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

Ga. Comp. R. & Regs. R. 140-2-.13
O.C.G.A. Secs. 35-3-33, 35-3-36, 40-11-12.
Original Rule entitled "Wanted/Missing Persons and Stolen Property" 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 the Agency. Repealed: New Rule entitled "Wanted/Missing Persons and Stolen/Abandoned Property" adopted. F. July 7, 1988; eff. July 27, 1988. Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990. Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992. Repealed: New Rule entitled "Wanted/Missing Persons and Stolen/ Abandoned Serial Numbered Property" 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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