LAW
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Ohio Laws and Rules
For purposes of this chapter:
(A) “Administration of criminal justice” means the 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.
(B) “Automated fingerprint identification system (AFIS)” is the system developed to provide identification services to the nation’s law enforcement community and to organizations where criminal background histories are a critical factor in consideration for employment. AFIS is a computer based system that can store, process, analyze, and retrieve millions of fingerprints.
(C) “Audit” means a formal, periodic examination of records to verify they are current, complete and accurate, and to verify adherence with LEADS and NCIC policy and regulations.
(D) “Audit trail” means the recorded information tracking the responsibility for hard copies of data garnered from LEADS.
(E) “Computerized criminal history (CCH)” means an electronic data processing file which is accessible using specific data fields. It contains records of arrests and dispositions of criminal proceedings entered into the system. The repository of these records is the responsibility of the bureau of criminal identification and investigation as specified in sections 109.57 and 109.60 of the Revised Code.
(F) “Criminal justice administrator” means a person who manages and directs the affairs of a criminal justice office; i.e. police chief, sheriff, highway patrol post commander, administrative judge, FBI special agent-in-charge, chief probation/parole officer, director of intrastate regional system, prosecutor, chief park ranger, etc.
(G) “Criminal justice agency” means:
(1) Courts; and
(2) A governmental or non-governmental 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 (more than fifty percent) of its annual budget to the administration of criminal justice.
(H) “CJIS systems agency (CSA)” means the agency which maintains management control of the computer system on which LEADS resides. CSA responsibilities include planning for necessary hardware and software, funding, training, record validations, quality control, dissemination of manuals and other publications, security, audits, and adherence to LEADS rules. The Ohio state highway patrol is the Ohio CSA.
(I) “CJIS systems officer (CSO)” means the designated person within the CSA supplying a single contact point for the state of Ohio. This person is appointed by the superintendent of the Ohio state highway patrol and serves as the LEADS steering committee chairperson.
(J) “Criminal justice information services (CJIS)” serves as the focal point and central repository for criminal justice information services in the FBI. This division provides identification and information services to local, state, federal and international criminal justice communities. The CJIS division includes the fingerprint identification program, national crime information center program, uniform crime reporting program, and the development of the integrated fingerprint identification system.
(K) “Electronic mail,” also known as e-mail, is the capability of sending messages and data between individuals. E-mail, when provided by LEADS, will be restricted to business purposes only. E-mail provided by LEADS is subject to monitoring for compliance with policy and procedures and is governed by the scope of LEADS rules.
(L) “Encryption” means an application of a specific algorithm of data so as to alter the appearance of the data making it incomprehensible to those who are not authorized to see the information.
(M) “Firewall” means a system designed to prevent unauthorized access to or from a private network. Firewalls can be implemented in both hardware and software, or a combination of both. Firewalls are frequently used to prevent unauthorized internet users from accessing private networks connected to the internet, especially intranets.
(N) “INTERPOL (the international criminal police organization),” located in Lyon, France, is the world’s largest international police organization. It was created to support and assist all organizations, authorities and services whose mission is to prevent or combat international crime.
(O) “Interstate identification index (III)” means a computerized pointer system maintained in the NCIC that identifies the repository of criminal history records. Inquiries against the III may result in responses from the FBI identification division as well as from one or more states holding records.
(P) “Intrastate regional system” means a governmental computer system which serves as a cooperative between political subdivisions in a particular region for the purpose of providing a consolidated computerized information system for criminal justice agencies. An application for regional status will be reviewed by the LEADS steering committee (LSC), and recommended to the superintendent of the Ohio state highway patrol for approval.
Intrastate regional systems are responsible for LEADS approved auditing and training programs and administrative sanctions to users found to be non-compliant to LEADS/NCIC requirements.
(Q) “Law enforcement automated data system (LEADS)” means the statewide computerized network which provides computerized data and communications for criminal justice agencies within the state of Ohio. LEADS is administered by the Ohio state highway patrol superintendent. LEADS does not include data and files separately collected and maintained by intrastate regional systems or other individual user systems.
(R) “LEADS owned equipment” means any network connectivity equipment owned or leased by LEADS.
(S) “LEADS workstation” means a personal computer with monitor, central processing unit (CPU), operating system, any printers, and LEADS approved software.
(T) “Managed security services” means network security services performed by a private company or contractor. Selecting a managed security service includes but is not limited to the set up, configuration, operations, maintenance and monitoring of your security infrastructure. This applies to firewalls, intrusions detection systems, syslog servers, and network monitoring equipment.
(U) “Management control” means having the authority to set and enforce:
(1) Priorities;
(2) Standards for the selection, supervision, and termination of personnel; and
(3) Policy governing the operation of computer circuits and telecommunications terminals used to access the LEADS.
(V) “Mobile access device” is a portable/wireless terminal owned/leased by a criminal justice agency and whose operator is under the management control of the LEADS user agency.
(W) “Message” refers to any information communicated from terminal to terminal through the LEADS communication network.
(X) “National crime information center (NCIC)” means the nationwide computerized filing system established for criminal justice agencies at the local, state, and federal levels and is managed by the federal bureau of investigation (FBI).
(Y) “NLETS (International Justice and Public Safety Information Sharing Network)” means the computerized message switching and filing system linking local, state, federal, and international criminal justice agencies for information exchange. This system is operated as a cooperative of the states.
(Z) “Nonterminal agency” means a criminal justice agency qualifying for an originating agency identifier but not having a land-based terminal.
(AA) “Originating agency identifier (ORI)” means a unique, nine character identifier assigned by LEADS and NCIC to electronically address each agency and terminals within the agency.
(BB) “Practitioner” is any person authorized to receive LEADS data who is “not” a certified terminal operator.
(CC) “Serious misdemeanors,” for the purpose of being a terminal operator, include but are not limited to the following:
(1) Any offense classified by the Ohio Revised Code as a misdemeanor of the first degree;
(2) Any offense which involves a crime against a person in which physical harm or the threat of physical harm occurred;
(3) Any offense involving the use/misuse of a computer or computer system;
(4) Any offense involving theft, identity theft, fraud, or other similar offense;
(5) Any offense involving the impersonation of a law enforcement officer;
(6) Any offense where the use of LEADS information was instrumental in the commission of the offense.
An appeal process is available anytime there is denial of access to work on/within LEADS.
(DD) “Terminal” means a workstation, a secondary keyboard device or intrastate regional device from which LEADS, NCIC or NLETS data may be accessed.
(EE) “Terminal agency” means a criminal justice agency qualifying for an originating agency identifier which has a terminal accessing LEADS.
(FF) “USNCB (United States national central bureau)” is a component of the department of justice serving as the point of contact to INTERPOL for United States law enforcement agencies.
(GG) “Validation” means the act of reviewing records to ensure the accuracy, completeness and continued interest of the data therein.
Effective: 02/15/2008
R.C. 119.032 review dates: 11/29/2007 and 11/29/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 5503.10
Rule Amplifies: R.C. 5503.10
Prior Effective Dates: 10/10/91, 4/11/94, 9/29/94, 10/21/95, 5/27/96, 7/31/98, 7/1/01, 11/1/03, 12/23/04