La. Admin. Code tit. 22 § III-317
Administration of Criminal Justice - performance of any of the following activities: detention, detection, apprehension, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information.
Affected Agency -
1. any criminal justice agency which was awarded Law Enforcement Assistance Administration monies after July 1, 1973, for manual or automated systems which collect, store, or disseminate criminal history record information;
2. any criminal justice agency which is or becomes a signatory to a user's agreement;
3. any noncriminal justice agency which is or becomes a signatory to a user's agreement.
Central State Repository - that collection of criminal history record information within the Louisiana Department of Public Safety, which is jointly collected, stored, and managed pursuant to mutual agreement between the Division of State Police, Bureau of Criminal Identification and the Louisiana Commission on Law Enforcement, Criminal Justice Information System Division.
Criminal History Record Information - information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system.
Criminal History Record Information System - a system including the equipment, facilities, procedures, agreements, and organizations, thereof, for the collection, processing, preservation, or dissemination of criminal history record information.
Criminal Justice Agency - only those public agencies at all levels of government which perform as their primary function activities relating to:
1. the apprehension, prosecution, adjudication, or rehabilitation of criminal offenders;
2. the collection and analysis of crime statistics pursuant to statutory authority;
3. the collection, storage, processing, dissemination, or usage of information originating from agencies described in this Chapter.
Direct Access - having the authority to access the criminal history record data base, whether by manual or automated methods.
Direct Access - individual access to personal criminal history record information contained in the manual or automated files of an affected criminal justice agency, excepting the central state repository, when such access is sought under the provisions of §705, and the individual requesting access or his personal representative is physically present at the place where the records are kept or at the office of the custodian of the record sought.
Disposition - proceedings have been concluded, including information disclosing that the police have elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings and also disclosing the nature of the termination in the proceedings; or information disclosing that proceedings have been indefinitely postponed. Dispositions shall include, but not be limited to: acquittal, acquittal by reason of mental incompetence, case continued without finding, charge dismissed, charge dismissed due to insanity, charge dismissed due to mental incompetency, charge still pending due to insanity, charge still pending due to mental incompetence, guilty plea, nolle prosequi, no paper, nolo contendere plea, convicted, youthful offender determination, deceased, deferred disposition, dismissed-civil action, found insane, found mentally incompetent, pardoned, probation before conviction, sentence commuted, adjudication withheld, mistrial-defendant discharged, placed on probation, paroled, or released from correctional supervision.
Dissemination - the release by transmission of criminal history record information by an agency to another agency or individual by oral, written, or electronic methods.
Dissemination Log - an automated or manual record of information relating to the individual or agency to which criminal history record information has been disseminated. This record should contain the following data elements: a tracking, serial, or identification number, the agency or individual to whom criminal history record information is released, the address of the agency or individual, the date of release or notification, the individual to whom the information relates, the items of information released and how finished, the original entry or correction, and the name of the releasing official.
Eligible Noncriminal Justice Agency - a noncriminal justice agency, individual, or individuals having:
1. official authority, pursuant to a statute, executive order, administrative rule, or court order;
2. formal authority, pursuant to a written agreement with a criminal justice agency, to perform a service or function within the scope of the legitimate activities of a criminal justice agency.
Executive Order - an order of the president of the United States or the chief executive of a state which has the force of law and which is published in a manner permitting regular public access thereto.
Personal Representative - any person, including, but not limited to legal counsel, who possesses a sworn authorization empowering him to represent an individual in the viewing or challenging of the authorizing individual's criminal history record information.
Primarily Affected Agency - any criminal justice agency organized under the constitution or laws of the state of Louisiana which was awarded Law Enforcement Assistance Administration monies after July 1,1973, for manual or automated systems which collect, store, or disseminate criminal history record information.
Secondarily Affected Agency -
1. any criminal justice agency organized under the constitution or laws of the state of Louisiana which is or becomes a signatory to a user's agreement;
2. any noncriminal agency which is or becomes a signatory to a user's agreement.
State - any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
Statute - an act of Congress or state legislature or a provision of the constitution of the United States or of a state.
User's Agreement - a written agreement entered into by a certified criminal justice agency and/or a requesting noncriminal justice agency and/or a criminal justice agency that has not received LEAA funds for system support since July 1, 1973. The agreement shall specify the basis of eligibility for receipt of criminal history records, and an acknowledgment by the recipient agency that it is subject to the terms and conditions of the Commission on Law Enforcement Privacy and Security regulations.
La. Admin. Code tit. 22, § III-317