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HomeMy WebLinkAbout3356 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 3356 WACIC/NCIC Computerized Criminal History Police LEG 12-1 01/06/1991 06/15/2011 Review date for tracking only ACC£SS/WACIC/NCIC USER ACKNOWLEDGE~IENT I. INTRODUCTION Since its inception, the NCIC has operated under a shared management concept between the FBI and state users. The NCIC Advisory Policy Board established a goal of having a single state agency in each state assume responsibility as the NCIC Control Terminal Agency (CTA) for the state, through and by which NCIC users in that state would access NCIC. The The CTA is responsible for planning for necessary hardware, software, funding, and training for complete access to NCIC data services by all authorized agencies within the state. The Board approved the CTA concept in order to unify responsibility for system user discipline, and adherence to system procedures and peltcies within each state. The CTA also serves as a central potnt in its state for handling record validations, quality control matters, dissemination of manuals and other publications, security matters, user training, audit. and any Other problems concerning system use that may arise. FBI NCIC responsibilities under this shared management concert includes provision of: ~ - Operational, technical, and investigative assistance to' NC~C users;' - Telecommunications lines to a state interface; - Legal and legislative review of matters pertaining to NCIC; - Timely information on all NCIC aspects of system usage by means of the NCIC Operating Manual, Technical and Operational Updates, and related documents; - Staff research assistance; - Training and training materials to the control terminal agencies. The responsibilities of the CTO (Control Terminal Officer) are detailed in several documents related to the ACCESS/WACIC NCIC system. This agree- ment outlines the varied responsibilities of a CTO as they pertain to the NCIC system. The following documents are incorporated by reference and made part of this user acknowledgement: WACIC Manual; ACCESS Manual; NCIC Computerized Criminal History {CCH) Program Background, Concept and Policy as amended or superceded by tmplemUntatton of the Interstate Identification Index (III) Program; Title 28. Code of Federal Regulations. Part 20; NCIC Standards as recommended by the NCIC Advisory Policy Board and approved by the FBI Director; applicable federal and state law and regulation; ACCESS/ WACIC rules, regulations, and polices as recommended by the Advisory Council on Criminal Justice Services. -1- II. D£FIN[TIONS "Control Terminal A~encs" In Washington, the CTA is the Washington State Patrol. "NCIC Control Terminal Officer" An NCIC CTO is the commander of the Washington State Patrol Criminal Records Division. The CTO and his agency will be responsible for monitoring system use, enforcing system discipline, and assuring that ACCESS, WACIC, and NCIC operating procedures are followed by all users of the respective tele- communications lines as well as other related duties as outlined by this document. "Timeliness" WACIC/NCIC records must be entered promptly to ensure maximum system effectiveness. A timely entry in the Wanted Person File is one made' immediately once: 1. The decision to arrest or authorize arrest has been made; and 2;~ The decision has been made as to whether and how far to-go for extradition or return. The date of want or warrant must be the date on which all those decisions were made. A timely removal from the file means an immediate removal once the originating agency has documentation the fugitive has been arrested~'or is no longer wanted. Timely system inquiry means initiation of the transaction before an officer releases a subject or begins writing an arrest or citation document of any kind; inquiry prtor to the release of a person who has been incarcerated; and inquiry upon those who appear at a custodial facility to visit inmates. Timeliness of entry/modification in the Missing Person Ftle is generally the same as in the Wanted Person File. Ttmely entry/modification of vehtcle, ltcense plate, and vehtcle part data matches the wanted person standard, less the extradition consider- ations. Entry should be made as soon as a cross-checking with Motor Vehtcles Registration Files has been completed.. Ttmely entry of gun, arttcle, and securities information means within a few hours of the time complete information is available. "Validation" Validation (vehicles, plates, fugitives, missing person entries) obliges the ORI to confirm the record is complete, accurate, and still outstand- ing or active. Validation procedures are defined in Section IV-C of this agreement. "Completeness" Complete records of any kind include all information that was available on the person or property at the time of entry, lhe validation process should include a review of whether additional information has beco,~ available (missing from original entry) that could be added. Complete inquiries on persons include numbers that could be indexed in the