Neb. Admin. Code tit. 78 — Crime Commission

Chapter 1 Procedures for Challenge and Correction of Criminal History Record Information

Neb. Admin. Code tit. 78, ch. 1 Procedures for Challenge and Correction of Criminal History Record Information {#sec-78-nac-1 omnilex-key=us-ne-regs-official--title-78--78 NAC 1}

001 Purpose - To provide procedures for challenge of the completeness or accuracy of criminal history record information and to provide procedures for correcting of such records when found to be incomplete or inaccurate.

002 Scope - Applicable to all criminal justice agencies in the State of Nebraska.

003 Authority - This regulation is adopted in accordance with the provisions of Article 9, Chapter 81, R.R.S. 1943 as amended to date, and pursuant to the authority contained in Section 81-1423 (1), (5), (8), (9), and (14), R.R.S. 1943, as amended by Laws 1978, LB 713, Section 29.

003.01 - These rules are intended and designed to meet the requirements of Title 28 of the Code of Federal Regulations, Chapter 1, Part 20 as amended December 6, 1977.

004 Effective Date - This regulation shall become effective September 6, 1978.

005 Record Review - Any person in interest who asserts that he or she has reason to believe that criminal history information relating to him or her, or another person in whose interest he or she acts, is maintained by any system in the state, shall be entitled to review and receive a copy of such information for the purpose of determining its accuracy and completeness by making application to the agency operating such system. The applicant shall provide satisfactory verification of the subject=s identify, which shall include name, date and place of birth. When identification is doubtful, a set of fingerprint impressions may be taken by the law enforcement agency. The review authorized by this rule and regulation is limited to criminal history record information.

006 Procedure - When any person in interest, upon review of criminal history information finds what he or she believes to be inaccurate or incomplete information as defined by this regulation, he or she shall within three days notify the agency maintaining the criminal history information in writing that he or she believes the records to be incomplete or inaccurate.

006.01 Notification must include a specific description of the record entries believed to be inaccurate or incomplete and a description of what the record should accurately contain. Any criminal justice agency receiving notification shall respond to the applicant within five working days. Response by the agency shall include either an indication that correction procedures have been initiated or shall include intent to maintain the record as it exists. Copies of all correspondence regarding correction or refusal to correct shall be retained by the criminal justice agency.

006.02 If the applicant is notified by the criminal justice agency that the record will not be corrected, he or she may seek administrative review by the Nebraska Commission on Law Enforcement and Criminal Justice. Application for administrative review shall include the following:

006.02A Full name, place and date of birth of subject of criminal history record.

006.02B Copy of criminal history record in dispute.

006.02C Description of what record should contain.

006.02D Copies or correspondence between applicant and agency holding disputed information.

006.03 Upon receipt of a full application, Commission staff shall, within three working days, notify both the person in interest and the agency holding the record that an application has been received and that an administrative review will be started. The Commission staff will review records and conduct interviews as may be necessary to reach a conclusion of whether the disputed record is inaccurate or incomplete. Commission staff will, within 30 days, report the findings of the administrative review to the Data Processing Committee of the Commission. Commission staff shall notify the applicant and the agency holding the record information of the time and place of the Data Processing Committee meeting in which the report will be presented. The Data Processing Committee will review the staff report and conclusions and make a finding at that time.

006.04 If it is the finding of the Data Processing Committee that information in the criminal history record is inaccurate or incomplete, the Commission staff will notify both the applicant and the agency holding the record and will direct the agency to begin correction procedures.

006.05 If either the applicant or the agency holding the record desire to contest the decision of the Data Processing Committee, they shall within ten days notify the Commission in writing of their intent to do so. The appeal shall be considered a contested case as defined by Section 84-901, R.R.S., 1943. A hearing before the Commission Data Processing Committee shall be scheduled within 30 days and shall be conducted in a manner consistent with Sections 84-913 through 84-916, R.R.S., 1943.

007 Hearing Procedures - Upon acceptance by the Commission of a contested case, as defined in Section 84-901 (3) Reissued Revised Statutes of Nebraska, the following procedures shall be used for hearing:

007.01 Notice: All parties involved in contested cases shall be notified not less than 20 working days prior to the hearing.

007.02 Request for Hearing/Filing Procedures: The person requesting the hearing shall make the request in writing. The request shall be accompanied with the following documentation.

007.02A Full name, place of birth and date of birth of subject of criminal history record.

007.02B Copy of criminal history record in dispute.

007.02C Description of disputed point in record and description of what record should contain.

007.02D Copies of correspondence between agency holding disputed information and applicant.

007.02E Listing and description of any supplementary information or evidence to be considered in the hearing.

007.03 Continuances: Any person desiring a continuance shall, immediately upon receipt of notice of hearing or as soon thereafter as facts requiring such continuance come to his knowledge, notify the Director of the Nebraska Commission on Law Enforcement and Criminal Justice by letter or telegram as so desired, stating in detail the reasons why such continuance is necessary. For good cause, the Director may grant such a continuance and may at any time order a continuance on his own motion. Request for continuances, unless justified by exceptional circumstances, must be submitted seven days prior to the hearing date.

007.04 Conduct of Hearings: The hearing will be conducted by the Chairman of the Commission=s Data Processing Committee or by hearing officer as the Chairman may designate. The Chairman or hearing officer will open proceedings, rule on motions and objections relating to testimony and evidence, interrogate any witness to ascertain additional facts, and close the proceedings. All parties may make opening and closing statements, if they so desire.

007.05 Transcripts: At the discretion of the Chairman, hearings may be recorded by a court reporter, recorded by tape recorder or by secretary in shorthand. Any person involved in the proceedings may request and obtain an official record of the proceedings, provided the request is in writing and delivered to the Director of the Commission at least five days prior to the date of hearing. Charge for preparing an official record will be paid by the party requesting it.

007.06 Findings: Upon completion of the hearing, the Data Processing Committee shall take the matter under advisement and shall subsequently make findings and enter an order in accordance with Section 84-915 R.R.S. 1943.

007.07 Appeal: Except as otherwise provided by law, any person may appeal the order given by the Data Processing Committee to the District Court in accordance with the provisions of Section 84-917 R.R.S. 1943, as amended.

007.08 Evidence: the chairman or hearing officer shall receive into record all evidence in accordance with the criteria in Section 84-914 R.R.S. 1943.

008 Correction Procedures - Upon a finding by the Commission that a record is incomplete or inaccurate, the criminal justice agency holding the record shall within 15 working days notify all criminal justice agencies which are known by the agency to be recipients of the incorrect record. The agency shall submit to the Commission in writing either a list of agencies notified of the correction or a certification by the chief executive officer of the agency that the record had not been disseminated to any other criminal justice agencies. The criminal justice agency shall also, within 15 working days, supply to the applicant upon his or her request, the names of all non-criminal justice agencies or individuals to which the record has been given.

009 Definitions - As used in this regulation:

009.01 A Criminal history record information@ means information collected by criminal justice agencies on individuals consisting of identifiable descriptions or notations of issuance of arrest warrants, arrests, detentions, indictments, charges by information, and other formal criminal charges and any disposition arising from such arrest, charges, sentencing, correctional supervision and release. Criminal history record information does not include intelligence or investigative information.

009.02 A Persons in interest@ means the person who is the primary subject of a criminal justice record or any representative designated by such person, except that if the subject of the record is under legal disability, person in interest shall mean the person=s parent or duly appointed legal representative.

009.03 A Errors of a material nature@ means errors that distort information detailing date, time, location, or nature of any criminal justice proceedings which are documented in record.

009.04 A Complete and accurate@ means that arrest records show the subsequent disposition of the case as it moves through the various stages of the criminal justice system. Accurate shall mean containing no erroneous information of a material nature.

History

Effective 1984-04-16

Chapter 2 Rule and Regulation to Prescribe Forms for Disposition Reporting and to Establish a Disposition Reporting System

Neb. Admin. Code tit. 78, ch. 2 Rule and Regulation to Prescribe Forms for Disposition Reporting and to Establish a Disposition Reporting System {#sec-78-nac-2 omnilex-key=us-ne-regs-official--title-78--78 NAC 2}

001 Purpose - To prescribe forms to be used for reporting dispositions of criminal cases and to establish an efficient system of reporting dispositions to ensure criminal history information maintained in Nebraska is complete and accurate.

002 Scope - This regulation shall apply to all criminal justice agencies in the State of Nebraska as defined by Section 29-3501 through 29-3528, R.R.S. 1943.

003 Authority - This regulation is adopted in accordance with the provisions of Article 9, Chapter 84, R.R.S., 1943, as amended to date, and pursuant to the authority contained in Section 81-1423, R.R.S. 1943.

003.01 - These rules are intended and designed to meet the requirements of Laws 1978, LB 713 and of Title 28 of the Code of Federal Regulations, Chapter 1, Part 20, as amended December 6, 1977.

004 Effective Date - This regulation shall become effective June 15, 1982.

005 Prescription of Forms - all arresting agencies will use Form 1. All forms, except Form 1 must be used by agencies that do not possess the capacity for electronic reporting. Those agencies which do possess the capacity for electronic reporting are encouraged to do so. Data submitted electronically shall contain all information required by Forms 3, 4, and 5 as prescribed by this rule.

005.01 - Form 1 - Arrest card (card stock, bottom section) shall be used by all law enforcement agencies. This form is the fingerprint card supplied by the Nebraska State Patrol as referenced by Section 29-209 R.R.S. 1943 and amended by LB 713 (1978).

005.02 - Form 2 - Arrest card (multi-copy, top section) shall be used by all law enforcement agencies. It shall also be used by all prosecutorial agencies in the State of Nebraska when any arrested individual is referred to the prosecutorial agency.

005.03 - Form 3 - Preliminary Disposition form shall be used by all courts which hold preliminary hearing jurisdiction in felony matters.

005.04 - Form 4 - Final Disposition Form shall be used by all courts which have felony jurisdiction.

005.05 - Form 5 - Appeal/Modification Form shall be used by all courts which have felony jurisdiction or courts having appellate jurisdiction in felony matters.

005.06 - Form 6 - Incarceration Disposition Form 1 shall be used by all administering authorities for jail facilities.

006 Recommended Forms - Forms described in this section are recommendations only and need not be followed if satisfactory reporting arrangements have been worked out among the local agencies involved.

006.01 - Form L1 - Prosecution Disposition Forms may be used by all prosecutorial agencies in the State of Nebraska.

006.02 - Form L2 - Misdemeanor Disposition Form may be used by all courts having misdemeanor jurisdiction (same form as Form 3, above.)

006.03 - Form L3 - Appeal/Modification Form may be used by all courts having misdemeanor jurisdiction or courts having appellate jurisdiction in misdemeanor matters.

006.04 - Form L4 - Incarceration Disposition Form 2 may be used by the administration of all local incarceration facilities.

007 Offenses Specified:

007.01 - Forms prescribe in paragraph 005 above shall be used for reporting of proceedings in criminal offenses for which there is a felony arrest under Nebraska statutes, arrests of persons identified as felony fugitives of other jurisdictions, and persons arrested for any reason against whom felony charges are filed.

