In this subtitle the following words have the meanings indicated.
“Central Repository” means the Criminal Justice Information System Central Repository established under § 10–213 of this subtitle.
“Criminal history record information” means data that are developed or collected by a criminal justice unit about a person and that pertain to a reportable event.
“Criminal history record information” includes:
data from a unit that is required to report to the Central Repository under Title 3 of this article;
data about a person following waiver of jurisdiction by a juvenile court; and
data described under §§ 10–215(a)(20) and (21) and 10–216 of this subtitle.
“Criminal history record information” does not include:
data contained in intelligence or investigatory files or police work product records used only for police investigations;
except as provided in paragraph (2)(ii) and (iii) of this subsection, data about a proceeding under Title 3, Subtitle 8A of the Courts Article;
wanted posters, police blotter entries, court records of public judicial proceedings, or published court opinions;
data about a violation of:
a traffic law of this State or any other traffic law, ordinance, or regulation;
a local ordinance or a State or local regulation; or
the Natural Resources Article or a public local law;
data about the point system established by the Motor Vehicle Administration under Title 16 of the Transportation Article; or
a presentence investigation report or other report that a probation department prepares for a court to use in the exercise of criminal jurisdiction or for the Governor to use in the exercise of the Governor’s power to grant a pardon, reprieve, commutation, or nolle prosequi.
“Criminal justice information system” means equipment, facilities, procedures, agreements, and personnel that are used to collect, process, preserve, and disseminate criminal history record information.
“Criminal justice information system” includes computer hardware and software.
“Criminal justice unit” means a government unit or subunit that allocates a substantial part of its annual budget to any of the following functions and that by law:
may arrest, detain, prosecute, or adjudicate persons suspected of or charged with a crime;
is responsible for the custodial treatment or confinement under Title 3 of this article of persons charged or convicted of a crime or relieved of criminal punishment by reason of a verdict of not criminally responsible;
is responsible for the correctional supervision, rehabilitation, or release of persons convicted of a crime; or
is responsible for criminal identification activities and the collection, storage, and dissemination of criminal history record information.
“Criminal justice unit” includes, when exercising jurisdiction over criminal matters, alternative dispositions of criminal matters, or criminal history record information:
a State, county, or municipal police unit, sheriff’s office, or correctional facility;
a unit required to report to the Central Repository under § 3–107 or § 3–112 of this article;
the offices of the Attorney General, State’s Attorneys, and any other person or unit that by law may prosecute persons accused of a crime; and
the Administrative Office of the Courts, the Supreme Court of Maryland, the Appellate Court of Maryland, the circuit courts, the District Court of Maryland, and the offices of the clerks of these courts.
Except as provided in §§ 10–215(a)(20) and (21), 10–216(d), and 10–220 of this subtitle, “criminal justice unit” does not include:
the Department of Juvenile Services; or
a juvenile court.
“Disseminate”, with respect to records, means to transmit criminal history record information in any form.
“Disseminate” does not include:
transmitting criminal history record information within a criminal justice unit;
reporting criminal history record information as required under § 10–214 of this subtitle; or
transmitting criminal history record information between criminal justice units to allow the initiation of subsequent criminal justice proceedings against a person relating to the same crime.
“Reportable event” means an event specified or provided for in § 10–215 of this subtitle.
The General Assembly finds that there is a need:
to create a central repository for criminal history record information;
to require the reporting of accurate, relevant, and current criminal history record information to the Central Repository by all criminal justice units;
to ensure that criminal history record information is kept accurate and current; and
to prohibit the improper dissemination of criminal history record information.
The purpose of this subtitle is:
to create and maintain an accurate and efficient criminal justice information system in the State consistent with:
applicable federal law and regulations;
the need of criminal justice units in the State for accurate and current criminal history record information; and
the right of persons to be free from improper and unwarranted intrusions into their privacy; and
to provide a basic statutory framework within which the objectives of § 10-202 of this subtitle can be attained.
Notwithstanding any other provision of this subtitle, a person may not maintain or disseminate criminal history record information in a way inconsistent with Subtitle 1 of this title.
It is the intent of the General Assembly that the police department of the Johns Hopkins University, established in accordance with Title 24, Subtitle 12 of the Education Article, shall function as a criminal justice unit for the purposes of this subtitle.
There is a Criminal Justice Information System Central Repository in the Department.
The Secretary:
has administrative control of the Central Repository; and
shall operate the Central Repository.
