§ 7-19-602 — Compact provisions generally

The National Crime Prevention and Privacy Compact is enacted
into law and entered into by this state with any other state or
jurisdiction legally joining the compact in the form
substantially as follows:
Article I
Definitions
(a) As used in this compact, unless the context clearly
requires otherwise:
(i) "Attorney general" means the attorney general of
the United States;
(ii) "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.
(iii) "Council" means the compact council established
under article VI of this compact;
(iv) "Criminal history records" 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 dispositions arising therefrom, including acquittal,
sentencing, correctional supervision or release, but does not
include identification information such as fingerprint records
if that information does not indicate involvement of the
individual with the criminal justice system;
(v) "Criminal history record repository" means the
state agency designated by the governor or other appropriate
executive official or the legislature of a state to perform
centralized recordkeeping functions for criminal history records
and services in the state;
(vi) "Criminal justice" means the activities relating
to the 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 records;
(vii) "Criminal justice agency" means:
(A) Courts;
(B) A governmental agency or any subunit thereof
that:
(I) Performs the administration of criminal
justice pursuant to a statute or executive order; and
(II) Allocates a substantial part of its
annual budget to the administration of criminal justice; and
(C) Includes federal and state inspectors
general offices.
(viii) "Criminal justice services" means services
provided by the FBI to criminal justice agencies in response to
a request for information about a particular individual or as an
update to information previously provided for criminal justice
purposes;
(ix) "Criterion offense" means any felony or
misdemeanor offense not included on the list of nonserious
offenses published periodically by the FBI;
(x) "Direct access" means access to the national
identification index by computer terminal or other automated
means not requiring the assistance of, or intervention by, any
other party or agency;
(xi) "Executive order" means an order of the
president of the United States or the chief executive officer of
a state that has the force of law and that is promulgated in
accordance with applicable law;
(xii) "FBI" means the federal bureau of
investigation;
(xiii) "Interstate identification system" or "III
system" means the cooperative federal-state system for the
exchange of criminal history records and includes the national
identification index, the national fingerprint file and, to the
extent of their participation in the system, the criminal
history record repositories of the states and the FBI;
(xiv) "National fingerprint file" means a database of
fingerprints or other uniquely personal identifying information
relating to an arrested or charged individual maintained by the
FBI to provide positive identification or record subjects
indexed in the III system;
(xv) "National identification index" means an index
maintained by the FBI consisting of names, identifying numbers
and other descriptive information relating to record subjects
about whom there are criminal history records in the III system;
(xvi) "National indices" means the national
identification index and the national fingerprint file;
(xvii) "Nonparty state" means a state that has not
ratified this compact;
(xviii) "Noncriminal justice purposes" means uses of
criminal history records for purposes authorized by federal or
state law other than for purposes relating to criminal justice
activities, including employment suitability, licensing
determinations, immigration and naturalization matters and
national security clearances;
(xix) "Party state" means a state that has ratified
this compact;
(xx) "Positive identification" means a determination,
based on a comparison of fingerprints or other equally reliable
biometric identification techniques, that the subject of a
record search is the same person as the subject of a criminal
history record or records indexed in the III system.
Identification based solely upon a comparison of subjects' names
or other nonunique identification characteristics or numbers, or
combinations thereof, shall not constitute positive
identification;
(xxi) "Sealed record information" means:
(A) With respect to adults, that portion of a
record that is:
(I) Not available for criminal justice
uses;
(II) Not supported by fingerprints or other
accepted means of positive identification; or
(III) Subject to restrictions on
dissemination for noncriminal justice purposes pursuant to a
federal or state statute that requires action on a sealing
petition filed by a particular record subject; and
(B) With respect to juveniles, whatever each
state determines is a sealed record under its own law and
procedure.
(xxii) "State" means any state, territory or
possession of the United States, the District of Columbia and
the Commonwealth of Puerto Rico.