007.02 - Forms prescribed in paragraph 006 may be used for all other criminal arrests made in the State of Nebraska.

008 - Procedure

008.01 - NOTE: As used in this Rule, disposition information shall include a description of any sentence imposed. Sentence information shall include location and length of confinement, length of probation, and amount of fine Terms of probation are not included.

008.01A - for all arrests made in the State of Nebraska as specified in 007.01 above:

008.01A1 - the arresting agency will send one copy of FBI fingerprint card and Form 1 to the Nebraska State Patrol.

008.01A1a - Exception:

008.01A1a(1) - Form 1 and FBI fingerprint card shall not be sent to the State patrol for any child less than 18 years old unless: (1) the child has been convicted of a felony; (2) the child has unlawfully terminated his or her commitment to a Youth Development Center; or (3) the chid is a runaway, and a fingerprint check is needed for identification purposes to return the chid to his or her parents.

008.01A1a(2) - When a person for whom a warrant has been issued for any offense surrenders him or herself to a prosecutor, the prosecutor shall promptly arrange to have the person formally booked by the appropriate law enforcement agency. If a person has not been formally booked for a non-felony arrest and felony charges are subsequently filed, the prosecutor shall promptly arrange formal booking.

008.01A1a(3) - When the arrested person is not held for prosecution, that action shall be entered in the Final Disposition area of Form 1 and sent to the Nebraska State Patrol.

008.01A2 - The arresting agency will retain the card stock of Form 2 and will forward all paper copies to the prosecutor unless final disposition of all matters is had in the arresting agency.

008.01A3 - The prosecuting agency will denote its action on Form 2. If no changes are filed, a copy of Form 2 shall be filed with the Clerk of the County Court, who will forward same to the office of the State Court Administrator. The State Court Administrator shall forward same to the Nebraska State Patrol. If charges are filed, a copy of Form 2 shall be filed with the Clerk of the Court assuming jurisdiction. In either case, a copy of form 2 shall be returned to the arresting agency.

008.01A4 - If any charges are filed, the court assuming jurisdiction shall send one copy of Form 3 to the Office of the State Court Administrator.

008.01A5 - Upon the departure of the case(s) from the jurisdiction of the court, such court shall send a second copy of Form 3 to the Office of the State Court Administrator and return a copy to the arresting agency and; In the case of a felony bind over fill in identification information on Form 4 and submit that along with a copy of Form 3 to the district court or; In the case of a misdemeanor conviction submit a copy of Form 3 to the agency assuming jurisdiction if any.

008.01A6 - Upon formal filing in the district court, that court will complete the filing information on Form 4 and send one copy of Form 4 to the Office of the State Court Administrator.

008.01A7 - Upon disposition of each casein district court the remainder of Form 4 will be filled out and copies sent to the Office of the State Court Administrator and the arresting agency and; A copy of Form 4 will be transmitted to the agency, if any, assuming jurisdiction over the individual.

008.01A8 - If after a felony bind over the prosecutor, in is discretion, declines to pursue prosecution, the prosecutor=s action and date of action shall be recorded on the prosecutor=s copy of Form 2. Photostatic copies of Form 2 shall be made and distributed to: (a) The original arresting agency; (b) the Clerk of the County Court (who shall send same to the Office of the State Court Administrator). The State Court Administrator shall forward same to the Nebraska State Patrol.

008.01A9 - Form 6 will be submitted to and through the Department of Correctional Services.

008.01A10 - Upon change of probation status (completion, revocation, etc.), a copy of Form 4 showing the nature and date of such change shall be sent by the field Probation Officer to the State Probation Administrator. He shall forward same to the Nebraska State Patrol.

008.01A11 - Post-conviction modifications within the State Court System shall be reported on Form 5 by the modifying court and shall, within 15 days, be sent to the State Court Administrator and the arresting agency.

008.01A12 - If the defendant in any felony action pursues relief in the federal courts, it shall be the obligation of the State Attorney General to report to the Nebraska State Patrol and arresting agency on Form 5 only if such action results in the alteration of any conviction or sentence previously reported.

008.01A13 - If the modification is an order for a new trial, and a new trial is not held, the prosecutor=s action and date of action shall be recorded on the prosecutor=s copy of Form 2. Photostatic copies of Form 2 shall be made and distributed to: (a) The original arresting agency; (b) The Clerk of the County Court (who shall end same to the Office of the State Court Administrator). The State Court Administrator shall forward same to the Nebraska State Patrol.

008.01B - For all arrests made in the State of Nebraska as specified in 007.02 above:

008.01B1 - A record shall be kept of the arrest by the arresting agency or by the operator of the local criminal history record information system in which the agency participates.

008.01B2 - When the arresting agency does not refer the case to a prosecutor, the agency shall, within 15 days, enter that action and the nature of the action on the arrest record as a disposition.

008.01B3 - When the prosecuting agency declines to file charges or chooses to divert the person arrested, the agency shall, within 15 days, notify the arresting agency or the operator of the local CHRI system of the action and the nature of the action.

008.01B4 - The court making final disposition of the case shall, within 15 days, notify the arresting agency or the operator of the local CHRI of that disposition. Form 3 may be used for this purpose.

008.01B5 - Any court making modification to any previously recorded disposition shall, within 15 days, notify the arresting agency or the operator of the local CHRI system of that modification. Form 5 may be used for this purpose.

008.01B6 - The administering agency for a local incarceration facility shall, within 15 days, notify the arresting agency or the operator of the local CHRI of any disposition of that incarceration.

008.01B7 - The State Probation Administrator shall, within 15 days, notify the arresting agency or the operator of the local CHRI of any disposition of any probationer which comes under the jurisdiction of the State Probation Department.

History

Effective 1984-04-26

Chapter 3 Procedures for Storage and Dissemination of Criminal History Record Information

Neb. Admin. Code tit. 78, ch. 3 Procedures for Storage and Dissemination of Criminal History Record Information {#sec-78-nac-3 omnilex-key=us-ne-regs-official--title-78--78 NAC 3}

001 Purpose - To insure that each criminal justice information system maintained in Nebraska shall contain complete and accurate criminal history information and to assure implementation of dissemination guidelines established by Legislative Bill 713, 1978.

002 Scope - This regulation shall apply to all criminal justice agencies in the State of Nebraska as defined by Laws 1978, LB 713.

003 Authority - This regulation is adopted in accordance with the provisions of Article 9, Chapter 84, R.R.S. 1943, as amended to date, and pursuant to the authority contained in Section 81-1423(1), (5), (8), (9) and (14), R.R.S. 1943, as amended by laws 1978, LB 713, Section 18.

003.01 These rules are intended and designed to meet the requirements of Laws 1978, LB 713 and of Title 28 of the Code of Federal Regulations, Chapter 1, Part 20, as amended December 6, 1977.

O04 Effective Date - This regulation shall become effective April 1, 1979.

005 Public Records - For purposes of dissemination the following are public records:

005.01 Complete criminal history record information;

005.02 Posters, announcement, lists for identifying or apprehending fugitives or wanted persons, photographs taken in conjunction with an arrest for purposes of identification of an arrested person;

005.03 Original records of entry such as police blotters, offenses reports, or incident reports;

005.04 Court records of any judicial proceeding;

005.05 Records of traffic offenses maintained by the Department of Motor Vehicles for the purpose of regulating the issuance, suspension, revocation, or renewal of drivers= or the operators= licenses.

006 Dissemination Procedures:

006.01 All criminal justice agencies shall, upon dissemination of criminal history record information:

006.01A Maintain a listing of individuals or agencies in and out of the state to whom criminal history record information was released.

006.01B Retain description of information released.

006.01C Record the date of release.

006.02 Criminal justice agencies shall also establish procedures to monitor delinquent disposition reporting and verify all record entries of criminal history record information.

006.03 Criminal history information may be disseminated without recording 006.01A, 006.01B and 006.01C above if the information is directly related to the offense or offenses for which a person is currently involved in the criminal justice system.

006.04 Routine transfer among users of a stored computerized information system, of computerized stored and generated criminal data is exempt from 006.01A, 006.01B and 006.01C, above where on-line updating and retrieval are present.

006.05 Criminal justice agencies shall assure that complete criminal history record information is open to inspection and copying by any person during normal business hours and at such other times that may be established by the agency maintaining the record. Criminal justice agencies may adopt such regulations with regard to inspection and copying of records as are reasonably necessary for the physical protection of the records and the prevention of unnecessary interference with the discharge of the duties of the agency.

006.06 If the criminal history information requested is not in the custody or the control of the person to whom the application is made, that person shall immediately notify the applicant of this fact. Notification shall be in writing, if requested by the applicant and shall state the agency, if known, which has custody or control of the record in question. If the requested criminal history information or other public record, as defined by this regulation, is in the custody and control of the person to whom the application is made but is not available at the time the applicant asks to examine it, the applicant shall be immediately notified (in writing, if requested by the applicant) and a date and hour within three working days shall be set for inspection of the record.

006.07 Criminal Justice agencies may assess reasonable fees, not to exceed actual costs, for search, retrieval, and copying of criminal justice records and may waive fees at their discretion. When fees for certified copies or other copies, printouts, or photographs of such records are specifically prescribed by law, such specific fees shall apply.

006.08 Criminal history record information, as used in this regulation, shall not include intelligence or investigative information.

006.09 Criminal history record information consisting of a notation of arrest, without subsequent disposition after an interval of one year and no active prosecution is pending, shall not be disseminated to persons other than criminal justice agencies except when the subject of the record:

006.09A Is currently the subject of prosecution or correctional control as a result of a separate arrest;

006.09B Is currently an announced candidate for or holder of public office; or

006.09C Has made a notarized request for the release of such record to a specific person.

006.10 Criminal justice agencies releasing information defined in this paragraph shall maintain a record of the information released, the person or agency to whom it was released to, the date of release, and a description of the circumstances fitting the above exemptions.

006.11 Information regarding cases in which the original arrest was made by a federal officer may only be disseminated as follows:

006.11A Criminal justice agencies for criminal justice purposes.

006.11B Federal agencies authorized to receive it pursuant to Federal Statute or Executive Order.

006.11C For use in connection with licensing or local/state employment or for other uses only if such dissemination is authorized by federal or state statutes and approved by the U.S. Attorney General. When no active prosecution of the charge is known to be pending, arrest data more than one year old will not be disseminated unless accompanied by information relating to the disposition of that arrest.

006.11D For issuance of press releases and publicity designed to effect the apprehension of wanted person in connection with serious or significant offenses (28 CFR part 20.33)

006.12 Criminal History Record Information which has been obtained from a jurisdiction outside of the State of Nebraska must be disseminated according to the laws and/or regulations of the State from which the record was obtained.

006.13 Dissemination means transmission of criminal history record information to individuals and agencies other than criminal justice agencies that are jointly maintaining a central repository, where the information is to be used for administration of criminal justice. The reporting of a criminal justice transaction to a State, local or Federal repository or comparison of records for purposes of verification between reporting agencies and repositories, shall not be considered a dissemination of information.

007 Security - Direct access to criminal history record information system facilities, system operating environments, data file contents, and system documentation shall be restricted to authorized organizations and persons.

