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

Ga. Comp. R. & Regs. R. 140-2-.03
O.C.G.A. Secs. 15-11-79.2, 15-11-81 to 15-11-83, 35-3-33, 35-3-36, 42 U.S.C. 3773, 28 C.F.R. 20.21.
Original Rule entitled "Completeness and Accuracy of Criminal Record Information" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976. Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency. Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency. Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986. Amended: F. Jan. 6, 1988; eff. Jan. 27, 1988, as specified by Agency. Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988. Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990. Repealed: New Rule entitled "Completeness and Accuracy of Criminal Justice Information" adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998. Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002. Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.

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