Md. Code Regs. 12.15.01.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.15.01.03 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Advisory Board" has the meaning stated in Criminal Procedure Article, § 10-201, Annotated Code of Maryland.

(2) "Arrest" means the detention of an individual for the purpose of criminal prosecution, for the filing of delinquency petitions, or pursuant to existing charges or delinquency petitions.

(3) "Collection" means the receipt, organization, and processing of CHRI by a criminal justice agency, a criminal justice repository, or the Criminal Justice Information System Central Repository (Central Repository).

(4) Conviction Criminal History Record Information.

(a) "Conviction criminal history record information" means reportable events that have resulted in a finding of guilt.

(b) "Conviction criminal history record information" includes:

(i) A plea of nolo contendere accepted by a court; and

(ii) Probation before judgment.

(5) "Criminal history record information (CHRI)" has the meaning stated in Criminal Procedure Article, § 10-201, Annotated Code of Maryland.

(6) Criminal History Records Check.

(a) "Criminal history records check" means a record check of CHRI maintained by the Central Repository or the Federal Bureau of Investigation (FBI).

(b) "Criminal history records check" is limited to the existence of a criminal conviction, probation before judgment disposition, not criminally responsible disposition, or pending criminal charge.

(7) Criminal Justice Agency.

(a) "Criminal justice agency", except for the Department of Juvenile Services or a juvenile court, means a government agency or subunit of an agency that:

(i) Is authorized by law to exercise the power of arrest, detention, prosecution, adjudication, correctional supervision, custodial treatment, or confinement under Health-General Article, Title 12, Annotated Code of Maryland, rehabilitation, or release of persons suspected, charged, or convicted of a crime or relieved of criminal punishment by verdict of not criminally responsible, or is responsible for criminal identification activities and the collection, storage, and dissemination of criminal history record information; and

(ii) Allocates a substantial portion of the agency's annual budget to any of the functions in §B(7)(a)(i) of this regulation.

(b) "Criminal justice agency", except for Department of Juvenile Services or a juvenile court, includes the following agencies, when exercising jurisdiction over criminal matters or criminal history record information:

(i) A State, county, and municipal police department, sheriff's office, correctional facility, parole and probation department, jail, and detention center;

(ii) An agency required to report to the Central Repository under Health-General Article, §12-107 or 12-112, Annotated Code of Maryland;

(iii) The Office of the Attorney General, the State's Attorney Office, and other person authorized by law to prosecute an individual accused of a criminal offense; and

(iv) The Administrative Office of the Courts, the Court of Appeals, the Court of Special Appeals, the circuit courts (including the Supreme Bench of Baltimore City), the District Court of Maryland, and the offices of the clerks of these courts.

(8) "Criminal justice information system" means the equipment (including computer hardware and software), facilities, procedures, agreements, and personnel used to collect, process, preserve, and disseminate CHRI.

(9) "Criminal justice purpose" means use of CHRI by:

(a) A criminal justice agency:

(i) To conduct criminal justice duties and responsibilities; or

(ii) Related to activities concerning hiring or retaining a criminal justice agency employee; and

(b) The Maryland Public Defender or other defense counsel of record for the purpose of the defense of a client in a pending criminal proceeding.

(10) Disseminate.

(a) "Disseminate" means to transmit CHRI in oral, electronic, or written form.

(b) "Disseminate" does not include the:

(i) Transmittal of CHRI within a criminal justice agency;

(ii) Reporting of CHRI as required by Criminal Procedure Article, § 10-214, Annotated Code of Maryland;

(iii) Transmittal of CHRI between criminal justice agencies in order to permit the initiation of subsequent criminal justice proceedings against a person relating to the same offense; or

(iv) Disclosure of CHRI during preparation for or during the conduct of a public judicial proceeding by the State's Attorney, Attorney General, a law enforcement officer, or other person authorized by law to conduct criminal investigations or to prosecute persons accused of criminal offenses.

(11) Fingerprinting.

(a) "Fingerprinting" means a method of identifying an individual using impressions of the minute ridge formations or patterns on an individual's fingers and thumbs, based on the accepted premise that no two individuals have the same ridge formations or impressions.

(b) "Fingerprinting" may be performed:

(i) Manually, using ink and paper; or

(ii) Electronically, using a Livescan device.

(12) "Fingerprinting service fee" means a cost paid to the agency collecting demographic data and performing fingerprinting for an applicant.

(13) "Juvenile" means a child under 18 years old as defined in Courts and Judicial Proceedings Article, § 3-801, Annotated Code of Maryland.

(14) "Nonconviction criminal history record information" means:

(a) Arrest information without disposition;

(b) Information disclosing that a law enforcement agency elected not to refer a matter to a prosecutor;

(c) A prosecutor has elected not to initiate a criminal proceeding;

(d) A criminal proceeding has been indefinitely postponed;

(e) An acquittal; or

(f) A dismissal.

(15) "Noncriminal justice agency" means a government or private agency that is not a criminal justice agency defined under Criminal Procedure Article, § 10-210(d), Annotated Code of Maryland, and receives CHRI for licensing and employment purposes.

(16) "Noncriminal justice purpose" means the use of CHRI for licensing and employment purposes.

(17) "Private party petitioner" means a nongovernmental employer, employment agency, membership association, landlord (including a public housing authority), or duly designated agent licensed, chartered, or registered in any state, territory, or possession of the United States, or in the District of Columbia.

(18) "Rap Back Program" means the State program that will inform an employer or other designated entity when an individual who has undergone a criminal history records check and whose fingerprints are retained by the Central Repository after the criminal history records check is subsequently arrested or is the subject of another reportable event pursuant to COMAR 12.15.01.19.

(19) "Reportable event" means an event specified under Criminal Procedure Article, § 10-215, Annotated Code of Maryland.

(20) "Reporting" means the transmittal of CHRI by a criminal justice agency or a repository to the Central Repository.

(21) "Secretary" means the Secretary of Public Safety and Correctional Services.

Md. Code Regs. 12.15.01.03

Regulations .03 under COMAR 12.06.08 repealed effective July 9, 1990 (17:13 Md. R. 1612)
Regulations .03 adopted effective July 9, 1990 (17:13 Md. R. 1612)
Regulation .03B amended effective April 15, 1991 (18:7 Md. R. 773); September 1, 1994 (21:11 Md. R. 952)