007.01 Wherever criminal record information is collected, stored, or disseminated, the criminal justice agency or agencies responsible for the operation of the system:

007.01A May determine for legitimate security purposes which personnel may work in a confined area where such information is stored, collected or disseminated;

007.01B Shall select and supervise all personnel authorized to have direct access to such information;

007.01C Shall ensure that an individual or agency authorized direct access is administratively held responsible for:

007.01C1 The physical security of criminal history record information under its control or in its custody;

007.01C2 The protection of such information from unauthorized access, disclosure or dissemination;

007.01D Shall institute procedures to reasonably protect any central repository of criminal history record information from unauthorized access, theft, sabotage, fire, flood, wind or any natural or man-made disasters;

007.01E Shall provide that each employee working with or having access to criminal history record information is made familiar with the security, privacy and dissemination of Criminal History Information Act (Laws 1978, LB 713) and Rules and Regulations adopted in accordance with the Act by the Nebraska Commission on Law Enforcement and Criminal Justice.

007.01F Require that direct access to criminal history record information is made available to only authorized officers or employees of a criminal justice agency and, as necessary, other authorized personnel essential to the proper operation of the criminal history record information system. This section of this regulation shall not be construed to inhibit or limit dissemination of criminal history record information as authorized in other sections of this regulation.

007.02 Criminal justice agencies using computerized record keeping facilities shall assure the following:

007.02A Criminal history record information is to be stored by the computer in such a manner that it cannot be modified, destroyed, accessed, changed, purged, or overlaid in any fashion by non-criminal justice terminals;

007.02B Operation programs are used that will prohibit inquiry, record updates, or destruction of records from any such terminal other than criminal justice system terminals which are so designated;

007.02C Destruction of records is limited to designated terminals under the direct control of the criminal justice agency responsible for creating or storing the criminal history record information;

007.02D Operational programs are used to detect and store, for the output of the designated criminal justice agency employees, all unauthorized attempts to penetrate any criminal history record information system, program, or file; and

007.02E That security programs specified in this paragraph are known only to criminal justice agency employees responsible for criminal history record information control, or individuals and agencies pursuant to a specific agreement with the criminal justice agency to provide such programs and that the programs are kept continuously under maximum security conditions.

008 Unauthorized Access or Dissemination - Any person who:

008.01 Permits unauthorized direct access to criminal history record information, or

008.02 Knowingly fails to disseminate or make public criminal history record information as required by Laws 1978, LB 713, or

008.03 Knowingly disseminates non-discloseable criminal history record information in violation of the before mentioned Act, shall be guilty of a Class IV misdemeanor.

009 Compliance - Whenever any officer or criminal justice agency in the state fails to comply with the requirements of this regulation, Laws 1978, LB 713, or any other regulations adopted by the Nebraska Commission on Law Enforcement and Criminal Justice pursuant to the Act, any person aggrieved may bring an action, including but not limited to an action for mandamus, to compel compliance. Such action may be brought in the District Court of any district in which the records are located or in the District Court of Lancaster County. The Commission may request the Attorney General to bring such action.

History

Effective 1979-02-14

Chapter 4 Audit Procedures for Compliance with the Security, Privacy, and Dissemination of Criminal History Information Act

Neb. Admin. Code tit. 78, ch. 4 Audit Procedures for Compliance with the Security, Privacy, and Dissemination of Criminal History Information Act {#sec-78-nac-4 omnilex-key=us-ne-regs-official--title-78--78 NAC 4}

001 Purpose - To provide procedures for auditing criminal justice agencies, and disposition and appeal of audit findings.

002 Scope - The regulation is applicable to all criminal justice agencies within the State of Nebraska.

003.01 These rules are intended and designed to meet the requirements of Title 28 of the Code of Federal Regulations, Chapter 1, Part 20, as amended December 6, 1977.

004 Effective Date - This regulation shall become effective September 9, 1979.

005 Background - Title 28, Code of Federal Regulations, Part 20.21(e) requires that the state insure that annual audits of a representative sample of state and local criminal justice agencies are conducted to verify adherence with regulations established for handling of criminal justice records. The Commission is authorized to Aconduct random annual audits of criminal justice agencies to verify the accuracy and completeness of criminal history information maintained in such agencies and to determine compliance with the laws and regulations dealing with dissemination, security and privacy of criminal history information.@ Section 81-1423 (13), R.S. Supp., 1978.

006 Audit Criteria - The following is a list of various criminal justice agency collection, storage, and release activities regarding criminal history records upon which an audit for compliance would be based.

006.01 Disposition reporting.

006.01A Reporting of case disposition to appropriate authority within 15 days.

006.01B Notification of arrest of all felonies and felony fugitives to Nebraska State Patrol via form 1 (fingerprint card).

006.01C Disposition reports back to arresting agencies on misdemeanor cases.

006.02 Storage and release of criminal history records.

006.02A Policy established for verification of all record entries on criminal history records.

006.02B Agency procedures for dissemination of criminal history information.

006.02C Procedures and facilities for physical security of records.

006.02D Procedures for administrative security.

006.02E Review of fees charged by agency.

O06.02F Sampling of records for completeness and accuracy.

007 Audits - Audits of criminal justice agencies will be conducted by the Commission either through staff or through contractors.

007.01 Agencies will be selected through the following format:

State agencies (manual systems) and

First class cities - Four per year

Second class cities - Four per year

County attorneys/sheriffs

(Concurrent audit) - Four per year

County and district courts - Four per year

Villages - Four per year

Primary (Lincoln) - Once every three years

Metropolitan (Omaha) - Once every three years

State agencies (automated) - Once every three years

007.02 No agency shall be subjected to more than one audit during any three calendar year period. Exception: A special audit may be conducted with ten day notification if formal complaint of non-compliance is filed with the Commission. It shall not apply toward the three year requirement.

007.03 Agencies shall be notified at least thirty days prior to audit.

007.04 Audits of criminal justice agencies may be contracted for upon authorization by the Data Processing Committee of the Commission.

008 Appeal - Any criminal justice agency may appeal the results of an audit by notifying the Commission within thirty days of the agency=s intent to appeal. Commission staff shall schedule an informal hearing before the Data Processing Committee of the Commission within thirty days of receipt of written intent to appeal audit findings. The agency in interest shall be notified at least 20 days prior to the hearing.

009 Disposition - In the event a satisfactory solution cannot be reached between the Committee and the agency in interest, the Data Processing Committee shall forward pertinent information to the office of the Attorney General for disposition.

History

Effective 1984-04-16

Chapter 5 Uniform Crime Reporting Program

Neb. Admin. Code tit. 78, ch. 5 Uniform Crime Reporting Program {#sec-78-nac-5 omnilex-key=us-ne-regs-official--title-78--78 NAC 5}

001 Purpose - To prescribe procedures governing the Nebraska Uniform Crime Reporting Program.

002 Scope - Applicable to all Nebraska law enforcement agencies.

003 Authority - Nebraska Statute 81-1426 authorizes the Commission to adopt and promulgate rules and regulations for the standardized collection, development, and maintenance of Uniform Crime Reports and to develop the forms to be used to collect Uniform Crime Reporting data. It also states that the Commission may obtain Uniform Crime Reports, and it shall be the duty of all public officers or agencies whose functions include the control, apprehension, trial, or correction of criminal offenders, to provide Uniform Crime Reports to the Commission.

004 Agencies to Report -

004.01 - Police department for offenses occurring within their city limits.

004.02 - Sheriffs' offices for offenses occurring within their respective counties excluding communities with a population of 1,501 or more with their own law enforcement agency.

004.03 - State Patrol for offenses occurring on state property where it has sole jurisdiction and any other offenses reported to them and investigated by them.

004.04 - State Fire Marshal for offenses involving arson.

005 Exempted Agencies - Communities, with or without a law enforcement agency, of 1,500 or less population or a community that contracts with its county for law enforcement service. These communities will furnish their crime statistics to the sheriff and the sheriff will submit them to the Commission.

006 Offenses to be Reported - The Federal Bureau of Investigation's National Uniform Crime Reporting Program establishes standard definitions of crime and divides crimes into two categories, Part I Offenses and Part II Offenses.

006.01 Part I Offenses: Law enforcement agencies shall submit crime statistics on the following offenses and resulting arrests as defined herein for the purpose of this regulation:

006.01A Homicide

006.01A1 Murder, Manslaughter - the willful killing of one human being by another.

006.01A2 Death by Negligence - the killing of another person through the gross negligence of another person.

006.01B Forcible Rape The carnal knowledge of a female forcibly and against her will.

006.01C Robbery The felonious and forcible taking of the property of another against his will, by violence or by putting him in fear.

006.01D Felony Assault An attempt or offer, with unlawful force or violence, to do physical injury to another.

006.01E Burglary An unlawful entry or attempted forcible entry of a structure to commit a felony or a theft.

006.01F Larceny-Theft The unlawful taking of the property of another with intent to deprive him of ownership.

006.01G Motor Vehicle Theft The theft or attempted theft of a motor vehicle.

006.01H Arson Include all violations of State laws and local ordinances relating to arson and attempted arson. Include any willful or malicious burning or attempts to burn, with or without intent to defraud, a dwelling house, church, college, jail, meeting house, public building or any other building, ship or other vessel, motor vehicle or aircraft, contents of buildings, personal property of another, goods or chattels, crops, trees, fences, gates, grain, vegetable products, lumber, woods, cranberry bogs, marshes, meadows, etc.

006.02 Part II Offenses: Law enforcement agencies shall submit the number of arrests for the following offenses as defined herein for the purpose of this regulation:

006.02A Misdemeanor Assault Assaults and attempted assaults which are simple or minor in nature. Include simple assault, assault and battery, injury by culpable negligence, resisting or obstructing an officer, intimidation, coercion, hazing, and attempts to commit these offenses.

006.02B Forgery and Counterfeiting All offenses dealing with the making, altering, uttering or possessing, with intent to defraud, anything false in the semblance of that which is true. Include altering or forging public or other records; making, altering, forging, or counterfeiting bills, notes, drafts, tickets, checks, credit cards, etc.; forging wills, deeds, notes, bonds, seals, trademarks, etc.; counterfeiting coins, plates, banknotes, checks, etc.; possessing or uttering forged or counterfeited instruments; erasures; signing the name of another or fictitious person with intent to defraud; using forged labels; possession, manufacture, etc., of counterfeited apparatus; selling goods with altered, forged, or counterfeited trademarks; and all attempts to commit any of these offenses.

006.02C Fraud Fraudulent conversion and obtaining money or property by false pretenses. Includes bad checks, confidence games, etc., except forgeries and counterfeiting. Includes theft by deception and theft of services.

006.02D Embezzlement Misappropriation or misapplication of money or property entrusted to one's care, custody or control.

006.02E Stolen Property: Buying, Receiving, Possessing Include in this class all offenses of buying, receiving, and possessing stolen property, as well as all attempts to commit any of these offenses.

006.02F Vandalism Vandalism consists of the willful or malicious destruction, injury, disfigurement, or defacement of any public or private property, real or personal, without consent of the owner or person having custody or control, by cutting, tearing, breaking marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. This offense covers a wide range of malicious behavior directed at property such as cutting auto tires, drawing obscene pictures on public restroom walls, smashing windows, destroying school records, tipping over gravestones, defacing library books, etc.

