S.C. Code Regs. § § 73-23
Current through Register Vol. 48, No. 10, October 25, 2024
Section 73-23 - Dissemination of Criminal History Record InformationA. SLED/CJIS will operate and maintain a criminal justice information system which will support the collection, storage, retrieval, and dissemination of criminal history record information, both intrastate and interstate. SLED/CJIS will make available to bona fide criminal justice agencies, upon request, any information which will aid these agencies in the performance of their official duties, provided that the dissemination of such information will not be a violation of state or federal laws and regulations restricting its use. Dissemination will include disposition and non-disposition data.B. User agencies will agree to abide by all laws, rules, and regulations concerning collection, storage, retrieval, and dissemination of criminal justice information.C. All Criminal justice agencies which desire to exchange criminal history record information through the SLED/CJIS will execute a standard user agreement.D. User agencies agree to indemnify and save harmless SLED/CJIS and its officials and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all liability to others, including but not limited to, any liability for damages by reason of or arising out of any false arrest or imprisonment, or any cause of action whatsoever, or against any loss, cost, expense, and damage, resulting therefrom, arising out of or involving any action, inaction, slander or libel on the part of the user agencies in the exercise or enjoyment of this agreement.E. The SLED/CJIS may disseminate criminal history record information, unless sealed, to private persons, governmental entities, businesses, commercial establishments, professional organizations, charitable organizations and others. The dissemination of criminal history record information will include all unsealed conviction data, non-conviction data and non-disposition data as well as findings of not guilty, nolle prosequi, dismissals, and similar dispositions which show any final disposition of an arrest. (1) Identification of an individual whose record is to be searched will be based upon name, race, sex, date of birth, and, if available, a social security number. Notation will be made on any disseminated records which are identified solely by these characteristics and not by fingerprint comparison.(2) Costs(a) The fees for performing criminal history record searches will be established by the South Carolina General Assembly with advice from the Bureau of Economic Advisors.(b) Method of Payment--Payment shall be made to the South Carolina Law Enforcement Division as specified by the Division.(c) Revenue from fees charged for criminal record searches will go to the General Fund of the State, provided that the South Carolina Law Enforcement Division may retain sufficient funds to pay costs associated with payments made by credit card.(3) All requests for criminal history record information by non-criminal justice users shall be made in writing or by personal appearance at the Criminal Records Department, or by the Internet.(4) Persons wishing to determine whether criminal history records naming them are housed by SLED/CJIS may do so by inquiring in person at the Criminal Records Department between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday except legal State holidays. Proper identification will be required of persons making inquiries.F. No criminal justice agency other than SLED/CJIS will disseminate to private persons, governmental entities, or any private or public entities, except criminal justice agencies, any criminal history record information other than that originated by that criminal justice agency, except where specifically provided for by law.G. Criminal history logs will be maintained by those agencies which indirectly disseminate criminal history record information. The logs will contain the data necessary for contacting agencies or persons to which inaccurate information has been disseminated. Upon finding inaccurate information of a material nature, it is the duty of the criminal justice agency which discovers the inaccuracy to notify all criminal justice agencies or persons known to have received the inaccurate information. The following minimum information concerning the dissemination of criminal history record information will be maintained in the logs in order to provide an audit trail:(1) Manual log:(a) date of dissemination(d) name of criminal history record subject(e) State identification number of criminal history record subject(f) description of items released(g) agency providing the information if this is indirect dissemination(2) Computer system log:The same information needed for manual logging of indirectly disseminated information will be maintained in any automated or computer logging system used for direct dissemination. The log information must be maintained in a medium which allows the data to be reproduced as a printed list.
(3) All log sheets will be made available to the SLED/CJIS upon request for purposes of quality control. The manual log and computer log will be maintained for a period of one year.Amended by State Register Volume 14, Issue No. 3, eff March 23, 1990; State Register Volume 25, Issue No. 9, eff September 28, 2001.