cfr_sections
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18 rows where part_number = 20 and title_number = 28 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 28:28:1.0.1.1.21.1.4.1 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | A | Subpart A—General Provisions | § 20.1 Purpose. | DOJ | [Order No. 2258-99, 64 FR 52226, Sept. 28, 1999] | It is the purpose of these regulations to assure that criminal history record information wherever it appears is collected, stored, and disseminated in a manner to ensure the accuracy, completeness, currency, integrity, and security of such information and to protect individual privacy. | ||||
| 28:28:1.0.1.1.21.1.4.2 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | A | Subpart A—General Provisions | § 20.2 Authority. | DOJ | [AG Order No. 5949-2024, 89 FR 54346, July 1, 2024] | These regulations are issued pursuant to sections 501 and 524(b) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by the Crime Control Act of 1973, Public Law 93-83, 87 Stat. 197, 42 U.S.C. 3701, et seq. (Act), 28 U.S.C. 534, Public Law 92-544, 86 Stat. 1115, and Public Law 117-159, 136 Stat. 1331. | ||||
| 28:28:1.0.1.1.21.1.4.3 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | A | Subpart A—General Provisions | § 20.3 Definitions. | DOJ | [Order No. 2258-99, 64 FR 52226, Sept. 28, 1999, as amended by Order No. 5949-2024, 89 FR 54346, July 1, 2024] | As used in these regulations: (a) Act means the Omnibus Crime Control and Safe Streets Act, 42 U.S.C. 3701, et seq., as amended. (b) Administration of criminal justice means 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. (c) Control Terminal Agency means a duly authorized state, foreign, or international criminal justice agency with direct access to the National Crime Information Center telecommunications network providing statewide (or equivalent) service to its criminal justice users with respect to the various systems managed by the FBI CJIS Division. (d) Criminal history record information means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records if such information does not indicate the individual's involvement with the criminal justice system. (e) Criminal history record information system means a system including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal history record information. (f) Criminal history record repository means the state agency designated by the governor or other appropriate executive official or the legislature to perform centralized recordkeeping functions for criminal history records and services in the state. (g) Criminal justice agency means: (1) Courts; and … | ||||
| 28:28:1.0.1.1.21.2.4.1 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | B | Subpart B—State and Local Criminal History Record Information Systems | § 20.20 Applicability. | DOJ | (a) The regulations in this subpart apply to all State and local agencies and individuals collecting, storing, or disseminating criminal history record information processed by manual or automated operations where such collection, storage, or dissemination has been funded in whole or in part with funds made available by the Law Enforcement Assistance Administration subsequent to July 1, 1973, pursuant to title I of the Act. Use of information obtained from the FBI Identification Division or the FBI/NCIC system shall also be subject to limitations contained in subpart C. (b) The regulations in this subpart shall not apply to criminal history record information contained in: (1) Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons; (2) Original records of entry such as police blotters maintained by criminal justice agencies, compiled chronologically and required by law or long standing custom to be made public, if such records are organized on a chronological basis; (3) Court records of public judicial proceedings; (4) Published court or administrative opinions or public judicial, administrative or legislative proceedings; (5) Records of traffic offenses maintained by State departments of transportation, motor vehicles or the equivalent thereof for the purpose of regulating the issuance, suspension, revocation, or renewal of driver's, pilot's or other operators' licenses; (6) Announcements of executive clemency. (c) Nothing in these regulations prevents a criminal justice agency from disclosing to the public criminal history record information related to the offense for which an individual is currently within the criminal justice system. Nor is a criminal justice agency prohibited from confirming prior criminal history record information to members of the news media or any other person, upon specific inquiry as to whether a named individual was arrested, detained, indicted, or whether an information or other formal charge was filed, on a specified date, if the arrest … | |||||