Article II
Purposes
(a) The purposes of this compact are to:
(i) Provide a legal framework for the establishment
of a cooperative federal-state exchange of criminal history
records for noncriminal justice purposes;
(ii) Require the FBI to permit use of the national
identification index and the national fingerprint file by each
party state and to provide, in a timely fashion, federal and
state criminal history records to requesting states, in
accordance with the terms of this compact and with rules,
procedures and standards established by the council under
article VI(a) of this compact;
(iii) Require party states to provide information and
records for the national identification index and the national
fingerprint file and to provide criminal history records, in a
timely fashion, to criminal history record repositories of other
states and the federal government for noncriminal justice
purposes, in accordance with the terms of this compact and with
rules, procedures and standards established by the council under
article VI(a) of this compact;
(iv) Provide for the establishment of a council to
monitor III system operations and to prescribe system rules and
procedures for the effective and proper operation of the III
system for noncriminal justice purposes; and
(v) Require the FBI and each party state to adhere to
III system standards concerning record dissemination and use,
response times, system security, data quality and other duly
established standards, including those that enhance the accuracy
and privacy of such records.
Article III
Responsibilities of Compact Parties
(a) The director of the FBI shall:
(i) Appoint an FBI compact officer who shall:
(A) Administer this compact within the federal
department of justice and among federal agencies and other
agencies and organizations that submit search requests to the
FBI pursuant to article (V)(c) of this compact;
(B) Ensure that compact provisions and rules,
procedures and standards prescribed by the council under article
VI of this compact are complied with by the federal department
of justice and the federal agencies and other agencies and
organizations referred to in subparagraph (A) of this paragraph;
and
(C) Regulate the use of records received by
means of the III system from party states when the records are
supplied by the FBI directly to other federal agencies.
(ii) Provide to federal agencies and to state
criminal history record repositories, criminal history records
maintained in its databases for the noncriminal justice purposes
described in article IV of this compact, including:
(A) Information from nonparty states; and
(B) Information from party states that is
available from the FBI through the III system, but is not
available from the party state through the III system.
(iii) Provide a telecommunications network and
maintain centralized facilities for the exchange of criminal
history records for both criminal justice purposes and the
noncriminal justice purposes described in article IV of this
compact, and ensure that the exchange of the records for
criminal justice purposes has priority over exchange for
noncriminal justice purposes; and
(iv) Modify or enter into user agreements with
nonparty state criminal history record repositories to require
them to establish record request procedures conforming to those
prescribed in article V of this compact.
(b) Each party state shall:
(i) Appoint a compact officer who shall:
(A) Administer this compact within the state;
(B) Ensure that compact provisions and rules,
procedures and standards established by the council under
article VI(a) of this compact are complied with in the state;
and
(C) Regulate the in-state use of records
received by means of the III system from the FBI or from other
party states.
(ii) Establish and maintain a criminal history record
repository, which shall provide:
(A) Information and records for the national
identification index and the national fingerprint file; and
(B) The state's III system-indexed criminal
history records for noncriminal justice purposes described in
article IV of this compact.
(iii) Participate in the national fingerprint file;
and
(iv) Provide and maintain telecommunications links
and related equipment necessary to support the services set
forth in this compact.
(c) In carrying out their responsibilities under this
compact, the FBI and each party state shall comply with III
system rules, procedures and standards duly established by the
council concerning record dissemination and use, response time,
data quality, system security, accuracy, privacy protection and
other aspects of III system operation.
(d) Maintenance of record services shall comply with the
following:
(i) Use of the III system for noncriminal justice
purposes authorized in this compact shall be managed so as not
to diminish the level of services provided in support of
criminal justice purposes;
(ii) Administration of compact provisions shall not
reduce the level of service available to authorized noncriminal
justice users on the effective date of this compact.
Article IV
Authorized Record Disclosures
(a) To the extent authorized by section 552a of title 5,
United States Code (commonly known as the Privacy Act of 1974),
the FBI shall provide on request criminal history records
(excluding sealed records) to state criminal history record
repositories for noncriminal justice purposes allowed by federal
statute, federal executive order, or a state statute that has
been approved by the attorney general and that authorizes
national indices checks.
(b) The FBI, to the extent authorized by section 552a of
title 5, United States Code (commonly known as the Privacy Act
of 1974), and state criminal history record repositories, shall
provide criminal history records (excluding sealed records) to
criminal justice agencies and other governmental or
nongovernmental agencies for noncriminal justice purposes
allowed by federal statute, federal executive order, or a state
statute that has been approved by the attorney general, that
authorizes national indices checks.