The Central Repository is the official State repository for criminal history record information.
The Central Repository:
shall maintain and disseminate criminal history record information required under this subtitle; and
may maintain a repository of fingerprints, latent prints, palm prints, photographs, or other such identification submitted to the Central Repository as determined by the Secretary.
Each criminal justice unit shall report in accordance with this section the criminal history record information that it collects to the Central Repository.
Subject to subsection (c) of this section:
the data pertaining to an arrest or the issuance of an arrest warrant shall be reported within 72 hours after the earlier of the arrest or the issuance of the arrest warrant; and
the data pertaining to any other reportable event shall be reported within 60 days after the reportable event occurs.
The Secretary by regulation or the Supreme Court of Maryland by rule may reduce the time for reporting the criminal history record information specified in subsection (b) of this section.
The criminal history record information may be reported under subsection (b) of this section to the Central Repository:
directly by the criminal justice unit;
if the criminal history record information can be readily collected and reported through the court system, by the Administrative Office of the Courts; or
if the criminal history record information can be readily collected and reported through criminal justice units that are part of a geographically based information system, by those criminal justice units.
A criminal justice unit may maintain criminal history record information that is more detailed than required for reporting to the Central Repository.
A criminal justice unit may disseminate criminal history record information maintained under paragraph (1) of this subsection only in accordance with § 10–219 of this subtitle.
The following events are reportable events under this subtitle that must be reported to the Central Repository in accordance with § 10–214 of this subtitle:
the issuance or withdrawal of an arrest warrant;
an arrest;
the filing of a charging document;
a release pending trial or an appeal;
a commitment to an institution of pretrial detention;
the dismissal of an indictment or criminal information;
a nolle prosequi;
the marking of a charge “stet” on the docket;
an acquittal, conviction, verdict of not criminally responsible, or any other disposition of a case at or following trial, including a finding of probation before judgment;
the imposition of a sentence;
a commitment to a State correctional facility or local correctional facility;
a commitment to the Maryland Department of Health under § 3–105 or § 3–111 of this article as incompetent to stand trial or not criminally responsible;
a release from detention or confinement;
a conditional release, revocation of conditional release, or discharge of a person committed to the Maryland Department of Health under § 3–105 or § 3–111 of this article as incompetent to stand trial or not criminally responsible;
an escape from confinement or commitment;
a pardon, reprieve, commutation of a sentence, or other change in a sentence, including a change in a sentence that a court orders;
an entry of an appeal to an appellate court;
a judgment of an appellate court;
an order of a court in a collateral proceeding that affects a person’s conviction, sentence, or confinement;
an adjudication of a child as delinquent:
if the child is at least 14 years old, for an act described in § 3–8A–03(d)(1) of the Courts Article; or
if the child is at least 16 years old, for an act described in § 3–8A–03(d)(4) or (5) of the Courts Article;
the issuance or withdrawal of a writ of attachment by a juvenile court;
the initial registration of a person under Title 11, Subtitle 7 of this article;
the imposition of lifetime sexual offender supervision under Title 11, Subtitle 7 of this article;
a finding that a defendant has been convicted of or received a probation before judgment disposition for a domestically related crime under § 6–233 of this article; and
any other event arising out of or occurring during the course of a criminal proceeding that the Secretary by regulation or the Supreme Court of Maryland by rule makes a reportable event.
To avoid duplication in the reporting of criminal history record information, the Secretary by regulation and the Supreme Court of Maryland by rule may determine those reportable events described under subsection (a) of this section to be reported by each criminal justice unit to the Central Repository.
In this section, “law enforcement unit” means:
a State, county, or municipal police unit; or
a sheriff’s office.
If a defendant was not fingerprinted at the time of arrest for the sentenced crime, the sentencing judge shall order the defendant to be fingerprinted by the appropriate and available law enforcement unit when the defendant:
is found guilty or pleads guilty or nolo contendere to a crime that is reportable as criminal history record information under this subtitle; and
is sentenced to commitment in a local correctional facility or receives a suspended sentence, probation, probation before judgment under § 6-220 of this article, or a fine.
If the defendant cannot be fingerprinted at the time of sentencing, the sentencing judge shall order the defendant to report to a designated law enforcement unit to be fingerprinted within 3 days after the date of the sentencing.
If a defendant fails to report to the designated law enforcement unit as ordered under subsection (b)(2) of this section, the defendant is in contempt of court.