| 28:28:1.0.1.1.21.2.4.2 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | B | Subpart B—State and Local Criminal History Record Information Systems | § 20.21 Preparation and submission of a Criminal History Record Information Plan. | DOJ | [41 FR 11715, Mar. 19, 1976, as amended at 42 FR 61595, Dec. 6, 1977] | A plan shall be submitted to OJARS by each State on March 16, 1976, to set forth all operational procedures, except those portions relating to dissemination and security. A supplemental plan covering these portions shall be submitted no later than 90 days after promulgation of these amended regulations. The plan shall set forth operational procedures to— (a) Completeness and accuracy. Insure that criminal history record information is complete and accurate. (1) Complete records should be maintained at a central State repository. To be complete, a record maintained at a central State repository which contains information that an individual has been arrested, and which is available for dissemination, must contain information of any dispositions occurring within the State within 90 days after the disposition has occurred. The above shall apply to all arrests occurring subsequent to the effective date of these regulations. Procedures shall be established for criminal justice agencies to query the central repository prior to dissemination of any criminal history record information unless it can be assured that the most up-to-date disposition data is being used. Inquiries of a central State repository shall be made prior to any dissemination except in those cases where time is of the essence and the repository is technically incapable of responding within the necessary time period. (2) To be accurate means that no record containing criminal history record information shall contain erroneous information. To accomplish this end, criminal justice agencies shall institute a process of data collection, entry, storage, and systematic audit that will minimize the possibility of recording and storing inaccurate information and upon finding inaccurate information of a material nature, shall notify all criminal justice agencies known to have received such information. (b) Limitations on dissemination. Insure that dissemination of nonconviction data has been limited, whether directly or through any intermediary only to: … | ||||
| 28:28:1.0.1.1.21.2.4.3 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | B | Subpart B—State and Local Criminal History Record Information Systems | § 20.22 Certification of compliance. | DOJ | (a) Each State to which these regulations are applicable shall with the submission of its plan provide a certification that to the maximum extent feasible action has been taken to comply with the procedures set forth in the plan. Maximum extent feasible, in this subsection, means actions which can be taken to comply with the procedures set forth in the plan that do not require additional legislative authority or involve unreasonable cost or do not exceed existing technical ability. (b) The certification shall include— (1) An outline of the action which has been instituted. At a minimum, the requirements of access and review under § 20.21(g) must be completely operational; (2) A description of any legislation or executive order, or attempts to obtain such authority that has been instituted to comply with these regulations; (3) A description of the steps taken to overcome any fiscal, technical, and administrative barriers to the development of complete and accurate criminal history record information; (4) A description of existing system capability and steps being taken to upgrade such capability to meet the requirements of these regulations; and (5) A listing setting forth categories of non-criminal justice dissemination. See § 20.21(b). | |||||
| 28:28:1.0.1.1.21.2.4.4 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | B | Subpart B—State and Local Criminal History Record Information Systems | § 20.23 Documentation: Approval by OJARS. | DOJ | [41 FR 11715, Mar. 19, 1976, as amended at 42 FR 61596, Dec. 6, 1977] | Within 90 days of the receipt of the plan, OJARS shall approve or disapprove the adequacy of the provisions of the plan and certification. Evaluation of the plan by OJARS will be based upon whether the procedures set forth will accomplish the required objectives. The evaluation of the certification(s) will be based upon whether a good faith effort has been shown to initiate and/or further compliance with the plan and regulations. All procedures in the approved plan must be fully operational and implemented by March 1, 1978. A final certification shall be submitted on March 1, 1978. Where a State finds it is unable to provide final certification that all required procedures as set forth in § 20.21 will be operational by March 1, 1978, a further extension of the deadline will be granted by OJARS upon a showing that the State has made a good faith effort to implement these regulations to the maximum extent feasible. Documentation justifying the request for the extension including a proposed timetable for full compliance must be submitted to OJARS by March 1, 1978. Where a State submits a request for an extension, the implementation date will be extended an additional 90 days while OJARS reviews the documentation for approval or disapproval. To be approved, such revised schedule must be consistent with the timetable and procedures set out below: (a) July 31, 1978—Submission of certificate of compliance with: (1) Individual access, challenge, and review requirements; (2) Administrative security; (3) Physical security to the maximum extent feasible. (b) Thirty days after the end of a State's next legislative session—Submission to OJARS of a description of State policy on dissemination of criminal history record information. (c) Six months after the end of a State's legislative session—Submission to OJARS of a brief and concise description of standards and operating procedures to be followed by all criminal justice agencies covered by OJARS regulations in complying with the State policy on dissemination. (d) Eig… | ||||
| 28:28:1.0.1.1.21.2.4.5 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | B | Subpart B—State and Local Criminal History Record Information Systems | § 20.24 State laws on privacy and security. | DOJ | Where a State originating criminal history record information provides for sealing or purging thereof, nothing in these regulations shall be construed to prevent any other State receiving such information, upon notification, from complying with the originating State's sealing or purging requirements. | |||||
