803 Mass. Reg. 7.08

Current through Register 1522, May 24, 2024
Section 7.08 - Fingerprinting
(1) Fingerprints shall be submitted to the Massachusetts State Police State Identification Section (SIS) in the following instances:
(a) any employment background check for a position with a criminal justice agency;
(b) any felony arrest by a law enforcement agency, as required by M.G.L. c. 263, § 1A;
(c) any arrest for a felony violation of M.G.L. c. 94C, as required by M.G.L. c. 94C, § 45;
(d) detentions and/or incarcerations by the Department of Correction and/or Sheriffs' Departments, including any such detentions and/or incarcerations in jails, houses of correction, or state prisons; and
(e) any screening of a licensee or license applicant for specific categories as authorized by ordinance, bylaw, state statute, or federal law and which have been approved by the FBI.
(2) Fingerprints may also be submitted to the SIS for misdemeanor arrests.
(3) CJAs submitting fingerprints shall comply with DCJIS, Massachusetts State Police, and FBI policies and requirements for the specific type of fingerprint submission.
(4) All fingerprint submissions shall include an agency-assigned OBTN formatted in the manner prescribed by the SIS.
(5) DCJIS may audit any CJA's fingerprinting practices and procedures to ensure compliance with M.G.L. c. 263, § 1A, and 803 CMR 7.00. In connection with any such audit, a CJA is required to respond to audit questionnaires, complaints, and/or any other inquiries from DCJIS within the time period specified by DCJIS.
(6) Fingerprints shall be treated as CJIS information for purposes of 803 CMR 7.00.

803 CMR 7.08

Amended by Mass Register Issue 1333, eff. 2/24/2017.
Amended by Mass Register Issue 1445, eff. 6/11/2021.