006.02G Weapons: Carrying, Possessing, etc. Includes violations of weapons laws such as manufacture, sale or possession of deadly weapons; carrying deadly weapons; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the above.

006.02H Prostitution and Commercialized Vice Includes the sex offenses of a commercialized nature such as prostitution; keeping a bawdy house, disorderly house or house of ill repute, pandering, transporting or detaining women for immoral purposes, etc., and all attempts to commit any of the above.

006.02I Sex Offenses Includes all sex offenses other than forcible rape, prostitution and commercialized vice. Encompasses offenses against chastity, common decency, morals and the like, such as adultery and fornication, buggery, incest, indecent exposure, sodomy, carnal abuse (no force) and all attempts to commit any of these offenses.

006.02J Drug Abuse Violations Includes all arrests for violations of state and local ordinances, divided into sale/manufacturing and possession. Four types of drugs are recognized: Opium, cocaine and their derivatives; marijuana; synthetic narcotics; and non-narcotic drugs. The growing of marijuana would be considered sale/manufacturing of marijuana.

006.02K Gambling Includes all charges relating to promoting, permitting or engaging in gambling. This classification is divided into three divisions: bookmaking (horse and sports books); numbers and lottery; and all other gambling.

006.02L Offenses Against Family and Children Includes all charges of nonsupport and neglect or abuse of family and children, such as desertion, abandonment, or nonsupport of wife or child; neglect or abuse of child (if injury is serious, score as felony assault); nonpayment of alimony; and all attempts to commit any of these offenses.

006.02M Driving Under the Influence Limited to driving or operating any vehicle while drunk or under the influence of liquor or narcotic drugs.

006.02N Liquor Laws All state or local liquor law violations are placed here. Include manufacturing, selling, transporting, furnishing, possessing, etc., of intoxicating liquor; maintaining unlawful drinking places; advertising and soliciting orders for intoxicating liquor; bootlegging; operating still; furnishing liquor to a minor or intemperate person; using a vehicle or illegal transportation of liquor; drinking on train or public conveyance; and any attempts to commit any of these offenses.

006.02O Disorderly Conduct - Disturbing the Peace Include all charges of committing a breach of the peace. Include affray, unlawful assembly, disturbing the peace, disturbing meetings, disorderly conduct in State institutions, at court, at fairs, on trains, or public conveyances, etc.; prize fights; blasphemy, profanity, and obscene language, desecrating the flag; refusing to assist an officer; and any attempts to commit any of these offenses.

006.02P Vagrancy Include persons prosecuted on the charge of being a "suspicious character or person, etc." Include vagrancy, begging, loitering (age 18 and over) and vagabondage.

006.02Q All Other Offenses Include all violations of state and local laws not otherwise classified in offenses 006.01 and 006.02.

006.02R Suspicion While "suspicion" is not an offense, it is the ground for many arrests in those jurisdictions where the law permits. After examination by the police, the prisoner is either formally charged or released. Those formally charged are entered in one of the Part I or Part II offense classifications. This classification is limited to "suspicion" arrests where persons arrested are released by the law enforcement agency.

006.02S Curfew and Loitering Laws (Juveniles) All arrests for violations of local curfew or loitering ordinances.

006.02T Runaways (Juveniles) For purposes of the Uniform Crime Reporting program, report in this category apprehensions for protective custody as defined by your local statues. Count arrests made by other jurisdictions of runaways from your reporting jurisdiction. Do not include protective custody actions with respect to runaways you take for other jurisdictions.

007 Reporting Forms - The Commission shall furnish reporting forms and return envelopes to law enforcement agencies that are required to submit reports.

008 Due Dates - Completed reports shall be submitted within seven working days following the end of the month reported.

009 Data Dissemination - The Commission will compile and analyze data submitted as follows:

009.01 A magnetic tape containing required Uniform Crime Reporting data will be submitted to the Federal Bureau of Investigation monthly for national compilation.

009.02 A semi-annual report on Nebraska crime trends will be prepared. The report will be released to law enforcement agencies, local and state governments, and to the public.

009.03 A preliminary annual report on crime in Nebraska will be prepared and released to law enforcement agencies, local and state governments, and to the public.

009.04 An annual report on crime in Nebraska will be prepared and released to law enforcement agencies, local and state governments, and to the public.

010 Non-Complaint Agencies - When any agency willfully does not submit Uniform Crime Reports for three consecutive months, that agency shall be considered out of compliance and the following will apply:

The Commission will send a notice of non-compliance by certified mail to the agency head advising of the non-compliance and that the agency head has 30 days to file the delinquent reports.

If reports are not received within 30 days after notice of non-compliance, the Attorney General will be notified to file a civil suit against the agency or agency head, accessing a penalty of up to one-hundred dollars for each day of non-compliance after the 30 days.

History

Effective 1989-11-20

Chapter 6 County Attorney Continuing Legal Education

Neb. Admin. Code tit. 78, ch. 6 County Attorney Continuing Legal Education {#sec-78-nac-6 omnilex-key=us-ne-regs-official--title-78--78 NAC 6}

001 Purpose - To prescribe procedures for curriculum, annual required hours, certification of sponsors of courses, and tuition.

002 Reference - Nebraska Statute 23-1212

003 General - The Statute directs the Commission, after consultation with the Nebraska County Attorney Standards Advisory Council, with the responsibility of establishing a curriculum and administering continuing legal education for all county attorneys and their deputies beginning January 1, 1981. This rule and regulation is prepared to implement the responsibilities set forth in the Statute.

004 Curriculum - The curriculum established for the continuing legal education of all county attorneys and deputy county attorneys shall contain topics directed at all aspects of the civil and criminal statutory duties and shall include instruction which will:

(a) provide a working knowledge of electronic speed measurement principles; and

(b) instruct on the investigation and prosecution of crimes against children.

005 Hours - Beginning on January 1, 1995, annual hours of continuing legal education required for county attorneys and deputy county attorneys shall be fifteen hours. Beginning on January 1, 1997 the required annual hours shall be twenty hours of which up to 5 hours of applicable self-instruction/training credit may be obtained through use of satellite, Internet, video or audio tape presentations. Such requirement shall be waived for county attorneys or deputy county attorneys in any year where such county attorney or deputy county attorney assumes office after July 1 of that year.

005.01 County attorneys and deputy county attorneys shall receive, whether elected or appointed, the following instruction:

(a) during the first year of their term of office, a working knowledge of speed measurement principles not to exceed one hour of credit. The instruction may be received from a law enforcement officer certified in operating electronic speed measurement devices. Instructions may be offered on an individual or group basis or by a certified sponsor offering electronic speed measurement principle as a part of the course; and

(b) during the first two years of their term of office, a total of eight hours of instruction on the investigation and prosecution of crimes against children and a minimum of one hour each year thereafter.

005.02 County attorneys and deputy county attorneys may receive up to 10 hours of credit once every four years per individual for county attorneys office management courses.

005.03 County attorneys or deputy county attorneys may receive up to 5 hours of credit annually for self-instruction/training through the use of satellite, Internet, video or audio tape presentations which meet the curriculum guidelines set forth in 004. Upon submittal of a signed CLE-4 form by the county attorney or deputy county attorney affirming receipt of training in this manner, credit shall be awarded relevant to the length of the presentation.

006 Course and Instructor Approval - Instruction and course development will be by individuals or organizations approved by the Commission. The following requirements shall be met:

006.01 The course shall have significant intellectual and/or practical content for the Office of County Attorney as defined in Section (004).

006.02 Each instructor shall be qualified by practical and/or academic experience to teach the course. Legal subjects will normally be taught by an attorney.

006.03 While written materials need not be distributed for every course, thorough, high quality, readable, and carefully prepared written materials should be distributed to all participants at or before the time the course is offered whenever practicable.

006.04 Instruction shall be given in a suitable classroom or laboratory setting. No course will be approved which involves correspondence work or self-study. Video, motion picture or sound tape presentations may be used, provided an instructor is in attendance at all presentations to comment and answer questions. Interactive teleconferencing may be approved.

006.05 Credit will not normally be given for speeches given at luncheons or banquets unless such speeches fall within the curriculum requirements set forth in (004).

006.06 A list of all participants shall be maintained by the sponsoring individual or organization and shall be transmitted to the Commission following the presentation of the course, along with the total number of hours to be credited to the course.

006.07 Credit shall be awarded on the basis of one hour for each classroom hour actually spent in attendance at an approved course.

006.08 Proposed tuition per participant shall be submitted.

006.09 An individual or organization which seeks approval of a course shall submit all information required by Form CLE-1.

006.10 Any individual or organization may announce, as to a course that has been given approval, that "this course has been approved by the Nebraska Commission on Law Enforcement and Criminal Justice for hours of continuing legal education credit for Nebraska county attorneys and deputy county attorneys."

007 Out-of-State Training - Every county attorney or deputy desiring credit for attending out-of-state continuing legal education programs shall:

007.01 Submit Form CLE-2 for approval along with a curriculum outline or brochure including proposed tuition per participant. To be approved for credit, the course shall meet the curriculum requirement set out in 004 and, where applicable, the course requirements set out in 006.

007.02 Report attendance as required in Section 012.

008 Sustaining Course Approval - The Commission recognizes the established history of specific courses and the general courses offered by certain sponsoring organizations on a continuing basis for in- and out-of-state training. Such courses and sponsoring organizations have a record which establishes that those courses meet the curriculum and course requirements as established in 004 and 006. While the Commission reserves the right to audit programs for compliance with this rule and regulation, it has examined and does approve the following specific courses and general courses provided by the following sponsoring organizations for credit:

008.01 Nebraska County Attorneys Association

008.02 National College of District Attorneys, University of Houston College of Law, Houston, Texas

008.03 National District Attorneys Association (training seminars only), Chicago, Illinois

008.04 Northwestern University College of Law, Evanston, Illinois (short courses for prosecutors)

008.05 National Judicial College (child support enforcement responsibilities), Reno, Nevada

008.06 Hastings College of Law (trial advocacy for prosecutors), San Francisco

008.07 All courses which have been approved for continuing legal education credit by the certifying agency of any state where mandatory continuing legal education is required and which meet the curriculum established in 004.

009 Partial Credit for Attending Certain Courses - Due to the varied nature of the duties of a county attorney and deputy county attorneys, the Commission recognizes that only parts of certain courses will fall within the curriculum requirements of 004. In such cases credit will be allowed for attendance at those parts of the course which meet the curriculum guidelines. To receive such credit, county attorneys and deputy county attorneys shall follow the procedure established for approval of out-of-state training set out in 007, 007.01, 007.02, and 007.03.

010 Credit for Teaching - Credit to a county attorney or deputy for teaching an approved course shall be awarded on the basis of one hour for each 60 minutes spent preparing for and teaching in the course but not to exceed five hours per course taught.