| 28:28:1.0.1.1.21.2.4.6 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | B | Subpart B—State and Local Criminal History Record Information Systems | § 20.25 Penalties. | DOJ | [41 FR 11715, Mar. 19, 1976, as amended by Order No. 2249-99, 64 FR 47102, Aug. 30, 1999; AG Order 3690-2016, 81 FR 42499, June 30, 2016] | Any agency or individual violating subpart B of these regulations shall be subject to a civil penalty not to exceed $10,000 for a violation occurring before September 29, 1999, and not to exceed $11,000 for a violation occurring on after September 29, 1999. For civil penalties assessed after August 1, 2016, whose associated violations occurred after November 2, 2015, see the civil penalty amount as provided in 28 CFR 85.5. In addition, OJARS may initiate fund cut-off procedures against recipients of OJARS assistance. | ||||
| 28:28:1.0.1.1.21.3.4.1 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | C | Subpart C—Federal Systems and Exchange of Criminal History Record Information | § 20.30 Applicability. | DOJ | The provisions of this subpart of the regulations apply to the III System and the FIRS, and to duly authorized local, state, tribal, federal, foreign, and international criminal justice agencies to the extent that they utilize the services of the III System or the FIRS. This subpart is applicable to both manual and automated criminal history records. | |||||
| 28:28:1.0.1.1.21.3.4.2 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | C | Subpart C—Federal Systems and Exchange of Criminal History Record Information | § 20.31 Responsibilities. | DOJ | [41 FR 11715, Mar. 19, 1976, as amended at 75 FR 18755, Apr. 13, 2010; 75 FR 24798, May 6, 2010] | (a) The Federal Bureau of Investigation (FBI) shall manage the NCIC. (b) The FBI shall manage the FIRS to support identification and criminal history record information functions for local, state, tribal, and federal criminal justice agencies, and for noncriminal justice agencies and other entities where authorized by federal statute, state statute pursuant to Public Law 92-544, 86 Stat. 1115, Presidential executive order, or regulation or order of the Attorney General of the United States. (c) The FBI CJIS Division may manage or utilize additional telecommunication facilities for the exchange of fingerprints, criminal history record related information, and other criminal justice information. (d) The FBI CJIS Division shall maintain the master fingerprint files on all offenders included in the III System and the FIRS for the purposes of determining first offender status; to identify those offenders who are unknown in states where they become criminally active but are known in other states through prior criminal history records; and to provide identification assistance in disasters and for other humanitarian purposes. (e) The FBI may routinely establish and collect fees for noncriminal justice fingerprint-based and other identification services as authorized by Federal law. These fees apply to Federal, State and any other authorized entities requesting fingerprint identification records and name checks for noncriminal justice purposes. (1) The Director of the FBI shall review the amount of the fee periodically, but not less than every four years, to determine the current cost of processing fingerprint identification records and name checks for noncriminal justice purposes. (2) Fee amounts and any revisions thereto shall be determined by current costs, using a method of analysis consistent with widely accepted accounting principles and practices, and calculated in accordance with the provisions of 31 U.S.C. 9701 and other Federal law as applicable. (3) Fee amounts and any revisions thereto shall be publishe… | ||||
| 28:28:1.0.1.1.21.3.4.3 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | C | Subpart C—Federal Systems and Exchange of Criminal History Record Information | § 20.32 Includable offenses. | DOJ | (a) Criminal history record information maintained in the III System and the FIRS shall include serious and/or significant adult and juvenile offenses. (b) The FIRS excludes arrests and court actions concerning nonserious offenses, e.g., drunkenness, vagrancy, disturbing the peace, curfew violation, loitering, false fire alarm, non-specific charges of suspicion or investigation, and traffic violations (except data will be included on arrests for vehicular manslaughter, driving under the influence of drugs or liquor, and hit and run), when unaccompanied by a § 20.32(a) offense. These exclusions may not be applicable to criminal history records maintained in state criminal history record repositories, including those states participating in the NFF. (c) The exclusions enumerated above shall not apply to federal manual criminal history record information collected, maintained, and compiled by the FBI prior to the effective date of this subpart. | |||||
