Ga. Comp. R. & Regs. R. 140-2-.13 - Wanted/Missing Persons and Stolen/Abandoned Serial Numbered Property
Current through Rules and Regulations filed through April 4, 2022
Responsible agencies shall enter (or cause entry of) information in GCIC and/or NCIC computerized files pertaining to wanted/missing persons, protected persons, sex offenders, unidentified deceased persons and serial-numbered property reported as stolen; entries shall be made when required data elements become available. O.C.G.A. ยง 35-3-36 requires agencies to enter records within 12 hours of determining that persons should be arrested or serial-numbered property was stolen. Provisions for entry of GCIC/NCIC computerized records regarding missing persons are contained in GCIC Council Rule 140-2-.15.
(a) Criminal justice agencies accessing
Georgia's CJIS network shall use GCIC/NCIC codes, formats and operating
procedures when making record entries. GCIC will provide procedural manuals and
operations bulletins containing codes, procedures and guidance for record
entry. GCIC will also provide updates and revisions as needed.
1. Heads of criminal justice agencies
authorized to make GCIC/NCIC record entries or otherwise access databases
maintained by Georgia, other states and the FBI are responsible for ensuring
that current GCIC publications are maintained and used as authoritative CJIS
network operational directives within their respective agency.
2. Heads of criminal justice agencies
accessing Georgia's CJIS network are responsible for ensuring the proper
training of employees authorized to enter, modify, locate, clear, cancel and
validate GCIC/NCIC record entries identified by this Rule. The training program
shall emphasize that a second employee must verify each record entry for
completeness and accuracy. Training requirements are contained in GCIC Council
Rule
140-2-.16.
(b) Criminal justice agencies accessing
Georgia's CJIS network shall assist criminal justice and other authorized
agencies by providing controlled and monitored network access.
(c) Each record entered in GCIC/NCIC
computerized files shall contain the ORI of the agency responsible for the
record entry.
1. Any criminal justice agency
or governmental dispatch center connected to the CJIS network may act as
"holder" of GCIC/NCIC record entries on behalf of another agency responsible
for criminal cases or other actions involving GCIC/NCIC computerized files. An
agency may use its own ORI in GCIC/NCIC record entries only when a signed
Holder of Record Agreement exists between the entering agency and the
non-terminal agency. The Holder of Record Agreement must outline each agency's
legal responsibilities for records entered in GCIC/NCIC computerized
files.
2. Record responsibilities
include entry, update and confirmation of positive inquiry responses (known as
"hits") made by other agencies when these agencies confront persons who may be
wanted or missing, violators of protection orders, or come into contact with
serial-numbered property which may be stolen.
(d) Record entries shall be made within 12
hours of a determination by the investigating criminal justice agency that a
wanted person should be arrested or serial-numbered property is stolen. Missing
person record entries shall be made in accordance with Rule
140-2-.15(2)(a).
Record entries shall be made within the above period as soon as minimum
information for records is obtained. Agencies responsible for record entries
shall take necessary actions to obtain minimum data to meet the 12-hour entry
requirement.
(e) All record entries
must have supporting official documents that reflect initial and continuing
efforts to apprehend wanted persons, validate registered sex offender
information, protect victims of domestic violence, or recover identifiable,
serial-numbered stolen property. Arrest warrants must be available to support
GCIC/NCIC wanted person record entries.
1.
CJIS network terminal agencies shall require non-terminal agencies to provide
copies of such supporting documents prior to making GCIC/NCIC record entries on
behalf of such agencies. If emergencies arise, where immediate or prompt record
entry is critical to apprehending a wanted person or recovering serial-numbered
property reported as stolen, supporting documents may be provided after record
entries are made. CJIS network terminal agencies and non-terminal agencies
should establish Service Agreements to ensure proper and timely handling of
record entries and responsibilities.
2. If supporting documents are not provided
within 48 hours of entry, record entries shall be removed from GCIC/NCIC
computerized files. CJIS network terminal agencies shall notify non-terminal
agencies upon removal of GCIC/NCIC record entries from GCIC/NCIC
files.
3. CJIS network terminal
agencies shall maintain supporting documents in their files until arrest
warrants are served or recalled, stolen serial-numbered property is recovered,
missing persons are located or record entries are otherwise removed from
GCIC/NCIC computerized files.
(f) Any agency with records entered in
GCIC/NCIC computerized files shall respond to hit confirmation request
messages. Responses may include notification that a specific amount of time
will be required for record verification or deemed as official verification.
1. Responses to priority messages must be
made within ten minutes; responses to routine messages must be made within one
hour. Obvious abuse of this process, such as a priority hit request (10
minutes) for wanted/missing persons who are in custody or stolen property that
has been recovered, shall be subject to GCIC disciplinary procedures as
determined by the Director.
2.
Verification messages must include the status of record entries representing
wanted/missing persons, protected persons, or stolen serial-numbered
property.
(g) GCIC/NCIC
record entries that are no longer valid must be removed immediately from
GCIC/NCIC computerized files.
1. CJIS network
terminal agencies are responsible for the timely removal of their records when
no longer valid.
2. Non-terminal
agencies are likewise responsible for the timely removal of their records when
no longer valid by submitting a request for record removal to the CJIS network
agency providing service.
(h) GCIC provides a computerized file for
entry of abandoned motor vehicles recovered by law enforcement agencies and/or
reported to them by wrecker service operators or vehicle storage facilities.
Georgia law requires a law enforcement agency to make record
entries, or have record entries made if the law enforcement agency
does not have access to Georgia's CJIS network, in the designated GCIC
computerized file. Georgia law also requires law enforcement agencies to
furnish wrecker service operators, or vehicle storage facilities, with the name
and address of the last known registered owner and title/lien holder
information. Such information is available from the Georgia Department of
Revenue via the CJIS network. The name and address of the last known owner of
an abandoned vehicle registered in another state is available from that state's
motor vehicle file through Nlets via a CJIS network inquiry. Georgia law
further requires owners of abandoned motor vehicles, which later are determined
as stolen, to receive recovery notification from law enforcement agencies after
receiving reports that such vehicles were stolen. GCIC abandoned vehicle file
records are automatically purged 90 days after entry if not removed sooner by
entering agencies. NCIC does not maintain an abandoned vehicle file.
Notes
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