record (i.e., Social Security, passport, VIN, license plates, driver's license, etc.). Inquiries should be made on all names/aliases used by the suspect. Complete vehicle inquiries include VIN and license plate numbers. "Accuracy" The accuracy of WACIC/NCIC data must be double-checked by a second party. That verification should include assuring that the available double- checks (VIN/ltcense numbers) were made, and that data in the WACIC/NCIC record matches the data in the investigative report. Agencies lacking support staff for this cross-checking should require the case officer to check the record, as he/she carries primary responsibility for seeking the fugitive and the stolen property. III. OPERATIONAL RESPONSIBILITIES To he}p ensure the proper operation of WACIC/NCIC, the standards, pro- cedures, formats, and criteria as contained in ACCESS/WACIC operating manuals:will be followed~ Spectf(c actions relattve to two, operational . situations are: 10 Minute Hit Confirmation Policy An originating agency must, within 10 minutes, furnish to an.:agency - requesting a record confirmation (1) a response indicating a positive or negative confirmation, or (2) a notice of the specific amount of time'necessary to provide a positive or negative confirmation. When the initial response cannot give a positive or negative confirmation, the amount of time allowed for a positive or negative confirmation will not exceed OgO0 hours, local time, on the next normal work day. This confirmation policy is especially critical with regard to a hit in the Wanted Person File. The WACIC operating manual describes procedures for handling a Wanted Person File hit in Section 8W, Paragraph 3.9. IV. ~UALITY ASSURANCE RESPONSIBILITIES A. Introduction Criminal Justice agencies specifically have a duty to maintain records that are accurate, complete, and up to date. To ensure reasonable ~uffictent record management, the CTA will ensure that there are security standards, audtt standards, and personnel tratning standards which would allow accurate and up-to-date records and dissemination of the same. B. Record Quality Errors discovered in WAC]C/NCIC records are classified as serious errors, form errors, or an error trend. (1) Serious errors: WACIC/NCIC will advise the ORI via teletype message of an apparently erroneous record and request that it be verified, changed, or canceled within 24 hours. If neither a response is received nor corrective action taken during that time, the record will be canceled. (2) Form error or error trend: CTA will mail a letter to the OR] so corrective action can be taken. No further notification or action will be taken by the CTA. C. Record Validation WACIC/NCIC periodically prepares listings of records on file for vali- dation purposes. Validation listings are prepared pursuant to a schedule as published in the WACIC Operating Manual. These listings are matled to the originating agency. Each agency wtll receive a letter explaining what,records are contained in the validation and general procedures for validating the records. A "REPLY REQUIRED" letter, is Included for the agency to certify that the records have been validated. Yaltdatton certification means that: (1) the records contained on. the validation listing have been revtewed by the originating agencies; (2) the records whtch are no longer current have been ren~ved from WACIC/NCIC and all records remaining in the system are valid and active; (3) all records contain all available Information; and (4) the Infor- mation contained tn each of the records is current and accurate, including appropriate extradition lnformatlon. T~ts certification letter must be returned to the CTA within 50 days from the date that the NCIC mailed the validations to the CTA. as indicated on the "REPLY REQUIRED" letter. If a CTA has not received a certification response from an agency within the specified period of time, the CTA will purge from WACIC/NCIC all records which are the subject of that agency's validation listings. (NOTE: If a CTA fails to certify any validation listing to the NCIC within the specified time, all unvalldated records from that state will be purged by the NCIC.) V. SECURITY RESPONSIBILITIES A. General Security guidelines relating to WASIS and NCIC III crtmlnal history record information are set forth in the NCIC CCH Program Background, Concept and Policy as superceded by the III program, in Title 28, Code of Federal Regulations, Part 20, Subparts A and C, and by state statute In 10.97 RCW, and Washington Administrative Code, Chapter 446-20. An agency participating in the ACC[SS system must assume responsibility for and enforce system security. g. Originating Agency Identifier (ORI) lhe assignment of an 0RI to an agency is not a guarantee of access to the systems. The ultimate decision regarding who may access WACIC/NCIC lies wlth the CIA. The CTO wll] coordinate the assignment of new ORI numbers, the change in OR] location or address, any other changes, cancellations, or retire- ments of ORI's accessing WACIC/NCIC. The agency shall notify the CTO of any such changes. Application