An exception to the 5 hour credit limit may be granted in cases where a county attorney or deputy teach and serve on a faculty of a course approved by the County Attorneys Standards Advisory Council or the Executive Director and are required to: (a) attend all of the lectures, demonstrations, performance exercises and workshop exercises attended by the participants, and (b) perform all of the lecture, demonstration, performance, critique, and administrative assignments required of the faculty. In these cases, credit may be awarded in the same amount allowed to the participants in the course.

010.01 Form CLE-3 will be submitted for person seeking teaching credit.

011 Office Roster - Every county attorney shall submit an annual roster of deputy county attorneys that are in office as of June 30 and by August 1 of each year to ensure compliance with Section 005.

012 Reporting Attendance - Every county attorney and deputy shall submit by January 31 of each year following the calendar year of training an affidavit of attendance of approved course.

012.01 Form CLE-4 shall be used for this purpose.

013 Noncompliance - When a county attorney or deputy county attorney has not fulfilled the required number of hours of annual mandatory continuing legal education, the following will apply:

013.01 Noncompliance Review and Hearing:

013.01A The Commission may designate the Executive Director or some other person(s) to make the initial determination with respect to any noncompliance, which determination shall be reviewed by the Commission before notice of noncompliance is sent to any county attorney or deputy county attorney.

013.01B If a county attorney or deputy county attorney fails to meet the statutory requirements for continuing legal education or fails to file a proper affidavit with respect thereto on Form CLE-4, then the Commission shall cause a Notice of Noncompliance to be sent to such county attorney or deputy county attorney by certified mail directed to the last know address as indicated on records maintained in the Commission office. Such notice shall advise the county attorney or deputy county attorney of the existence and nature of such noncompliance and that the county attorney or deputy county attorney may file a request for hearing with the Commission within thirty (30) days of the date of mailing of the notice. If no hearing is requested during this period, the Commission shall then report such noncompliance to the Attorney General within sixty (60) days after the mailing of such notice, for further proceedings in accordance with Nebraska Statute 23-1212.

013.01C If a hearing is requested by a county attorney or deputy county attorney determined to be in noncompliance, the Commission shall conduct a hearing at which the county attorney or deputy county attorney may be represented by counsel and shall make a stenographic or tape recorded record of all proceedings at the hearings. The hearing may be held before the full Commission or by a Hearing Panel comprised of not fewer than three Commission members designated by the Chairman of the Commission. The Commission or Hearing Panel may admit any relevant evidence, including hearsay.

Prevailing rules of privilege shall apply. If the hearing is conducted before a Hearing Panel, its findings and recommendations shall be transmitted to the Commission.

013.01D If, after such hearing, the Commission determines that a county attorney or deputy county attorney is in noncompliance with this rule and regulation, it shall notify the Attorney General within fifteen (15) days for further proceedings in accordance with Nebraska Statute 23-1212.

013.01E If failure was not willful or negligent, the county attorney or deputy shall be permitted to make up the outstanding hours of continuing legal education on or before a deadline designated by the Commission.

014 Evaluation of Education - The Council will make a continuing evaluation of the effectiveness of the continuing legal education including the number of required hours and make recommendations to the Commission.

015 Expenses of Training . From funds appropriated by the Legislature to the Commission for use by the Nebraska County Attorneys Association and/or other organizations as permitted by the Commission's enabling legislation to develop and conduct annual training seminars and conferences, the Commission shall reimburse at a rate consistent with state guidelines for expenses relating to a conference or seminar designed for county attorneys and deputy county attorneys to fulfill the mandatory CLE requirements.

015.01 Upon an application by the Nebraska County Attorneys Association and/or other organizations as permitted by the Commission's enabling legislation for reimbursement of expenses relating to sponsorship of the seminar or conference for county attorneys and deputy county attorneys. The Commission shall, upon receipt of the itemized listing of expenses and attendance roster, reimburse the sponsor at a rate consistent with state guidelines for expenses including the administrative costs in developing the program. The Commission shall limit reimbursement of administrative costs to no more than 10% of total costs.

The Commission shall not reimburse, whether in whole or in part, any registration fee for a county attorney or a deputy county attorney to fulfill mandatory continuing legal education requirements.

015.02 From the funds appropriated under Legislative Bills 1246 and 1246(A), in the 1990 session of the Nebraska Legislature, the Commission shall subcontract with the Nebraska County Attorneys Association and/or other organizations as permitted by the Commission's enabling legislation for developing and conducting an annual seminar on child abuse, and a trial manual on the investigation and prosecution of crimes against children.

015.03 Prior to making reimbursement to the Nebraska County Attorneys Association and/or other organizations as permitted by the Commission's enabling legislation, the Commission shall receive written documentation for all costs requested for reimbursement.

History

Effective 2004-02-29

Chapter 7 Administration of County Attorneys Crimes Against Children Fund

Neb. Admin. Code tit. 78, ch. 7 Administration of County Attorneys Crimes Against Children Fund {#sec-78-nac-7 omnilex-key=us-ne-regs-official--title-78--78 NAC 7}

001 Purpose - To reduce expenses incurred by county attorneys in consulting with and retaining expert witnesses and other costs in the investigation and prosecution of crimes against children, including proceedings brought to prove the neglect or dependency of a child as provided for in Chapter 43, Article 2 of the Nebraska Revised Statutes. "Expert" shall have the meaning set forth in Chapter 27-702 of the Nebraska Revised Statutes. Child shall mean any person under the age of eighteen (18).

002 Eligible Applicants - Any county attorney or deputy county attorney involved in the investigation and prosecution of crimes against children, including proceedings brought to prove the neglect or dependency of a child as provided for in Chapter 43, Article 2, who has incurred or will incur expert witness costs, or other costs, in such investigation or prosecution of any case, on or after July 1, 1990, are eligible to make application to the Commission. Expert witness costs or other costs shall include, but not be limited to, the following:

(a) The normal reasonable hourly or daily fee of such expert plus his/her out-of-pocket expenses for depositions, consultations, interviews, and court testimony;

(b) Reasonable out-of-pocket expenses incurred by the prosecutor for photocopying, depositions, postage, long-distance telephone calls, mileage at the statutory rate for county officials, meals and lodging as reimbursable by state regulation; investigative expenses; transcripts; brief costs; any other expenses deemed appropriate by the Commission.

003 Form - The application or request for expenses or costs of expert witnesses or other costs shall be typewritten and provide the following information:

(a) The name of the case, the age of the victim(s), and the name of the defendant(s) or alleged perpetrator(s);

(b) A description of the crime or conditions alleged and the circumstances leading to the need for the retention or consultation with any expert or the need to incur costs, and the nature of the services to be rendered;

(c) An estimate of the expert witness costs or the costs incurred, including any hourly fee of any expert to be retained or consulted, or any other costs;

(d) The availability of county funds to independently pay for expert witness fees or other costs, and the amount thereof;

(e) The opinion of the county attorney or deputy county attorney of the impact upon the case in the event such expert is or was not retained or other costs incurred or to be incurred.

The application shall be mailed with sufficient postage to the following address:

Nebraska Crime Commission

State Office Building

P. O. Box 94946

Lincoln, Nebraska 68509-4946

004 Matching Funds - The Commission may, before funding a request for expert witness costs or other costs, request the applicant county attorney to agree in writing to match by a designated percentage a portion of the costs to be incurred, if such county funds are available to such county attorney. Such match, if any, shall be based upon due consideration of the county-allocated funds to commit to a case involving the investigation and prosecution of crimes against children, including the complexity of the case itself, and the funds remaining available in the Crimes Against Children Fund administered by the Commission.

005 Eligible Cases - Any case referred to a county attorney or deputy county attorney involving the investigation or prosecution of crimes against children, or proceedings brought to prove the neglect or dependency of a child as provided for in Chapter 43, Article 2 of the Nebraska Revised Statutes is eligible for funds. Priority consideration for funding may be given by the Commission on the basis of the severity of the crime against a child, the condition or conditions existing which affect the health or well-being of such child, and the complexity of the case itself which requires the use of experts.

006 Approval - Any application submitted pursuant to this rule shall be considered in whole or in part, within ninety (90) days of submission to the Commission. The Executive Director is authorized to pre-approve an eligible case for which an emergency or priority consideration exists upon consultation of a quorum of the County Attorneys Standards Advisory Council who recommend approval of application.

007 Additional Expenses or Costs - If additional expenses or costs are incurred, directly related to the investigation or prosecution of crimes against children, which require additional funds over and above an amount previously approved, a county attorney or deputy county attorney may submit a new application delineating those additional expenses or costs for approval by the Commission. This supplemental application shall be governed by the same rules of initial applications.

008 After Case Report - Within thirty (30) days of final disposition of cases receiving monies from the Crimes Against Children fund, the county attorney shall submit a written report to the Crime Commission which includes the following required information:

(a) Disposition of each case;

(b) Impact of the case(s);

(d) County expenses involved in the case(s).

(e) Total amount of State funds expended.

History

Effective 1991-02-06

Chapter 8 Juvenile Diversion Data Collection

Neb. Admin. Code tit. 78, ch. 8 Juvenile Diversion Data Collection {#sec-78-nac-8 omnilex-key=us-ne-regs-official--title-78--78 NAC 8}

Title 78, Nebraska Commission on Law Enforcement and Criminal Justice

Chapter 8, Juvenile Diversion Data Collection

001 PURPOSE: To establish procedures governing the reporting of juvenile diversion data to the Nebraska Commission on Law Enforcement and Criminal Justice, hereafter referred to as Commission.

002 SCOPE: Applicable to all county attorneys or city attorneys of a county or city which has a juvenile diversion program, and juvenile diversion program personnel on behalf of those county and city attorneys.

003 REFERENCE: Nebraska Statute 43-260.07.

004 DEFINITIONS:

004.01: COMMISSION is the Nebraska Commission on Law Enforcement and Criminal Justice.

004.02: DIRECTOR OF JUVENILE DIVERSION PROGRAMS is the individual appointed by the Executive Director of the Commission who shall perform the duties as provided in Nebraska Revised Statute 81-1427.

004.03: JUVENILE CASE MANAGEMENT SYSTEM (JCMS): a secure data portal available as a subdomain to NCJIS, available to county and city attorney agencies to enter juvenile diversion data and utilize as a case management system.

004.04: JUVENILE DIVERSION PERSONNEL: Those individuals employed by the juvenile diversion program.

004.05: JUVENILE DIVERSION PROGRAM: A program established pursuant to Nebraska Revised Statute 43-260.02.

004.06: JUVENILE DIVERSION SERVICE: Services offered to the juvenile diversion program participant directly by a program established pursuant to Nebraska Revised Statute 43-260.02.

004.07: NEBRASKA CRIMINAL JUSTICE INFORMATION SYSTEM (NCJIS): a secure data portal available to criminal justice professionals providing access to a variety of criminal justice data for operational use. NCJIS is hosted by the Commission.

004.08: NCJIS ADMINISTRATOR is the person designated by their agency to be responsible for creating NCJIS accounts, resetting passwords, renewing certificates, and monitoring agency NCJIS usage.

004.09: DE-IDENTIFIED DATA: Data in the form of counts with information removed or masked that could lead to the individual identification of the person to which the data applies.

005 PROCEDURE: Procedure for collection of juvenile diversion data from all county and city attorney established juvenile pretrial diversion programs .