This subsection only applies to an adjudication of delinquency of a child:
for an act described in § 3–8A–03(d)(1) of the Courts Article if the child is at least 14 years old; or
for an act described in § 3–8A–03(d)(4) or (5) of the Courts Article if the child is at least 16 years old.
If a child has not been previously fingerprinted as a result of arrest for the delinquent act, the court that held the disposition hearing of the child adjudicated delinquent shall order the child to be fingerprinted by the appropriate and available law enforcement unit.
If the child cannot be fingerprinted at the time of the disposition hearing held under paragraph (2) of this subsection, the court shall order the child to report to a designated law enforcement unit to be fingerprinted within 3 days after making a disposition on an adjudication of delinquency.
The Secretary and the Chief Justice of the Supreme Court of Maryland shall develop agreements between the Central Repository and each criminal justice unit.
The agreements required by this section shall include provisions on:
the method the criminal justice unit will use to report criminal history record information, including a method of identifying an offender in a way that allows other criminal justice units to locate the offender at any stage in the criminal justice system, the time of reporting, the specific data to be reported, and the place of reporting;
the services the Central Repository is to provide to the criminal justice unit;
the conditions and limitations on dissemination of criminal history record information by the criminal justice unit;
the maintenance of security in all transactions between the Central Repository and the criminal justice unit;
the method of complying with the right of a person to inspect, challenge, and correct criminal history record information that the criminal justice unit keeps;
the audit requirements to be used to ensure the accuracy of criminal history record information reported or disseminated;
the timetable to carry out the agreement;
the penalties to be imposed if a criminal justice unit fails to comply with this subtitle, including the revocation of the agreement between the unit and the Central Repository and appropriate judicial or administrative proceedings to enforce compliance; and
any other matter that the Secretary and the Chief Justice of the Supreme Court of Maryland consider necessary.
The Secretary and the Chief Justice of the Supreme Court of Maryland may develop procedures consistent with this subtitle to share criminal history record information with federal criminal justice units and criminal justice units of other states and countries.
Except in accordance with applicable federal law and regulations, a criminal justice unit and the Central Repository may not disseminate criminal history record information.
The Central Repository shall disseminate on a monthly basis information concerning a child charged as an adult to the Maryland Justice Analysis Center of the Institute of Criminal Justice and Criminology of the University of Maryland.
In addition to any reportable event, as defined in § 10-215 of this subtitle, the Central Repository shall include in its dissemination of information to the Maryland Justice Analysis Center the age, race, and gender of the child.
The Central Repository may disseminate to the Maryland Justice Analysis Center unique identifiers relating to the child, including the name of the child, fingerprint identification numbers, and record or file numbers.
The information disseminated to the Maryland Justice Analysis Center in accordance with this subsection shall be used only for the purposes of research, evaluation, and statistical analysis.
Except as otherwise required under State law, the Maryland Justice Analysis Center may not disseminate criminal history record information received from the Central Repository.
By June 30 and December 31 of each year, the Maryland Justice Analysis Center shall report to the Governor, and, subject to § 2-1257 of the State Government Article, the General Assembly, on the results of its research, evaluation, and statistical analysis.
Except as provided in subsections (b) and (c) of this section, notwithstanding any other provision of this subtitle, a criminal justice unit and the Central Repository may not maintain or disseminate criminal history record information in a way that is inconsistent with § 3-8A-27 of the Courts Article.
Notwithstanding § 3-8A-27(a) of the Courts Article, criminal history record information on a child and a record of the fingerprinting of a child required under § 10-216(d) of this subtitle need not be maintained separate from such records on adults.
For juveniles arrested and brought to the Baltimore City Juvenile Justice Center for intake processing, identification, and assessment, the Department of Juvenile Services may:
submit fingerprints to the Criminal Justice Information System Central Repository; and
obtain juvenile data described under § 9–229 of the Human Services Article.
To carry out this subtitle and to establish, operate, and maintain the criminal justice information system:
the Secretary shall adopt regulations consistent with this subtitle for:
units in the Executive Branch of government; and
criminal justice units that are not in the Judicial Branch of government; and
the Supreme Court of Maryland and the Chief Justice of the Supreme Court of Maryland under Article IV, § 18 of the Maryland Constitution shall adopt rules consistent with this subtitle for the Judicial Branch of government.
