Or. Admin. Code § 257-015-0030

Current through Register Vol. 63, No. 11, November 1, 2024

Section 257-015-0030 - Definitions

(1) "LEDS" means the Department of State Police, Law Enforcement Data System.

(2) "NCIC" means the Federal Bureau of Investigation, National Crime Information Center.

(3) "NLETS" means the National Law Enforcement Telecommunications System, Incorporated.

(4) "Associated Systems" means any automated or manual information system which is accessible via LEDS.

(5) "Criminal Justice Agency" means the following as defined by the National Crime Information Center:

(a) Courts;

(b) A government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice.

(6) "Criminal Justice Purpose" means: The administration of criminal justice, as defined in section (7) of this rule.

(7) The "Administration of Criminal Justice" means performance of any of the following activities: detection, apprehension, detention, 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. Criminal justice employment investigations are included, as is the licensing of or issuing of a permit for a weapon or explosive when required to be performed by a criminal justice agency, pursuant to a federal, state or local law. (This category includes firearms dealers and purchasers, carriers of concealed weapons, explosives dealers and users and lethal weapons dealers and users). State and Federal Inspector General offices are included. Defense of accused persons, whether by private counsel, public defender or other court appointed counsel is not included in the definition of the administration of criminal justice.

(8) "Investigative Files" means computerized records stored in LEDS, NCIC or other state criminal justice information systems, as follows: outstanding arrest warrants and other wanted persons; missing persons; unidentified persons; restraining orders; lost or stolen identification; Psychiatric Security Review Board Orders; persons who have threatened a Secret Service protected person; Persons under the supervision of a Court or a Corrections agency; gang members; armed career criminals; Sex offender registrants; concealed handgun license records; stolen, repossessed, impounded vehicles; stolen vehicle license plates, vehicle parts, vehicle identification plates and title certificates; vehicles used in the commission of a felony; stolen and pawned firearms; stolen securities; stolen boats and associated equipment; other stolen and pawned property; other files of a similar nature which may be established to assist in law enforcement investigations or to enhance other criminal justice purposes.

(9) "NCIC State Control Terminal Agency" means the agency in each state which is responsible for the state's computer link with the National Crime Information Center and which is responsible for ensuring that NCIC system security and operational policies and procedures are carried out within the state.

(10) "NLETS State Control Terminal Agency" means the agency in each state which is responsible for the state's computer link with the National Law Enforcement Telecommunications System, Inc., and which is responsible for ensuring that NLETS' system security and operational policies and procedures are carried out within the state.

(11) "Management Control Agreement" means a written agreement between a criminal justice agency and a non-criminal justice agency which provides services (dispatching, record keeping, computer services, etc.) to the criminal justice agency. The agreement gives the criminal justice agency management control over the operations of the non-criminal justice agency as they relate to access to the Law Enforcement Data System network.

(12) "Management Control" means the authority to set and enforce:

(a) Priorities;

(b) Standards for the selection, supervision and termination of personnel; and

(c) Policy governing the operation of computers, circuits, and telecommunications terminals used to process, store, or transmit information to or receive information from the Law Enforcement Data System.

Or. Admin. Code § 257-015-0030

OSP 1-1995, f. & cert. ef. 8-15-95; OSP 2-1998, f. & cert. ef. 10-6-98; OSP 15-2019, minor correction filed 01/03/2019, effective 1/3/2019

Statutory/Other Authority: ORS 181A.280(3)

Statutes/Other Implemented: ORS 181A.280