Md. Code Regs. 12.15.01.13

Current through Register Vol. 51, No. 9, May 3, 2024

Section 12.15.01.13 - Dissemination of CHRI - Noncriminal Justice Agency

A. Except for provisions under §B of this regulation, the Central Repository may not disseminate to a noncriminal justice federal, State, or local government agency:

(1) Conviction CHRI, except:

(a) If the recipient of the CHRI is expressly authorized by statute, ordinance, executive order, or court rule, decision, or order to grant, deny, suspend, revoke, or terminate a license, employment, or other right or privilege; and

(b) If the statute, ordinance, order, or rule specifies the existence or nonexistence of a prior conviction or other criminal conduct as a condition to the grant, denial, suspension, revocation, or termination of the license, employment, right, or privilege.

(2) Nonconviction CHRI except:

(a) If the recipient of the CHRI is expressly authorized by statute, ordinance, executive order, or court rule, decision, or order to grant, deny, suspend, revoke, or terminate a license, employment, or other right or privilege; and

(b) If the statute, ordinance, executive order, or court rule, decision, or order specifies access to nonconviction CHRI in consideration of the decision to grant, deny, suspend, revoke, or terminate a license, employment, right, or privilege.

B. The Central Repository may disseminate conviction and nonconviction CHRI to the following for the purpose and under the conditions stated:

(1) To determine suitability for employment or eligibility for security clearances:

(a) The Department of Personnel; or

(b) Other appointing authority of a federal, State, or local unit of government.

(2) To defend a client in a pending criminal proceeding:

(a) The Maryland Public Defender; or

(b) Defense counsel of record.

(3) A bail bondsman working with a client who is the subject of the CHRI, if authorized by the Maryland Rules of Practice and Procedure of the Court of Appeals.

(4) The Department of Juvenile Services for the purposes of carrying out statutory duties.

(5) Research, Evaluation, and Statistical Analysis.

(a) To conduct research, evaluation, and statistical analysis of criminal activity:

(i) The Governor's Office of Crime Control and Prevention;

(ii) The Maryland Justice Analysis Center of the Governor's Office of Crime Control and Prevention;

(iii) A person or agency engaged in legitimate research, evaluation, or statistical analysis activities, pursuant to an agreement with the Secretary or the Chief Judge of the Court of Appeals; and

(iv) Other office, board, commission, or task force and the designated agents of these organizations established and granted CHRI access by Executive Order of the Governor or directive of the Secretary.

(b) Results of research, evaluation, and analyses derived from CHRI may not include the name of any individual or any other unique identifiers relating to the individual.

(6) A person or agency under contract with a criminal justice agency to provide specific services required by the criminal justice agency to perform criminal justice functions pursuant to an agreement with the Secretary.

(7) The Attorney Grievance Commission and subunits, the Board of Law Examiners and subunits, the Commission on Judicial Disabilities, and a judicial nominating commission for the purpose of exercising respective functions in connection with lawyer discipline, bar admissions, judicial discipline, and judicial selection.

C. Under Md. Rule § 4-263, a State's attorney or other State prosecutor, for the purpose of defending a client in a pending criminal proceeding, shall:

(1) Without the necessity of a request, disseminate CHRI to:

(a) The public defender; or

(b) Defense counsel of record; and

(2) Document dissemination of CHRI under §C(1) of this regulation according to §D(1) and (2)(b)-(e) of this regulation.

D. For CHRI disseminated to a noncriminal justice agency, the Central Repository or the criminal justice agency disseminating the CHRI shall:

(1) Verify the identity of the person requesting to receive the CHRI for noncriminal justice purposes; and

(2) Maintain a log of a request including the:

(a) Date the request for CHRI was made;

(b) Purpose for which the request was made;

(c) CHRI disseminated;

(d) Recipient of the CHRI; and

(e) Date the CHRI was disseminated.

E. A fee, as specified in Regulation .15 of this chapter, shall be charged for each request for CHRI for a noncriminal justice purpose.

Md. Code Regs. 12.15.01.13

Regulations .13 under COMAR 12.06.08 repealed effective July 9, 1990 (17:13 Md. R. 1612)
Regulations .13 adopted effective July 9, 1990 (17:13 Md. R. 1612)
Regulation .13C adopted effective April 15, 1991 (18:7 Md. R. 773)