec. 2, p. 644.]

67-3010

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3010. Fees authorized. The department, by rule, shall establish and collect fees for taking fingerprints and for processing a request for criminal record review of state and federal files when the purpose is other than the administration of criminal justice. The department may also collect and account for fees charged by the federal bureau of investigation for processing fingerprints forwarded to the federal bureau of investigation by the department. History: [67-3010, added 1999, ch. 249, sec. 2, p. 645; am. 2008, ch. 48, sec. 1, p. 120.]

67-3011

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3011. Noncompliance with reporting requirements. (1) If any criminal justice agency subject to the fingerprinting and reporting requirements under section 67-3005 , Idaho Code, fails to comply with such requirements, the director may order the bureau to deny the agency access to criminal history records until the agency comes into compliance with reporting requirements prescribed by this chapter. (2) On the request of a criminal justice agency, the department may provide the agency with technical staff assistance to achieve or maintain compliance with reporting requirements. History: [67-3011, added 1999, ch. 249, sec. 2, p. 645.]

67-3012

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3012. National crime prevention and privacy compact. (1) Findings. The legislature finds that there is a need to improve the quality and completeness of criminal history records made available to a state when it conducts national fingerprint-based record checks for applicant or noncriminal justice purposes. Criminal history records automated and held at the state level are the most complete and accurate sources for fingerprint-based records checks for authorized agencies or organizations screening persons seeking positions of trust. Ratification of the National Crime Prevention and Privacy Compact will provide direct access to criminal history records maintained in other member states. (2) Enactment. The national crime prevention and privacy compact is hereby enacted into law and entered into with all other jurisdictions legally joined therein in the form substantially as follows: The contracting parties agree to the following: Overview (a) In general. This compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment. (b) Obligations of parties. Under this compact, the FBI and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the federal government and to party states for authorized purposes. The FBI shall also manage the federal data facilities that provide a significant part of the infrastructure for the system. ARTICLE I DEFINITIONS In this compact: (1) Attorney general. The term attorney general means the attorney general of the United States. (2) Compact officer. The term compact officer means: (A) With respect to the federal government, an official so designated by the director of the FBI; and (B) With respect to a party state, the chief administrator of the state’s criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository. (3) Council. The term council means the compact council established under article VI. (4) Criminal history records. The term criminal history records : (A) Means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and (B) Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system. (5) Criminal history record repository. The term criminal history record repository me

67-3013

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3013. Appointment of compact officer. The director of the Idaho state police shall appoint an Idaho state police employee as compact officer for the purpose of complying with article III of the national crime prevention and privacy compact, as set forth in section 67-3012 , Idaho Code. History: [67-3013, added 2005, ch. 69, sec. 2, p. 243.]

67-3014

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 30 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 67-3014. expungement for victims of human trafficking. (1) The provisions of this section shall only apply to individuals who are victims of human trafficking pursuant to chapter 86, title 18 , Idaho Code, and shall only apply to arrests, criminal prosecutions and convictions that are the result of acts induced by human traffickers. (2) Any person who was arrested, prosecuted and/or convicted of a violation of section 18-5613 , Idaho Code, or any other offense determined by the court to be appropriate, except convictions for offenses for which a defense of coercion would not be available and that was committed during a period of time when the person was a victim of human trafficking and that was the result of acts required by the human trafficker, may bring a petition under the provisions of this section to vacate such conviction and/or to expunge the criminal history records taken in connection with the conviction, including the arrest and prosecution resulting in such conviction or to expunge any criminal history records related to any arrest or prosecution that resulted in a dismissal or acquittal. Actions brought under this section are civil actions and the petitioner shall not be entitled to the appointment of counsel. Jury trial shall not be available in actions brought under this section. (3) Relief shall not be available under this section if the petitioner raised the affirmative defense of coercion at trial and was convicted. (4) Any action brought under this section shall be filed within a reasonable time after the arrest, prosecution or conviction that is the subject of the action brought under this section, except that a petition to expunge an arrest that did not result in a prosecution shall not be brought until two (2) years after the arrest. (5) If an action is filed under this section while a criminal case against the petitioner is pending and the charges in the criminal case are the same as the ones sought to be expunged or vacated in the action under this section, then the petition under this section shall be dismissed without prejudice. (6) The petition filed in this action shall: (a) Identify the petitioner, the case number and court in which any conviction or prosecution resulting in acquittal or dismissal occurred, the date and place of arrest and the agency that performed any arrest; (b) Include a short, plain statement under oath of the facts demonstrating that the petitioner is entitled to relief under the provisions of this section, including the identity of the human trafficker to the best of the petitioner’s knowledge; the approximate date, place and manner in which the petitioner became a victim of human trafficking; the petitioner’s age at the time the petitioner became a victim of human trafficking; and how the petitioner became involved in the activities resulting in the arrest, prosecution and/or conviction; and (