Subject to Title 3.5, Subtitle 3 of the State Finance and Procurement Article, the regulations adopted by the Secretary under subsection (a)(1) of this section and the rules adopted by the Supreme Court of Maryland under subsection (a)(2) of this section shall:
regulate the collection, reporting, and dissemination of criminal history record information by a court and criminal justice units;
ensure the security of the criminal justice information system and criminal history record information reported to and collected from it;
regulate the dissemination of criminal history record information in accordance with Subtitle 1 of this title and this subtitle;
regulate the procedures for inspecting and challenging criminal history record information;
regulate the auditing of criminal justice units to ensure that criminal history record information is:
accurate and complete; and
collected, reported, and disseminated in accordance with Subtitle 1 of this title and this subtitle;
regulate the development and content of agreements between the Central Repository and criminal justice units and noncriminal justice units; and
regulate the development of a fee schedule and provide for the collection of the fees for obtaining criminal history record information for other than criminal justice purposes.
Subject to § 10-226 of this subtitle, a person or a person’s attorney having satisfactory identification and written authorization from the person may inspect criminal history record information on the person that is maintained by a criminal justice unit.
A person with the right to inspect criminal history record information under this section may make notes of the information.
This section does not:
require a criminal justice unit to copy any criminal history record information; or
allow a person to remove a document for copying.
A person who has inspected the person’s own criminal history record information may challenge the completeness, contents, accuracy, or dissemination of the information.
A person challenging criminal history record information under subsection (a) of this section shall give written notice of the challenge to the Central Repository and, if the inspection was not at the Central Repository, to the criminal justice unit where the person inspected the information.
The notice under subsection (b) of this section shall:
state:
the part of the criminal history record information being challenged;
the reason for the challenge; and
the change requested to correct or complete the criminal history record information or its dissemination;
include any available certified documentation or other evidence supporting the challenge; and
contain a sworn statement, under penalty of perjury, that the information in or supporting the challenge is accurate and the challenge is made in good faith.
After receiving the notice under subsection (b) of this section, the Central Repository shall audit that part of the criminal history record information that is necessary to determine the validity of the challenge.
As part of the audit, the Central Repository may require the criminal justice unit that was the source of the challenged criminal history record information to verify the information.
Within 90 days after receiving notice of the challenge, the Central Repository shall notify the person challenging the criminal history record information in writing of the audit results and its decision.
If the challenge is denied as a whole or in part, the notice required under subsection (e) of this section shall inform the person of the right to appeal the decision.
If the challenge is denied as a whole or in part, the Central Repository shall send written notice of this decision to each criminal justice unit that was sent a copy of the challenge.
If a challenge of criminal history record information under § 10-223 of this subtitle is determined as a whole or in part to be valid, the Central Repository shall:
correct its records; and
give notice of the correction to each criminal justice unit that has custody of the incomplete or inaccurate criminal history record information or any part of that information.
A criminal justice unit notified under subsection (a) of this section shall:
correct its records; and
certify to the Central Repository that the correction was made.
A criminal justice unit required by subsection (b) of this section to correct criminal history record information shall give written notice of the correction to each unit or person to which the criminal justice unit had disseminated the information before the correction.
The unit or person that receives the notice of correction under paragraph (1) of this subsection promptly shall correct its records and certify to the disseminating criminal justice unit that the correction was made.
This section applies only to criminal history record information recorded before July 1, 1976.
Subject to subsection (c) of this section, a person has a right to inspect and challenge criminal history record information in accordance with this subtitle.
On request by a person to inspect criminal history record information, a criminal justice unit:
shall make a reasonable search for the information; but
need not provide for the inspection of information that is not found after a reasonable search.
A person may not inspect or challenge criminal history record information under this subtitle if any of the criminal history record information is relevant to a pending criminal proceeding.
This section does not affect a person’s right of inspection or discovery allowed under the Maryland Rules or under any statute, rule, or regulation not a part of or adopted under this subtitle.
A person aggrieved by a decision of a criminal justice unit concerning the inspection of or a challenge to criminal history record information under this subtitle may file an administrative appeal of the decision in accordance with regulations adopted by the Secretary and rules adopted by the Supreme Court of Maryland under subsection (b) of this section.
The Secretary by regulation and the Supreme Court of Maryland by rule shall adopt appropriate procedures for administrative appeals from a decision by a criminal justice unit to deny a person the right to inspect or challenge criminal history record information.