005.01A Data Reporting: Individual level youth data must be submitted electronically through the Juvenile Case Management System (JCMS) accessible through the Nebraska Criminal Justice Information System (NCJIS). Each county or city attorney requiring access to JCMS will enter into a Memorandum of Understanding (MOU) with the Commission regarding access and data usage. Individual certificates for JCMS access can be obtained through the county or city attorney NCJIS Administrator or by contacting the Commission.

005.01B Data will be submitted by January 30 of each year by entering all individual youth data required by this chapter into the JCMS. Juvenile diversion program personnel, if other than the county or city attorney, will enter the data and submit on behalf of the county or city attorney. County and city attorneys will validate the accuracy of the data regarding the youth served submitted on their behalf and instruct juvenile diversion program personnel to correct inaccuracies before being submitted. County or city attorneys must provide juvenile diversion personnel with their own NCJIS certificate with JCMS access.

005.01C Juvenile diversion program personnel will keep individual level data updated in order to have current data in JCMS at all times. The juvenile diversion program personnel providing the juvenile diversion service will be the one entering the individual level data within seven calendar days from date of referral to the program.

005.02 Required Data: The data variables required to be entered into the JCMS and submitted to the Commission will comply with the diversion program type requirements within the Required Variables for the Juvenile Case Management System (JCMS) document produced by the Commission and published on the Commission website. This document will be published by May 1 and go into effect July 1 of each year. Juvenile diversion programs with an established data feed into the JCMS will have six months from the effective date to update their feed to include all required variables.

006 Data Use: The Commission will maintain and compile the juvenile diversion data and prepare an annual report on the status of juvenile diversion in Nebraska. The Commission may distribute, release, and make available upon request aggregate de-identified juvenile diversion data. Juvenile diversion data will be part of the common dataset established pursuant to Nebraska Revised Statute 43-2404.02. Data received will also be used in statewide planning efforts, determining training needs, and funding priorities.

History

Effective 2021-08-10

Chapter 9 Multijurisdictional Child Abuse/Neglect Investigative and Treatment Teams

Neb. Admin. Code tit. 78, ch. 9 Multijurisdictional Child Abuse/Neglect Investigative and Treatment Teams {#sec-78-nac-9 omnilex-key=us-ne-regs-official--title-78--78 NAC 9}

001 Purpose - The Legislature has enacted L.B. 1184 concerning the investigation of child abuse and neglect and the treatment of victims of such abuse and neglect. The bill requires county attorneys to establish in each county multijurisdictional investigative and treatment teams to carry out the purposes of the act. This legislation requires each team to be appointed as soon as practicable after July 15, 1992. The act also contains a provision which permits counties or contiguous groups of counties to opt out of the act if said counties or groups of contiguous counties meet certain conditions and seek approval of the Nebraska Commission on Law Enforcement and Criminal Justice (Commission). The purpose of this regulation is to establish rules for those jurisdictions who elect not to create the teams required by the act.

002 Procedure -

A. Any county or contiguous group of counties may elect not to establish a investigative or treatment team under L.B. 1184. If said county or contiguous group of counties decide not to comply with the sections of the act requiring said team or teams, the county attorney must notify the Executive Director of Commission of its intent in writing by January 1, 1993. By July 15, 1993, the county attorney of said county or contiguous group of counties must submit in writing to the Executive Director an alternative proposal. This proposal must set forth the program said county or counties propose to establish to meet the child abuse and neglect investigation and treatment services required to meet the goals of the act.

B. The Commission will review each proposal and either approve it or make recommendations for changes. Any changes recommended by the Commission must be adopted by the counties within the time permitted by the Commission.

003 Goals of Alternative Proposal

A. Each proposal submitted under Section II above must state precisely and fairly how the county or contiguous group of counties will meet the goals set out in Paragraph B and C below through their alternative program. To the extent possible, any proposal submitted to the Commission as an alternative to the team concept shall include a fair cross section of those people from the area who have as their function any aspects of the investigation or treatment of child abuse or neglect.

B. Goals of Investigative Functions:

Develop investigative protocols to be followed by law enforcement and the Department of Social Services (DSS).
Develop protocols for joint investigations by law enforcement and DSS.
Ensure that all law enforcement agencies participate in investigating child abuse and neglect.
Reduce the risk of harm to child abuse and neglect victims.
Ensure that law enforcement, DSS and all other agencies having information concerning child abuse and

neglect share said information on a timely basis.

C. Goals of Treatment Function:

Coordinate treatment services and assistance, including the name and location of services available in the area.
Develop a method of staffing, coordinating, development and monitoring of treatment plans for the victims of child abuse and neglect.
Develop a method to reduce the risk of harm to child abuse and neglect victims.
Develop a method to assist said victims who are abused or neglected by perpetrators who do not reside in their homes.

004 Reporting - The County Attorney shall submit a roster with the name and address of each team member to the Commission by August 1, 1993 and each year thereafter. If more than one county is part of a team, the participating county attorneys shall jointly submit a roster with the name and address of each team member to the Commission by August 1, 1993 and by August 1 of each year thereafter. In addition, each team shall submit a report to the Commission by August 1 of each year reporting the number of times the team met within a calendar year and any changes in team membership.

History

Effective 1993-03-29

Chapter 10 Nebraska Criminal Justice Information System Rules and Regulations

Neb. Admin. Code tit. 78, ch. 10 Nebraska Criminal Justice Information System Rules and Regulations {#sec-78-nac-10 omnilex-key=us-ne-regs-official--title-78--78 NAC 10}

Chapter 10 Nebraska Criminal Justice Information System Rules and Regulations

001 Purpose - These regulations set out requirements for criminal justice agencies and noncriminal justice agencies to access the Nebraska Criminal Justice Information System (NCJIS). These regulations also set out protections in order to safeguard Criminal Justice Information. Lastly, these regulations establish sanctions for the misuse of NCJIS as well as provide guidance on auditing procedures.

002 Scope - This regulation applies to all criminal justice agencies (as defined in Neb. Rev. Stat. §29-3509) and noncriminal justice agencies who utilize NCJIS, as well as any users of NCJIS.

003 Authority - These regulations are promulgated pursuant to Neb. Rev. Stat. §81-1423

004 Applicability - These regulations are applicable to all authorized agencies and users of NCJIS and to any agency requesting access to NCJIS from the Committee.

005 Definitions - The following words and terms, when used in these regulations, have the following meaning unless the context clearly indicates otherwise.

005.01 "Access" means the physical or logical (electronic) privilege to view, modify, or make use of criminal or juvenile justice information, whether directly or indirectly.

005.01A “Direct Access" means access to Criminal Justice Information System (CJIS) via authorized and approved NCJIS credentials (i.e., ACF2User ID and password).

005.01B “Indirect Access" means access to criminal or juvenile justice information, in oral, online or printed form, by an individual without approved NCJIS credentials for direct access.

005.02 "Administrative leave" means a temporary leave from employment, including, but not limited to, extended leave, military leave, family medical leave, or suspension from an agency.

005.03 “Criminal Justice Agency” or “CJA” is defined as a court, a governmental agency, or any subunit of a governmental agency which engages in the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice.

005.04 “Noncriminal Justice Agency” or “NCJA” is an entity or any subunit thereof that provides services primarily for purposes other than the administration of criminal justice.

005.05 "Authorized Agency" means any CJA/NCJA that has access to NCJIS.

005.06 "Authorized User" means any employee, intern, extern, contractor, volunteer, or other individual or group of individuals, acting on behalf of an Authorized Agency, who has been appropriately vetted by the Authorized Agency and has been granted access to Criminal Justice Information (CJI) or Nebraska Criminal Justice Information (NCJI) via NCJIS.

005.07 “Commission” means the Nebraska Commission on Law Enforcement and Criminal Justice.

005.08 “Committee” means the CJIS Advisory Committee that was established by the Commission in 1995 in response to recommendations from the Nebraska Intergovernmental Data Communications Advisory Council. The Committee is comprised of representatives from a variety of state and local criminal justice agencies and are appointed by the Commission's Executive Director.

005.09 "Criminal justice information” or “CJI” refers to all CJIS data necessary for Authorized Agencies to perform their mission and enforce the laws, including but not limited to: biographic or biometric data, identity history, person data, organization data, property data, division of motor vehicles information, and/or case or incident history. In addition, CJI refers to the CJIS-provided data necessary for Authorized Agencies to make hiring decisions.

005.09A "Biographic data" means information about individuals associated with a unique case, and not necessarily connected to identity data. Biographic data does not provide a history of an individual, only information related to a unique case.

005.09B "Biometric data" means data derived from one or more intrinsic physical or behavioral traits of humans typically for the purpose of uniquely identifying individuals from within a population. Biometric data includes, but is not limited to: fingerprints, palm prints, iris scans, and facial recognition data.

005.09C "Identity history" means textual data that corresponds with an individual's biometric data, and provides a history of criminal or civil events for the identified individual.

005.09D "Property data" means information about vehicles and personal property associated with a crime.

005.09E "Case or incident history" means all relevant information gathered about an individual, organization, incident, or combination thereof, arranged so as to serve as an organized record to provide analytic value for a criminal justice organization. In regard to criminal justice information, the case or incident history is the information about the history of incidents.

005.10 "Patrol Criminal History” or “PCH" is a subset of CJI. Rules that govern the access, use and dissemination of PCH are found in C.F.R. Title 28, Part 20, Subpart C, otherwise known as criminal history record information (CHRI). This includes identifiable descriptions and notations of arrests, detentions, indictments, information or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional supervision and release. Procedures for storage and dissemination of PCH and/or CHRI are outlined in Title 78 of the Nebraska Administrative Code Chapter 3. PCH and CHRI have the same meaning as found in Neb. Rev. Stat. §29-3506.

005.11 "National Crime Information Center” or “NCIC" means an information system that stores CJI and can be queried by appropriate federal, state, and local law enforcement and other criminal justice agencies. The following files are restricted and accessed via NCJIS and applicable to the U.S. Department of Justice Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy. Additionally, the following files fall under the CJIS Security Policy:

005.11A Sex Offender Registry Files

005.11B Protection Order Files

005.12 "Criminal Justice Information System” or “CJIS" means the computer hardware, software and communication network used for the collection, warehousing, and timely dissemination of relevant CJI to qualified law enforcement, criminal justice agencies, courts, governmental agencies, and other agencies.

005.13 The "Nebraska Criminal Justice Information System” or “NCJIS " is a secure data portal available to select individuals employed by a criminal justice agency based on their job duties. It provides access to a variety of criminal justice data for operational use. NCJIS allows access to a variety of data in a cost effective and direct method. NCJIS is a cooperative project between state and local criminal justice agencies within the state of Nebraska. This project is hosted by the Commission.

005.13A “Nebraska Data Exchange Network” or “NDEN” means the secure portal that allows authorized non-criminal justice users to access a variety of data. NDEN is a subset of NCJIS.

005.14 "Improper Access or Breach" means any improper dissemination, unauthorized use, or obtaining CJI, directly or indirectly, whether oral, online or printed form, without statutory authority or reasons specified in the MOU, and includes access for the purpose of confirming the existence or non-existence of CJI or CJIS, or the transmission or non-transmission of information improperly obtained.