for assignment of new ORI's shall be made dtrectly to the CTOo Such application shall contain documentation of the agency's statutory authority as a criminal Justice agency and a statement that indicates the agency allocates more than 50 percent of 1ts annual budget to the administration of crlmtnal Justice. Noncriminal justtce agenctes will be denied an OR! unless under management control of a crlmtnal justice agency. If the agency ts under the management con- tro] of a criminal justice agency, a copy of the management control agreement must be submitted to the CTO. ' VI. COMPUTERIZEO CRIMINAL HISTORY RECORO INFORMATION RESPONSIBILIIIES A. Each agency shall conform with system policy as established by the ACCESS/WACIC manuals before being permitted access to crtmlnal history record Information. This conformity wtll all ow for control over the data and give assurance of system security. B. The CIA is responsible for the security throughout the system betng serviced by that CTA, Including all places where terminal devices are located. Upon determination that a terminal is tn non- conformance wtth system management or securtty policy, the CTA shall cause that termtnal's access to WACIC/NCIC to be disabled. C. The rules and procedures governing dtrect terminal access to criminal history record information shall apply equally to all participants to the system. D. All criminal justice agencies having direct access to computerized CHRI data from the system shall permit an NCIC or WACIC audit team to conduct appropriate inquiries with regard to any allegations of security violations. Agencies must cooperate with these inquiries and resgond promptly. E. All computers and manual terminals interfaced directly with the ACCCESS/WACIC/NCIC systems for the exchange of criminal history record information must be under the management control of a criminal Justice agency as defined by the NCIC CCH background and policy document. Agencies must institute a program of systematic self-audits as a ~eans of guaranteeing the completeness and accuracy of information in the system. These self-audits should be on a continual basis to ensure both quality assurance and compliance with standards. Such compliance audits will cover the following areas in connection with both the il! and NACIC/NCIC stolen property and person records: Accuracy That any WA£1C/NCIC entry shall contain no erroneous data. Completeness That information contained in a W^CIC/NCIC entry or in a crtmtnal his- tory record to be disseminated is all the pertinent available infor- mation. Timeliness That entry, modification, update, and removal of information are completed as soon as possible after information is availabl~and that information is processed and transmitted in accordance with established standards. Locates That wanted/missing person and property records are promptly placed in "located" status by the apprehending/recovering agency, and that records are not located if outside stated area of extradition or return. Security The ability of an organization to protect its information against unauthorized access, ensuring confidentiality of the information in accordance with laws, policy, regulations, and established standards. Dissemination That all information released is in accordance with applicable laws and regulations and that a record of dissemination of criminal history records is maintained and available for review by WACIC/NCIC audit staff. In addition, agencies shall ensure that documentation is available to assist in the self-audit and state or national audit programs. VII. ADMINISTRATIVE RESPONSIBILITIES A. The agency shall cooperate, to the maximum extent possible, con- ststent with any fiscal, time, or personnel constraints, in the response to requests for information in the form of surveys, questionnaires, or similar methods, which may be provided by FBI NCIC or WACIC from time to time. 8. The CTO shall offer system training to agencies accessing ~ACIC/ NCIC through the state computer. Agencies shall assign appropriate employees to attend classes when offered. C. The CTO will distribute, withtn the state criminal justice community, the ACCESS/WACIC manuals, NC1C Code Manuals, and, as requested, miscellaneous publications in order to enhance effective use of the WACIC/NClC system. The agency shall incor- porate such changes upon receipt. ACKNOWLEDGEMENT As an agency head/director serving tn the ACCESS/WACIC/NCIC system, ! hereby acknowledge the duties and responsibilities as set out in this document as well as those documents incorporated by reference. I acknowledge that these duties and responsibilities have been developed and approved by ACCESS/WACIC/NCIC system users in order to ensure the reliability, confidentiality, completeness, and accuracy of all records contained in or obtained by ~ans of the WACIC/NCIC system. ! further acknowledge that a failure to comply with these duties and respon- sibilities will subject ~X agency to various sanctions. These sanctions may include the termination of ACCESS/WAC~C/NCIC se[vices I~o my agency. Agency Head Date '