The rules and regulations adopted under subsection (b) of this section shall include provisions for:
the forms, way, and time for filing an appeal;
the official or panel that will hear the appeal;
hearing and making a decision on the appeal; and
carrying out the decision on the appeal.
A person, the Central Repository, or a criminal justice unit that is aggrieved by a decision on an administrative appeal may seek judicial review of the decision in accordance with Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act – Contested Cases) and the Maryland Rules.
An employer or prospective employer may not require a person to inspect or challenge any criminal history record information relating to that person for the purpose of obtaining a copy of the person’s record to qualify for employment.
A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 6 months or both for each violation.
A State Record of Arrest and Prosecution (“RAP” sheet) that is accessible by judicial officers for purposes of making pretrial release determinations shall prominently indicate, if applicable, that the individual who is the subject of the report is:
a registered sex offender; or
subject to a term of lifetime sexual offender supervision under Title 11, Subtitle 7 of this article.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The Personnel Officer of Anne Arundel County may request from the Central Repository a State and national criminal history records check for a prospective or current employee or volunteer of Anne Arundel County.
As part of the application for a criminal history records check, the Personnel Officer of Anne Arundel County shall submit to the Central Repository:
two complete sets of the prospective or current employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–250 of this subtitle, the Central Repository shall forward to the prospective or current employee or volunteer and the Personnel Officer of Anne Arundel County the prospective or current employee’s or volunteer’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for a personnel–related purpose concerning a prospective or current employee or volunteer of the county as authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The Anne Arundel County Council shall adopt guidelines to carry out this section.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The County Administrative Officer of Baltimore County or a designee of the County Administrative Officer, which shall be the Director of Human Resources or the Director’s designee, may request from the Central Repository a State and national criminal history records check for a prospective employee or volunteer of Baltimore County.
As part of the application for a criminal history records check, the County Administrative Officer of Baltimore County or the designee of the officer shall submit to the Central Repository:
two complete sets of the prospective employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with this subtitle, the Central Repository shall forward to the prospective employee or volunteer and the County Administrative Officer of Baltimore County or the designee of the officer the prospective employee’s or volunteer’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for a personnel–related purpose concerning a prospective employee or volunteer of the county as authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The governing body of Baltimore County shall adopt guidelines to carry out this section.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The Director of Human Resources of Caroline County may request from the Central Repository a State and national criminal history records check for a prospective employee or volunteer of Caroline County.
As part of the application for a criminal history records check, the Director of Human Resources for Caroline County shall submit to the Central Repository:
two complete sets of the prospective employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–250 of this subtitle, the Central Repository shall forward to the prospective employee or volunteer and the Director of Human Resources of Caroline County the prospective employee’s or volunteer’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for a personnel–related purpose concerning a prospective employee or volunteer for the county as authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The governing body of Caroline County shall adopt guidelines to carry out this section.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The Department of Human Resources of Carroll County may request from the Central Repository a State and national criminal history records check for a prospective employee or volunteer of Carroll County.
As part of the application for a criminal history records check, the Department of Human Resources of Carroll County shall submit to the Central Repository:
two complete sets of the prospective employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with this subtitle, the Central Repository shall forward to the prospective employee or volunteer and the Department of Human Resources of Carroll County the prospective employee’s or volunteer’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for a personnel–related purpose concerning a prospective employee or volunteer for the county as authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The governing body of Carroll County shall adopt guidelines to carry out this section.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The Director of Human Resources of Dorchester County may request from the Central Repository a State and national criminal history records check for a prospective employee or volunteer of Dorchester County.
As part of the application for a criminal history records check, the Director of Human Resources of Dorchester County shall submit to the Central Repository:
two complete sets of the prospective employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–250 of this subtitle, the Central Repository shall forward to the prospective employee or volunteer and the Director of Human Resources the prospective employee’s or volunteer’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for a personnel–related purpose concerning a prospective employee or volunteer of the county as authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The governing body of Dorchester County shall adopt guidelines to carry out this section.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The Director of Human Resources of Frederick County may request from the Central Repository a State and national criminal history records check for a prospective or current employee or volunteer of Frederick County.
As part of the application for a criminal history records check, the Director of Human Resources of Frederick County shall submit to the Central Repository:
two complete sets of the prospective or current employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–250 of this subtitle, the Central Repository shall forward to the prospective or current employee or volunteer and the Director of Human Resources of Frederick County the prospective or current employee’s or volunteer’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for a personnel–related purpose concerning the prospective or current employee or volunteer of the county as authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The governing body of Frederick County shall adopt guidelines to carry out this section.