005.15 "Secondary dissemination" means the promulgation of CJI from an Authorized Agency to an agency or individual not authorized.

005.16 Memorandum of Understanding (MOU) is an agreement between the Commission and the CJA/NCJA which provides terms that specify the administrative, procedural, and statutory obligations of agencies regarding the use and dissemination of NCJIS information. The MOU is required for access to and the use of electronic information maintained by the Committee.

005.17 “Data Owner” means the act of having legal rights and complete control over a single piece or set of data elements.

005.18 “Non-Public Information” refers to any documents, facts, figures, or data that have not been released by the data owner.

005.19 “Certification of Identity Form” is a form completed by an individual who is making a public inquiry to obtain records of NCJIS searches of himself or herself. This document is used by the NCJIS Project Manager to verify the identity of the individual making a public inquiry in order to ensure that records are not wrongfully disclosed. This form must be provided to the NCJIS Project Manager before search records will be released to a requesting party.

006 Committee Responsibilities: The Committee will work to create and maintain NCJIS for authorized state and local criminal justice and non-criminal justice users. The Committee will work to ensure that NCJIS supports operations, policy analysis, public safety, and is appropriately secured in order to protect privacy rights. In carrying out this responsibility, the Committee will:

006.01 Provide advice and direction to the Commission on issues relating to data sharing and use of information technology among criminal justice agencies;

006.02 Provide advice to the Commission on CJIS issues;

006.03 Establish and promote standards for data processing and communication;

006.04 Facilitate the development and coordination of state and local CJIS in a way that provides an avenue for cooperation and coordination among state and local information systems, and

006.05 Approve or deny NCJIS/NDEN applications in writing by email, fax, or U.S. Mail. Any application denial will include the reasons for the denial.

007 Data Agreements – The NCJIS Project Manager administers and maintains interagency data agreements with all data owners that participate in the NCJIS/NDEN data exchange. Data agreements are made between the data owner and the Committee. Data agreements are to be examined every five (5) years for completeness and applicability. Data agreements are to include, but not be limited to, the following:

007.01 That all instances of an Improper Access or Breach will be reported to the data owner.

007.02 That the NCJIS Project Manager will notify the data owner in writing by email, fax or U.S. Mail when an Improper Access or Breach investigation concludes.

007.03 That a CJA/NCJA that creates, stores, or maintains information on NCJIS will be considered the owners of those records and maintain all rights and responsibilities of ownership of those records.

007.04 That the data owner is responsible for the accuracy and completeness of the records it exchanges through NCJIS/NDEN

007.05 That the NCJIS Project Manager must validate and certify that data provided is accurate and complete. A CJA/NCJA that fails to comply with validation and certification of data accuracy and completeness could have data removed or data exchanges suspended.

008 Public Inquiry – Any individual may request information about searches conducted regarding his or her person. Such a request only applies to NCJIS person queries conducted within one year from the date of the request. This relates only to data made available within NCJIS and does not include any queries made at the federal level.

008.01 Individuals must provide the NCJIS Project Manager with a Certification of Identity Form. The individual requesting information may authorize another individual to submit the request on his or her behalf.

008.02 It is the duty of the NCJIS Project Manager to request release of query results from any law enforcement agency prior to release to ensure the public inquiry individual is not currently being investigated. This request is to include the following information:

008.02A Date of query

008.02B Data set accessed

008.02C Authorized Agency and Authorized User querying the system.

009 Access and Use - Access to NCJIS is restricted to an authorized CJA. Access to NDEN is authorized for NCJA.

009.01 An NCJIS/NDEN Agency (CJA/NCJA) request for access will be submitted to the NCJIS Project Manager via an application process.

009.01A The NCJIS Project Manager may require additional information or explanation when he or she has questions about the CJA’s or NCJA’s qualifications or application materials. An application is not complete or in proper form until the NCJIS Project Manager has received all required and requested documents, materials, and information.

009.01B A CJA/NCJA requesting access to CJIS must demonstrate statutory authority or specific reasons authorized by this chapter.

009.01C Approval of the CJA/NCJA application, which may be in whole, in part, or as modified by the Committee, requires a two-thirds majority vote of the Committee.

009.01D The NCJIS Project Manager will notify the Authorized Agency head or designee of the Committee’s decision to approve or deny the application in writing.

009.01E Upon approval of the CJA/NCJA application, which may be in whole, in part, or as modified by the Committee, the CJA/NCJA enters into an MOU with the Commission.

009.01E1 Changes to the standard NCJIS/NDEN MOU are drafted by the NCJIS Project Manager, and approved by the Committee.

009.01E2 The standard NCJIS/NDEN MOU explains all responsibilities and expectations regarding the use and dissemination of information relative to the NCJIS.

009.01F The Committee’s decision to approve, modify, or deny the CJA/NCJA application is final and is not subject to appeal or further review.

009.01G CJA/NCJA access to NCJIS/NDEN is granted upon a fully executed MOU between the CJIS Project Manager and the authorized agency designee.

009.02 Except as permitted in these rules and/or authorized by statute or MOU, information from NCJIS/NDEN will not be disseminated to an unauthorized agency, entity, or person.

009.03 Improper Access/Use Disclosure or Dissemination

009.03A An Authorized User will not access, use, disclose or disseminate nonpublic information or CJI from NCJIS/NDEN which is not in the furtherance of criminal or juvenile justice. Examples of reasons not in the furtherance of criminal or juvenile justice, include, but are not limited to: personal benefit or profit, to benefit other persons, non-profit business dealings, to support or benefit any political party candidate or issue (e.g., lobbying or campaigning) or for any illegal activity.

009.03B An Authorized User will not access NCJIS/NDEN to confirm the existence or non-existence of nonpublic information, which is not considered to be CJI.

009.03C An Authorized User will not access, use, disclose, or disseminate nonpublic information or CJI from NCJIS/NDEN without a connection to the user’s official duties related to criminal or juvenile justice or specific statutory authorization.

009.04 By acknowledging the responsibilities of an Authorized User pursuant to Section 011, all Authorized Users acknowledge relevant data owner’s privacy protection laws including the state and federal criminal and civil penalties associated to misuse of records. An authorized user who violates specified data owner privacy protection laws is subject to the corresponding state and federal criminal and civil penalties associated with the data owner.

010 Responsibilities of an Authorized Agency. The Authorized Agency head or designee will ensure all authorized users attend the NCJIS User training and appoint an agency administrator who will attend the NCJIS Administrator training.

010.01 Authorized Agencies are responsible for deactivating an Authorized Users account immediately upon an Authorized Users:

010.01A Departure (transfer, termination, resignation, or retirement) from the agency.

010.01B Administrative leave from the agency which results in loss of agency privileges, identification credentials, departmental weapon or when the administrative leave will exceed six months.

010.01C Arrest, charge, or conviction of a criminal violation or offense in any jurisdiction immediately upon receiving notification of the same.

010.02 Upon notification or discovery of any arrest, charge, or conviction of a criminal violation or offense in any jurisdiction, the Authorized Agency head or Administrator is to notify the Executive Director of the Commission. This notice of denial will include the following information:

010.02A Name of Authorized User who was suspended; and

010.02B Date of the arrest, conviction, or violation.

010.03 Upon discovery of an Authorized User’s Improper Access or Breach, the Authorized Agency head or Administrator is to notify the NCJIS Project Manager. A notice of Improper

Access or Breach will include the following:

010.03A Name of Authorized User;

010.03B Date/Dates of Improper Access or Breach;

010.03C Data Source of Improper Access or Breach

010.03D Reason for deactivating; and

010.03E Date of Discovery.

010.04 Authorized Agencies are required to follow the Records Retention and Destruction Policy that govern the disposal of PCH and NCIC files as specified in the CJIS Security Policy. Whether the information is in a physical form (printout) or an electronic form (hard drive, flash drive, etc.) the information must be disposed of in such a way that unauthorized people cannot retrieve it. For most agencies, this means ensuring printed information is shredded onsite by the user. Information retrieved via NCJIS is highly confidential and is to be afforded security to prevent unauthorized access to or use of that data. To prevent the misuse or improper dissemination of information, any printed information must be immediately destroyed after its intended use. Documents stored in electronic form (hard drive, flash drive, etc.) must be disposed of in such a way that unauthorized people cannot retrieve it. Under no circumstances should printed information be maintained in any agency files or records, including, without limitation, in personnel files.

010.05 Printed information is destroyed by shredding as follows:

010.05A In-state information, including NCJIS information, may be shredded onsite or delivered to an approved shredding vendor. Regardless of who destroys the records, they must follow the destruction protocols used by the U.S. Department of Justice, Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy at §5.8 (Media Protection).

010.05B Patrol Criminal History must be shredded onsite and witnessed or carried out by authorized personnel. Paper shredding service providers are prohibited from shredding printed information offsite, but may conduct agency supervised onsite shredding. Regardless of who destroys the records, they must follow the destruction protocols used by U.S. Department of Justice, Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy at §5.8 (Media Protection).

010.06 Electronic Information is destroyed as follows:

010.06A The agency will sanitize, that is, overwrite at least three times or degauss electronic media prior to disposal or release for reuse by unauthorized individuals. Inoperable electronic media must be destroyed (cut up, shredded, etc.). The agency will maintain written documentation of the steps taken to sanitize or destroy electronic media. Agencies are to ensure the sanitization or destruction is witnessed or carried out by authorized personnel and follow the destruction protocols used by the U.S. Department of Justice, Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy at §5.8 (Media Protection).

010.07 Authorized Agencies must maintain secondary dissemination logs consistent with the U.S. Department of Justice, Federal Bureau of Investigation (FBI), and the Criminal Justice Information Services (CJIS) security policy.

010.08 User Access to NCJIS – To determine if a user credential should be granted to an individual, the Agency Head or Administrator will consider whether the individual has any of the following:

010.08A Been charged with or convicted of a criminal offense;

010.08B An active warrant or capias;

010.08C An active Protection from Abuse Order or Protection Order entered against him/he;

010.08D Intentionally falsified any official record;

010.08E Improperly accessed NCJIS previously; or

010.08F Engaged in any other activity that could endanger the security, privacy, or integrity of NCJIS.

010.09 Disclosure of Familial Relationships. All Authorized Agencies will immediately report familial relationships within their agency administration to the NCJIS Project Manager.

011 Responsibilities of the Authorized User. All Authorized Users within an agency are to annually electronically acknowledge that they have read and understand these regulations. Depending on the level of access provided, these acknowledgements may vary by agency type and user type. Failure to make the proper acknowledgements will disable the user’s account.

011.01 Authorized User Account. Any deviation from the following will result in the NCJIS Project Manager deactivating an authorized user’s account. Violation of these rules will be reported to the appropriate authorities and may result in administrative, criminal, or other adverse disciplinary action.

011.01A Authorized Users must maintain a valid email address provided by the agency or authorized user employer, which is accessed by only the authorized user. Authorized Users are intended to be government employees, and will not set up forwarding of email to non-government email or other accounts.