| 28:28:1.0.1.1.21.3.4.4 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | C | Subpart C—Federal Systems and Exchange of Criminal History Record Information | § 20.33 Dissemination of criminal history record information. | DOJ | [Order No. 2258-99, 64 FR 52227, Sept. 28, 1999, as amended by Order No. 5949-2024, 89 FR 54346, July 1, 2024] | (a) Criminal history record information contained in the III System and the FIRS may be made available: (1) To criminal justice agencies for criminal justice purposes, which purposes include the screening of employees or applicants for employment hired by criminal justice agencies; (2) To federal agencies authorized to receive it pursuant to federal statute or Executive order; (3) For use in connection with licensing or employment, pursuant to Public Law 92-544, 86 Stat. 1115, or other federal legislation, and for other uses for which dissemination is authorized by federal law. Refer to § 50.12 of this chapter for dissemination guidelines relating to requests processed under this paragraph; (4) For issuance of press releases and publicity designed to effect the apprehension of wanted persons in connection with serious or significant offenses; (5) To criminal justice agencies for the conduct of background checks under the National Instant Criminal Background Check System (NICS); (6) To noncriminal justice governmental agencies performing criminal justice dispatching functions or data processing/ information services for criminal justice agencies; and (7) To private contractors pursuant to a specific agreement with an agency identified in paragraphs (a)(1) or (a)(6) of this section and for the purpose of providing services for the administration of criminal justice pursuant to that agreement. The agreement must incorporate a security addendum approved by the Attorney General of the United States, which shall specifically authorize access to criminal history record information, limit the use of the information to the purposes for which it is provided, ensure the security and confidentiality of the information consistent with these regulations, provide for sanctions, and contain such other provisions as the Attorney General may require. The power and authority of the Attorney General hereunder shall be exercised by the FBI Director (or the Director's designee). (b) The exchange of criminal history record info… | ||||
| 28:28:1.0.1.1.21.3.4.5 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | C | Subpart C—Federal Systems and Exchange of Criminal History Record Information | § 20.34 Individual's right to access criminal history record information. | DOJ | The procedures by which an individual may obtain a copy of his or her identification record from the FBI to review and request any change, correction, or update are set forth in §§ 16.30-16.34 of this chapter. The procedures by which an individual may obtain a copy of his or her identification record from a state or local criminal justice agency are set forth in § 20.34 of the appendix to this part. | |||||
| 28:28:1.0.1.1.21.3.4.6 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | C | Subpart C—Federal Systems and Exchange of Criminal History Record Information | § 20.35 Criminal Justice Information Services Advisory Policy Board. | DOJ | (a) There is established a CJIS Advisory Policy Board, the purpose of which is to recommend to the FBI Director general policy with respect to the philosophy, concept, and operational principles of various criminal justice information systems managed by the FBI's CJIS Division. (b) The Board includes representatives from state and local criminal justice agencies; members of the judicial, prosecutorial, and correctional segments of the criminal justice community; a representative of federal agencies participating in the CJIS systems; and representatives of criminal justice professional associations. (c) All members of the Board will be appointed by the FBI Director. (d) The Board functions solely as an advisory body in compliance with the provisions of the Federal Advisory Committee Act. Title 5, United States Code, Appendix 2. | |||||
| 28:28:1.0.1.1.21.3.4.7 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | C | Subpart C—Federal Systems and Exchange of Criminal History Record Information | § 20.36 Participation in the Interstate Identification Index System. | DOJ | (a) In order to acquire and retain direct access to the III System, each Control Terminal Agency and Federal Service Coordinator shall execute a CJIS User Agreement (or its functional equivalent) with the Assistant Director in Charge of the CJIS Division, FBI, to abide by all present rules, policies, and procedures of the NCIC, as well as any rules, policies, and procedures hereinafter recommended by the CJIS Advisory Policy Board and adopted by the FBI Director. (b) Entry or updating of criminal history record information in the III System will be accepted only from state or federal agencies authorized by the FBI. Terminal devices in other agencies will be limited to inquiries. | |||||
| 28:28:1.0.1.1.21.3.4.8 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | C | Subpart C—Federal Systems and Exchange of Criminal History Record Information | § 20.37 Responsibility for accuracy, completeness, currency, and integrity. | DOJ | It shall be the responsibility of each criminal justice agency contributing data to the III System and the FIRS to assure that information on individuals is kept complete, accurate, and current so that all such records shall contain to the maximum extent feasible dispositions for all arrest data included therein. Dispositions should be submitted by criminal justice agencies within 120 days after the disposition has occurred. | |||||
| 28:28:1.0.1.1.21.3.4.9 | 28 | Judicial Administration | I | 20 | PART 20—CRIMINAL JUSTICE INFORMATION SYSTEMS | C | Subpart C—Federal Systems and Exchange of Criminal History Record Information | § 20.38 Sanction for noncompliance. | DOJ | Access to systems managed or maintained by the FBI is subject to cancellation in regard to any agency or entity that fails to comply with the provisions of subpart C of this part. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);