(c) Any record obtained under this compact may be used
only for the official purposes for which the record was
requested. Each compact officer shall establish procedures,
consistent with this compact and with rules, procedures and
standards established by the council under article VI of this
compact, which procedures shall protect the accuracy and privacy
of the records and shall:
(i) Ensure that records obtained under this compact
are used only by authorized officials for authorized purposes;
(ii) Require that subsequent record checks are
requested to obtain current information whenever a new need
arises; and
(iii) Ensure that record entries that may not legally
be used for a particular noncriminal justice purpose are deleted
from the response and, if no information authorized for release
remains, an appropriate "no record" response is communicated to
the requesting official.
Article V
Record Request Procedures
(a) Subject fingerprints or other approved forms of
positive identification shall be submitted with all requests for
criminal history record checks for noncriminal justice purposes.
(b) Each request for a criminal history record check
utilizing the national indices made under any approved state
statute shall be submitted through that state's criminal history
record repository. A state criminal history record repository
shall process an interstate request for noncriminal justice
purposes through the national indices only if the request is
transmitted through another state criminal history record
repository or the FBI.
(c) Each request for criminal history record checks
utilizing the national indices made under federal authority
shall be submitted through the FBI or, if the state criminal
history record repository consents to process fingerprint
submissions, through the criminal history record repository in
the state in which the request originated. Direct access to the
national identification index by entities other than the FBI and
state criminal history records repositories shall not be
permitted for noncriminal justice purposes.
(d) A state criminal record repository or the FBI:
(i) May charge a fee, in accordance with applicable
law, for handling a request involving fingerprint processing for
noncriminal justice purposes; and
(ii) May not charge a fee for providing criminal
history records in response to an electronic request for a
record that does not involve a request to process fingerprints.
(e) If an additional search is required, the following
shall apply:
(i) If a state criminal history record repository
cannot positively identify the subject of a record request made
for noncriminal justice purposes, the request, together with
fingerprints or other approved identifying information, shall be
forwarded to the FBI for a search of the national indices;
(ii) If, with respect to a request forwarded by a
state criminal history record repository under paragraph (i) of
this subsection, the FBI positively identifies the subject as
having a III system indexed record or records:
(A) The FBI shall so advise the state criminal
history record repository; and
(B) The state criminal history record repository
shall be entitled to obtain the additional criminal history
record information from the FBI or other state criminal history
record repositories.
Article VI
Establishment of Compact Council
(a) There is established a council to be known as the
compact council, which shall have the authority to promulgate
rules and procedures governing the use of the III system for
noncriminal justice purposes, not to conflict with FBI
administration of the III system for criminal justice purposes.
(b) The council shall:
(i) Continue in existence as long as this compact
remains in effect;
(ii) Be located, for administrative purposes, within
the FBI; and
(iii) Be organized and hold its first meeting as soon
as practicable after the effective date of this compact.
(c) The council shall be composed of fifteen (15) members,
each of whom shall be appointed by the attorney general, as
follows:
(i) Nine (9) members, each of whom shall serve a two
(2) year term, who shall be selected from among the compact
officers of party states based on the recommendations of the
compact officers of all party states, except that, in the
absence of the requisite number of compact officers available to
serve, the chief administrator of the criminal history record
repositories of nonparty states shall be eligible to serve on an
interim basis;
(ii) Two (2) at-large members, nominated by the
director of the FBI, each of whom shall serve a three (3) year
term, of whom:
(A) One (1) shall be a representative of a
criminal justice agency of the federal government and may not be
an employee of the FBI; and
(B) One (1) shall be a representative of a
noncriminal justice agency of the federal government.
(iii) Two (2) at-large members, nominated by the
chairperson of the council, once the chairperson is elected
pursuant to subsection (d) of this article, each of whom shall
serve a three (3) year term, of whom:
(A) One (1) shall be a representative of a state
or local criminal justice agency; and
(B) One (1) shall be a representative of a state
or local noncriminal justice agency.
(iv) One (1) member, who shall serve a three (3) year
term, and who shall simultaneously be a member of the FBI's
advisory policy board on criminal justice information services,
nominated by the membership of that policy board;
(v) One (1) member, nominated by the director of the
FBI, who shall serve a three (3) year term, and who shall be an
employee of the FBI.
(d) From its membership, the council shall elect a
chairperson and a vice chairperson of the council, respectively.
Both the chairperson and the vice chairperson of the council:
(i) Shall be a compact officer, unless there is no
compact officer on the council who is willing to serve, in which
case the chairperson may be an at-large member; and
(ii) Shall serve a two (2) year term and may be
reelected to only one (1) additional two (2) year term.