011.01B Authorized Users must hold themselves to the highest ethical standards and must conduct themselves in a manner that will ensure the security, integrity, and confidentiality of the information contained within NCJIS.

011.01C Authorized Users will only access information contained within NCJIS for a reason authorized by statute or MOU.

011.01D Authorized Users agree to comply with these regulations, and any and all NCJIS data owner statutory guidelines.

011.01E Authorized Users must complete NCJIS training prior to being granted an Authorized User credential. The Authorized Agency Administrator may approve temporary or conditional access to NCJIS by an Authorized User before completing NCJIS User training.

011.01F Authorized Users are required to follow the Records Retention and Destruction procedures provided in Section 010 that require NCJIS, PCH and NCIC information to be disposed of securely.

011.01G Authorized Users who become aware of improper access of NCJIS by another user, or by any other entity, will immediately report the violation to their agency head, management, or directly to the NCJIS Project Manager or designee.

011.01H Authorized Users who have been arrested, charged, or convicted of a criminal offense, will notify their agency head or designee within 24 hours of the arrest, charge, or conviction in writing by email, fax or U.S. Mail.

011.01I Authorized Users must annually read and acknowledge the acceptable use policies in NCJIS. Authorized Users employed with an agency of the State must annually read and acknowledge their agency technology and information acceptable use policy.

011.01J Authorized Users must maintain secondary dissemination logs consistent with the U.S. Department of Justice, and Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security policy.

011.01K Authorized Users cannot use personal electronic devices to access NCJIS unless the NCJIS Project Manager has approved an Authorized Agency Personally Owned Device Policy. A personally owned device is one that is purchased by an individual and was not issued by the Authorized Agency or the Commission.

011.01L Authorized Users consent to monitoring of all their search or other activity on NCJIS.

011.01M Authorized Users will not knowingly reveal credentials to anyone or permit anyone to use their NCJIS account, permit an unauthorized person to access an NCJIS enabled device, use an account not specifically assigned to them, masquerade as another user, or otherwise misrepresent an identity or privileges.

011.02 Authorized User Administration Account. The Authorized Agency head or Administrator will certify for completeness and accuracy a list of Authorized Users for access to NCJIS. The list will be certified as is, or corrected to delete, add, or change Authorized Users. The Authorized Agency Administrator will comply with the request from the NCJIS Project Manager within 60 days of said request. Failure to comply will result in the NCJIS Project Manager deactivating accounts based on inactivity.

011.03 Authorized User Administrative Account Audit Responsibilities. The Authorized Agency head or Administrator shall perform quarterly audits as directed by the NCJIS Project Manager. Results of such audits will be reported to the NCJIS Project Manager by April 30th, July 31st, October 31st, and January 31st for the previous quarter’s activity. This section is applicable to all Criminal and Noncriminal Justice Agencies within the State of Nebraska.

012 Commission Audit Responsibility Per Title 28 of the Code of Federal Regulations (CFR), Chapter 1, Part 20. Title 28 CFR Part 20.21 requires the state ensure that annual audits of a representative sample of state and local criminal justice agencies are conducted to verify adherence with regulations established for handling of criminal and juvenile justice records. The Commission is authorized to conduct random annual audits of criminal justice agencies to verify compliance with the laws and regulations dealing with dissemination, security, and privacy of criminal and juvenile history information per Neb. Rev. Stat. §81-1423.

012.01 Audits: Audits of authorized agencies will be conducted by the Commission either through staff or through contractors.

012.02 Authorized agencies will be selected through the format provided in the Nebraska Administrative Code, Title 78, Chapter 4.

012.03 Audit for Cause: The Commission may initiate an audit without the Authorized Agency Designee’s knowledge upon discovery of possible violations of state statute, these regulations, or an agency MOU.

013 Suspension of NCJIS Access for Any Arrest or Criminal Offense of an Authorized User

013.01 Upon notification or discovery of a citation or an arrest for a criminal offense, the Executive Director or designee will make the initial determination if the charge warrants a temporary suspension of the Authorized User's credentials if the Authorized Agency head or designee has not made the determination yet (See 010.01C).

013.02 If the NCJIS Project manager suspends the Authorized User's credentials, access will be suspended immediately and the NCJIS Project Manager will notify the Authorized Agency head or designee and the Authorized user who was suspended in writing by email, fax, or U.S. Mail of the reason(s) for the suspension.

012.01 Audits: Audits of authorized agencies will be conducted by the Commission either through staff or through contractors.

012.02 Authorized agencies will be selected through the format provided in the Nebraska Administrative Code, Title 78, Chapter 4.

014 Suspension of NCJIS Access for Improper Access or Breach

014.01 Upon notification or discovery of any violation involving Improper Access or Breach, the Executive Director or designee will authorize an administrative investigation pursuant to Section 016. The Executive Director or designee will also make an initial determination as to whether the apparent violation warrants a temporary suspension of the Authorized User's credentials.

014.02 If the Executive Director or designee suspends the Authorized User's credentials, access will be suspended immediately and the NCJIS Project Manager or designee will notify the Authorized Agency head or designee and the Authorized User, separately, in writing by email, fax, or U.S. Mail, of the following:

014.02A Name of Authorized User who was suspended; and

014.02B The alleged violation and date thereof.

015 Procedure for Conducting Administrative Investigations of Improper Access or Breach by an Authorized User

015.01 The Commission will conduct an administrative investigation of any Authorized User who is suspected of an improper access or breach. The NCJIS Project Manager will compile the information for the administrative investigation.

015.02 The NCJIS Project Manager will serve as the investigator regarding any administrative investigation. The investigation will include, but not be limited to, data collection and any information the authorized user desires to provide.

015.03 At the conclusion of the investigation, the investigator will advise the user of the possible sanctions which may be imposed. Notification will be made in writing either through email or U.S. mail.

015.04 The investigator will fill out an electronic NCJIS Use Investigation Report detailing the facts of the investigation.

015.05 This report will be shared with the Executive Director, who will have this information compiled into a registry administered by the NCJIS Project Manager. The NCIS Project Manager will refer results of the investigation to the Nebraska State Patrol (NSP) CJIS Systems Officer for further examination of violations of the U.S. Department of Justice, Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy. Misuse of the National Crime Information Center or CHRI is subject to additional federal criminal and/or civil penalties.

015.06 The NCJIS Use Investigation Report will be approved by the Executive Director.

015.06A At the conclusion of the investigation, the facts of the investigation may be submitted to the appropriate prosecuting authority by the Executive Director to determine if there was any violation of Nebraska law warranting criminal prosecution.

015.06B At the conclusion of the investigation, the relevant results of the investigation will be submitted to the data owner by the NCJIS Project Manager for the data owner to determine if there was any violation of applicable laws.

015.07 At the conclusion of the investigation, the NCJIS Project Manager or designee will notify the Authorized Agency head or designee, and the Authorized User, separately, in writing by email, fax, or U.S. Mail of the following:

015.07A Name of Authorized User who was suspended;

015.07B The alleged violation and date thereof; and

015.07C Status of the matter following the administrative investigation.

016 Sanctions

016.01 If the NCJIS Project Manager determines there has been a violation of state or federal statutes, laws, or regulations by an Authorized Agency or Authorized User, he or she may impose any of the following sanctions, singularly or in combination:

016.01A Require retraining on the CJIS system, specifically the security training.

016.01B Require a log of all CJIS transactions for a specific period of time. The log will be provided to the NCJIS Project Manager or designee.

016.01C Require monitoring of the authorized user for a specific period of time. The NCJIS Project Manager or designee may contact the user at any time, requesting justification as to why the User accessed a specific record.

016.01D Suspend the agency's or user's access for a specific period of time.

016.01E Suspend the agency's or user's access permanently.

016.01F Referral for revocation of law enforcement certificate. (Nebraska Administrative Code, Title 79, Chapter 9).

016.02 Failure to comply with any imposed sanctions will result in additional sanctions, up to and including permanent suspension.

016.03 The NCJIS Project Manager or designee will notify the Authorized Agency head or designee and the Authorized User, separately, in writing by email, fax, or U.S. Mail of any sanctions imposed.

History

Effective 2021-11-13

Neb. Admin. Code tit. 78 — Crime Commission

Chapter 1 Procedures for Challenge and Correction of Criminal History Record Information

Neb. Admin. Code tit. 78, ch. 1 Procedures for Challenge and Correction of Criminal History Record Information {#sec-78-nac-1 omnilex-key=us-ne-regs-official--title-78--78 NAC 1}

Chapter 2 Rule and Regulation to Prescribe Forms for Disposition Reporting and to Establish a Disposition Reporting System

Neb. Admin. Code tit. 78, ch. 2 Rule and Regulation to Prescribe Forms for Disposition Reporting and to Establish a Disposition Reporting System {#sec-78-nac-2 omnilex-key=us-ne-regs-official--title-78--78 NAC 2}

Chapter 3 Procedures for Storage and Dissemination of Criminal History Record Information

Neb. Admin. Code tit. 78, ch. 3 Procedures for Storage and Dissemination of Criminal History Record Information {#sec-78-nac-3 omnilex-key=us-ne-regs-official--title-78--78 NAC 3}

Chapter 4 Audit Procedures for Compliance with the Security, Privacy, and Dissemination of Criminal History Information Act

Neb. Admin. Code tit. 78, ch. 4 Audit Procedures for Compliance with the Security, Privacy, and Dissemination of Criminal History Information Act {#sec-78-nac-4 omnilex-key=us-ne-regs-official--title-78--78 NAC 4}

Chapter 5 Uniform Crime Reporting Program

Neb. Admin. Code tit. 78, ch. 5 Uniform Crime Reporting Program {#sec-78-nac-5 omnilex-key=us-ne-regs-official--title-78--78 NAC 5}

Chapter 6 County Attorney Continuing Legal Education

Neb. Admin. Code tit. 78, ch. 6 County Attorney Continuing Legal Education {#sec-78-nac-6 omnilex-key=us-ne-regs-official--title-78--78 NAC 6}

Chapter 7 Administration of County Attorneys Crimes Against Children Fund

Neb. Admin. Code tit. 78, ch. 7 Administration of County Attorneys Crimes Against Children Fund {#sec-78-nac-7 omnilex-key=us-ne-regs-official--title-78--78 NAC 7}

Chapter 8 Juvenile Diversion Data Collection

Neb. Admin. Code tit. 78, ch. 8 Juvenile Diversion Data Collection {#sec-78-nac-8 omnilex-key=us-ne-regs-official--title-78--78 NAC 8}

Chapter 9 Multijurisdictional Child Abuse/Neglect Investigative and Treatment Teams

Neb. Admin. Code tit. 78, ch. 9 Multijurisdictional Child Abuse/Neglect Investigative and Treatment Teams {#sec-78-nac-9 omnilex-key=us-ne-regs-official--title-78--78 NAC 9}

Chapter 10 Nebraska Criminal Justice Information System Rules and Regulations

Neb. Admin. Code tit. 78, ch. 10 Nebraska Criminal Justice Information System Rules and Regulations {#sec-78-nac-10 omnilex-key=us-ne-regs-official--title-78--78 NAC 10}

Continue your research in ChatGPT or Claude