Ga. Comp. R. & Regs. R. 140-2-.03 - Completeness and Accuracy of Criminal Justice Information
Current through Rules and Regulations filed through April 4, 2022
(1) Each law enforcement agency is
responsible for obtaining fingerprints of persons charged with criminal
offenses described in O.C.G.A. §
35-3-33.
Additionally, O.C.G.A. § 15-11-83 requires agencies charging juveniles (16
years of age and younger) with felony offenses to submit criminal cards to GCIC
in the same manner prescribed for adult offenders. Fingerprint images may be
transmitted electronically to GCIC utilizing GCIC certified livescan/cardscan
devices, or submitted manually (rolled, inked prints) on FBI provided
fingerprint cards preprinted with the arresting agency's Originating Agency
Identifier (ORI). Only black printer's ink or an alternative medium authorized
by the FBI is acceptable for fingerprint images submitted manually to GCIC;
additionally, two original arrest fingerprint cards are required for manual
submissions. Agencies should seek GCIC approval before using other criminal
fingerprint cards, or buying/using any alternative medium or
system.
(a) All required fields on arrest
fingerprint cards or electronic transmissions must be complete and legible .
When applicable, agencies should indicate "Treat as Adult" status (persons 13
to 16 years of age) by checking the appropriate block on the reverse side of
fingerprint cards, or keying the appropriate code in designated
field(s).
(b) Only law enforcement
personnel may obtain fingerprints and complete the data fields necessary to
submit an arrest record to GCIC. At no time should arrested persons or inmates
of jails or correctional institutions assist in obtaining fingerprints or
completing data fields.
(c)
Agencies must forward individual arrest data and fingerprint images to GCIC
within 24 hours of arrest; however, this time may be extended to cover any
intervening holiday or weekend.
(2) Each law enforcement agency arresting
persons under paragraph (1) above is also responsible for forwarding the
Offender Tracking Number (OTN) and Charge Tracking Number (CTN), and other
associated information, along with arrest warrants, citations or charges to
appropriate prosecutors or courts. Prosecutors and courts use the OTN and CTN
to report the final disposition of charges to GCIC. Agencies may electronically
transmit disposition information to GCIC via systems and programs meeting GCIC
requirements. Final disposition reporting is required for complete and accurate
adult and juvenile criminal history records.
(a) When a district attorney or solicitor
makes a final disposition decision, it is the duty of this official to forward
the disposition information to GCIC.
(b) When a final disposition or modification
of earlier disposition decision occurs in a court of competent jurisdiction, it
is the court's duty to forward the disposition information to GCIC.
(c) When the State Board of Pardons and
Paroles modifies a sentence, revokes parole or discharges a parolee, it is the
Board's duty to forward the disposition information of sentence modification to
GCIC.
(d) When a probation sentence
is successfully completed (under provisions of Georgia's First Offender Act),
revoked, or there is a disposition arising from a revocation hearing, it is the
duty of probation offices under the direct supervision of the Department of
Corrections to forward disposition information to GCIC.
(e) When the Georgia Court of Appeals or
Supreme Court of Georgia issues a decision or order to modify or suspend a
trial court's decision regarding an individual defendant, it is the duty of the
clerk of the Court of Appeals or the Supreme Court of Georgia and the clerk of
the trial court to forward the disposition information of such modification or
suspension to GCIC.
(f) Juvenile
courts must submit final dispositions on juvenile offenses reported under
O.C.G.A. § 15-11-83. Final dispositions are required for a complete and
accurate juvenile criminal history database.
1. Criminal justice agencies must report
final dispositions of juvenile cases.
2. The specific name and ORI of the judicial
agency handling the juvenile case must be in the disposition information.
Superior Court Clerks will forward juvenile disposition information to GCIC for
counties without a juvenile court and should indicate "Juvenile" in the final
disposition information to ensure use of the appropriate juvenile codes when
processing the record. Juvenile courts that do not have an ORI may make
application for an ORI through GCIC.
3. Juvenile records are available to criminal
justice agencies only for the administration of criminal justice using purpose
code C.
4. Juvenile records are not
automatically purged from the criminal history database. A court order to seal,
expunge, or destroy a juvenile record is required and must contain sufficient
identifying information (juvenile's name, sex, race, date of birth, date of
arrest, OTN and CTN) to carry out actions required. Further guidance may be
found in O.C.G.A. §§ 15-11-79, 15-11-79.2, 15-11-81 and
15-11-82.
(3)
Responsible agencies must forward final disposition information to GCIC within
30 days of the final disposition decision.
(4) GCIC will publish a list of
fingerprintable offenses as prescribed by Georgia law and the Attorney General
of Georgia and revise the list when necessary as determined by the Attorney
General.
Notes
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.