(e) The vice chairperson of the council shall serve as the
chairperson of the council in the absence of the chairperson.
(f) The council shall meet at least once each year at the
call of the chairperson. Each meeting of the council shall be
open to the public. The council shall provide prior public
notice in the federal register of each meeting of the council,
including the matters to be addressed at the meeting.
(g) A majority of the council or any committee of the
council shall constitute a quorum of the council or of the
committee, respectively, for the conduct of business. A lesser
number may meet to hold hearings, take testimony or conduct any
business not requiring a vote.
(h) The council shall make available for public inspection
and copying at the council office within the FBI, and shall
publish in the federal register, any rules, procedures or
standards established by the council.
(j) The council may request from the FBI, reports,
studies, statistics or other information or materials as the
council determines to be necessary to enable the council to
perform its duties under this compact. The FBI, to the extent
authorized by law, may provide assistance or information in
response to a request by the council.
(k) The chairperson may establish committees as necessary
to carry out this compact and may prescribe their membership,
responsibilities and duration.
Article VII
Ratification of Compact
(a) This compact shall take effect upon being entered into
by two (2) or more states as between those states and the
federal government. Upon subsequent entering into this compact
by additional states, it shall become effective among those
states and the federal government and each party state that has
previously ratified it. When ratified, this compact shall have
the full force and effect of law within the ratifying
jurisdictions. The form of ratification shall be in accordance
with the laws of the executing state.
Article VIII
Miscellaneous Provisions
(a) Administration of this compact shall not interfere
with the management and control of the director of the FBI over
the FBI's collection and dissemination of criminal history
records and the advisory function of the FBI's advisory policy
board chartered under the Federal Advisory Committee Act (5
U.S.C. App.) for all purposes other than noncriminal justice.
(b) Nothing in this compact shall require the FBI to
obligate or expend funds beyond those appropriated to the FBI.
(c) Nothing in this compact shall diminish or lessen the
obligations, responsibilities and authorities of any state,
whether a party state or a nonparty state, or of any criminal
history record repository or other subdivision or component
thereof, under the federal departments of state, justice and
commerce, the judiciary, and Related Agencies Appropriation Act,
1973 (Pub. L. 92-544), or regulations and guidelines promulgated
thereunder, including the rules and procedures promulgated by
the council under article VI(a) of this compact, regarding the
use and dissemination of criminal history records and
information.
Article IX
Renunciation
(a) This compact shall bind each party state until
renounced by the party state.
(b) Any renunciation of this compact by a party state
shall:
(i) Be effected in the same manner by which the party
state ratified this compact; and
(ii) Become effective one hundred eighty (180) days
after written notice of renunciation is provided by the party
state to each other party state and to the federal government.
Article X
Severability
(a) The provisions of this compact shall be severable, and
if any phrase, clause, sentence or provision of this compact is
declared contrary to the constitution of any participating
state, to the constitution of the United States or to the
applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If a portion of this compact is held contrary to the
constitution of any party state, all other portions of this
compact shall remain in full force and effect as to the
remaining party states and in full force and effect as to the
party state affected, as to all other provisions.
Article XI
Adjudication of Disputes
(a) The council shall:
(i) Have initial authority to make determinations
with respect to any dispute regarding:
(A) Interpretation of this compact;
(B) Any rule or standard established by the
council; and
(C) Any dispute or controversy between any
parties to this compact.
(ii) Hold a hearing concerning any dispute described
in paragraph (i) of this subsection at a regularly scheduled
meeting of the council and only render a decision based upon a
majority vote of the members of the council. The decision shall
be published pursuant to the requirements of article VI(e) of
this compact.
(b) The FBI shall exercise immediate and necessary action
to preserve the integrity of the III system, maintain system
policy and standards, protect the accuracy and privacy of
records and to prevent abuses, until the council holds a hearing
on such matters.
(c) The FBI or a party state may appeal any decision of
the council to the attorney general and thereafter may file suit
in the appropriate district court of the United States, which
shall have original jurisdiction of all cases or controversies
arising under this compact. Any suit arising under this compact
and initiated in a state court shall be removed to the
appropriate district court of the United States in the manner
provided by 24 U.S.C. § 1446, or other statutory authority.