Md. Code Regs. 12.15.01.12

Current through Register Vol. 51, No. 10, May 17, 2024

Section 12.15.01.12 - Dissemination of CHRI - Criminal Justice Agency

A. In accordance with requirements under Regulation .13B of this chapter, the Central Repository or a criminal justice agency shall disseminate CHRI to a criminal justice agency.

B. A criminal justice agency may request CHRI from the Central Repository or a criminal justice agency only if the CHRI is used:

(1) In the performance of the agency's function as a criminal justice agency; or

(2) For the purpose of hiring or retaining the criminal justice agency's employees.

C. Dissemination Between Criminal Justice Agencies.

(1) Except for provisions under §C(4) of this regulation, a criminal justice agency may not disseminate CHRI to another criminal justice agency unless the criminal justice agency disseminating the CHRI has requested and received from the Central Repository verification that the CHRI to be disseminated is complete, accurate, and current.

(2) Before a criminal justice agency or the Central Repository disseminates CHRI to a criminal justice agency, the criminal justice agency or the Central Repository shall verify the identity of the criminal justice agency requesting the CHRI.

(3) A criminal justice agency or the Central Repository may verify the identity of a criminal justice agency using information available from the Department.

(4) If a criminal justice agency requesting CHRI demonstrates to the criminal justice agency maintaining the requested CHRI or the Central Repository that a delay in the receipt of CHRI will unduly impede necessary action by the requesting criminal justice agency or will violate or materially impair a substantive right of the individual who is the subject of the CHRI, the disseminating criminal justice agency or the Central Repository shall:

(a) Provide the requested CHRI without meeting requirements under§C(2) and (3) of this regulation; and

(b) Record the transaction in the respective criminal justice agency's log including the:

(i) Date the request for CHRI was made;

(ii) CHRI disseminated;

(iii) Criminal justice agency receiving the CHRI; and

(iv) Date the CHRI was disseminated.

D. If a request for CHRI is made by a criminal justice agency from another state, dissemination shall be limited to the purposes for which CHRI is disseminated to a criminal justice agency in Maryland.

E. The Central Repository shall maintain a log of requests under §D of this regulation including the:

(1) Date the request for CHRI was made;

(2) CHRI disseminated;

(3) Criminal justice agency receiving the CHRI; and

(4) Date the CHRI was disseminated.

Md. Code Regs. 12.15.01.12

Regulations .12 under COMAR 12.06.08 repealed effective July 9, 1990 (17:13 Md. R. 1612)
Regulations .12 adopted effective July 9, 1990 (17:13 Md. R. 1612)
Regulation .12 amended effective October 20, 2008 (35:21 Md. R. 1825)
Regulation .12B amended effective September 27, 2004 (31:19 Md. R. 1433); March 24, 2008 (35:6 Md. R. 699)
Regulation .12D amended effective April 15, 1991 (18:7 Md. R. 773)