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Ohio Laws and Rules
(A) Any person may obtain information concerning the criminal record of any other person maintained at the bureau of criminal identification and investigation by submitting the following:
(1) The complete name, current address, and other identifying characteristics of the individual whose records are sought;
(2) A complete set of fingerprints of the individual whose records are sought;
(3) The signed consent of the individual whose records are sought;
(4) A business check, money order, or electronic payment in the amount of twenty-two dollars made payable to the “Treasurer of State of Ohio.” Law enforcement officers as defined in division (K) of section 2901.01 of the Revised Code will be exempt from this fee.
(B) The foregoing shall be submitted to the bureau of criminal identification and investigation in one of the following ways:
(1) Through the mail to the “Bureau of Criminal Identification and Investigation, P.O. Box 365, London, Ohio 43140.”
(2) Electronically in a format designated by the superintendent.
(C) “Other identifying characteristics” means date of birth, social security number, height, weight, sex, race, and nationality.
Effective: 01/01/2008
R.C. 119.032 review dates: 09/14/2007 and 01/01/2013
Promulgated Under: 119.03
Statutory Authority: 109.57(E)
Rule Amplifies: 109.57(E)
Prior Effective Dates: 9/30/84, 8/1/91, 6/1/01
(A) A manufacturer may obtain certification of a specific type or brand of electronic monitoring system by submitting an application to the superintendent of the bureau of criminal identification and investigation on a form to be prescribed by the superintendent. The superintendent may require the manufacturer to submit specifications, and other supporting documentation and to submit or make available for inspection actual samples of the transmitter, receiver and central monitoring computer.
(B) In order to become certified, an electronic monitoring system must have a transmitter that satisfies all of the following:
(1) It can be worn by or attached to a person with a minimum of discomfort during normal activities;
(2) It will transmit an FCC approved signal to a receiver of the type described in paragraph (C) of this rule which will detect a signal or the absence of such signal if the transmitter is removed from the person, turned off, or altered in any manner without prior court approval, or is otherwise tampered with;
(3) It can transmit a continuous periodic signal to the receiver when the person is within a specified distance from the receiver;
(4) It can transmit an appropriate signal to the receiver, the absence of which signal will be detected by the receiver if the person to whom it is attached travels a specified distance from the receiver;
(5) It is difficult to remove, turn off, or otherwise alter without prior court approval.
(C) In order to become certified, an electronic monitoring system must have a receiver that satisfies all of the following:
(1) It can receive continuously the signals transmitted by the transmitter described in paragraph (B) of this rule;
(2) It can continuously transmit appropriate signals by telephone to a central monitoring computer described in paragraph (D) of this rule;
(3) It is difficult to turn off, alter, or otherwise tamper with.
(D) In order to become certified, an electronic monitoring system must have a central monitoring computer that complies with all of the following:
(1) It can receive continuously the signals transmitted by telephone by a receiver of the type described in paragraph (C) of this rule;
(2) It will detect a signal or the absence of a signal from the receiver if the receiver is turned off or altered without prior court approval or is otherwise tampered with;
(3) It can monitor continuously the person to whom a transmitter of the type described in paragraph (B) of this rule is attached;
(4) It is difficult to circumvent.
(E) A certified electronic monitoring system must have an appropriate back up power supply that operates automatically when the main source of electrical or battery power fails.
(F) In certifying an electronic monitoring system, the superintendent shall make a determination, based upon a review of the application, any specifications, supporting documentation, or samples submitted and available information concerning the use of the system in other jurisdictions, that the system is capable of operating accurately and reliably under the anticipated conditions in which electronically monitored house arrests will be imposed by courts.
(G) If a manufacturer makes a substantial change in the specifications or method of operation of the transmitter, receiver or central monitoring computer of a previously certified electronic monitoring system, a certification for the type or brand of electronic monitoring system, as modified, must be obtained. A manufacturer may request an advisory opinion from the superintendent to determine whether a change in the specifications or method of operation would require a new certification.
(H) An application for certification of an electronic monitoring system shall be accompanied by a fee in the amount of five hundred dollars for each type or brand of electronic monitoring system for which certification is being sought.
(I) The superintendent shall publish and make available to all courts, without charge, a list of all types and brands of electronic monitoring systems that have been certified pursuant to this rule and information about the manufacturers of the certified systems and places at which the systems can be obtained.
R.C. 119.032 review dates: 02/14/2001 and 02/14/2006
Rule promulgated under: RC 119.03
Rule authorized by: RC 2929.23
Rule amplifies: RC 3737.91
Prior Effective Dates: 12/9/91
(A) The bureau of criminal identification and investigation shall maintain a retained fingerprint database as defined in section 109.5721 of the Revised Code including names, addresses, and fingerprints of individuals on whom the bureau has conducted a criminal record check for the purposes of determining eligibility for employment, licensure, approval for adoption or volunteer service.
(B) An entity that is required by statute to submit fingerprints and criminal record requests pursuant to division (E) of section 109.572 of the Revised Code may elect to participate in the continuous record monitoring service. When the superintendent receives records under section 109.57 of the Revised Code that indicate an individual in the retained applicant fingerprint database has been arrested or convicted of a crime, the superintendent shall promptly notify the employer either electronically or via mail that additional arrest or conviction information is available.
(C) The employer may contact the bureau of criminal identification and investigation for detailed information regarding this notification.
(D) The superintendent of the bureau of criminal identification and investigation shall charge an initial fee of five dollars for each individual entered into the retained applicant fingerprint database and an annual fee of five dollars thereafter. The payment must be in the form of a business check, money order, or electronic payment made payable to the “Treasurer of State of Ohio.”
(E) The information the superintendent of the bureau of criminal identification and investigation provides to participating entities pursuant to section 109.5721 of the Revised Code and or this rule, may only be used for purposes authorized by law.
Effective: 01/01/2008
R.C. 119.032 review dates: 01/01/2013
Promulgated Under: 119.03
Statutory Authority: 109.5721
Rule Amplifies: 109.5721
(A) An entity shall enroll individuals into the retained applicant fingerprint database by submitting the civilian background check authentication number or the name, date of birth and social security number of the employee or licensee.
(B) Upon receipt of the information referred to in paragraph (A) of this rule, the bureau of criminal identification and investigation shall immediately enter the information into the retained applicant fingerprint database.
(C) The participating entity is responsible for sending updated information, in an electronic format, to the bureau of criminal identification and investigation on individuals who are deceased or are no longer employed, licensed, certified or otherwise approved by that entity.
(D) Upon receipt of such information referred to in paragraph (C) of this rule, the bureau of criminal identification and investigation shall promptly delete the individual’s records from the retained applicant fingerprint database.
Effective: 01/01/2008
R.C. 119.032 review dates: 01/01/2013
Promulgated Under: 119.03
Statutory Authority: 109.5721
Rule Amplifies: 109.5721