The County Administrator of Howard County shall apply to the Central Repository for a State and national criminal history records check for each prospective employee of Howard County.
As part of the application for a criminal history records check, the Administrator of Howard County shall submit to the Central Repository:
two complete sets of the prospective employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with this subtitle, the Central Repository shall forward to the prospective employee and the Administrator of Howard County the prospective employee’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be disseminated; and
shall be used only for the employment purpose authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided under § 10–223 of this subtitle.
In this section the following words have the meanings indicated.
“Massage establishment license”:
means a certificate, license, permit, or similar document that would allow a person to own, operate, or manage a massage establishment in Howard County; and
includes any renewal of a document described in item (i) of this paragraph.
“Pawnbroker or secondhand dealer establishment license”:
means a certificate, license, permit, or similar document that would allow a person to own, operate, or manage a pawnbroker or secondhand dealer establishment in Howard County; and
includes any renewal of a document described in item (i) of this paragraph.
“Taxicab license”:
means a certificate, license, permit, or similar document that would allow a person to own, operate, or drive a taxicab in Howard County; and
includes any renewal of a document described in item (i) of this paragraph.
This section does not apply to an applicant that:
is a licensed massage therapist or registered massage practitioner under Title 6 of the Health Occupations Article; and
is the owner, manager, or operator of a sole proprietorship or other massage therapy establishment in which each massage therapist is a licensed massage therapist or registered massage practitioner.
The Howard County Department of Inspections, Licenses and Permits may request from the Central Repository a State and national criminal history records check on an applicant for:
a massage establishment license;
a pawnbroker or secondhand dealer establishment license; or
a taxicab license.
As part of the application for a criminal history records check, the Howard County Department of Inspections, Licenses and Permits shall submit to the Central Repository:
two complete sets of the applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with this subtitle, the Central Repository shall forward to the applicant and the Howard County Department of Inspections, Licenses and Permits the applicant’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be disseminated; and
may be used only for a license–related purpose concerning an applicant for a massage establishment license, a pawnbroker or secondhand dealer establishment license, or a taxicab license as authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided under § 10–223 of this subtitle.
The governing body of Howard County may adopt guidelines to carry out this section.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The Director of Human Resources of Kent County may request from the Central Repository a State and national criminal history records check for a prospective employee or volunteer of Kent County.
As part of the application for a criminal history records check, the Director of Human Resources of Kent County shall submit to the Central Repository:
two complete sets of the prospective employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–250 of this subtitle, the Central Repository shall forward to the prospective employee or volunteer and the Director of Human Resources of Kent County the prospective employee’s or volunteer’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for a personnel–related purpose concerning a prospective employee or volunteer for the county as authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The governing body of Kent County shall adopt guidelines to carry out this section.
In this section, “taxicab license”:
means a license or similar document that would allow a person to drive a taxicab in Montgomery County; and
includes any renewal of a license as described in item (1) of this subsection.
In accordance with this subtitle, Montgomery County may request a criminal history records check from the Central Repository or through the Department from the Federal Bureau of Investigation on an applicant for a taxicab license or licensee seeking a renewal of a taxicab license.
Montgomery County shall pay to the Department the fee and administrative cost that the Department imposes for each request made under subsection (b) of this section.
If the request for a criminal history records check under subsection (b) of this section includes a request for criminal history record information from the Federal Bureau of Investigation, the applicant for a taxicab license or renewal of a taxicab license shall submit to the Department a complete set of legible fingerprints on standard fingerprint cards.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The Chief Administrative Officer of Prince George’s County may request with reference to a prospective employee of Prince George’s County a State and national criminal history records check from the Central Repository.
As part of the application for a criminal history records check, the Chief Administrative Officer of Prince George’s County shall submit to the Central Repository:
two complete sets of the prospective employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–234 of this subtitle, the Central Repository shall forward to the prospective employee and the Chief Administrative Officer of Prince George’s County the prospective employee’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for the employment purpose authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The County Executive of Prince George’s County shall propose and the County Council of Prince George’s County shall adopt guidelines to carry out this section.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The Director of Administrative Services of Talbot County may request from the Central Repository a State and national criminal history records check for a prospective employee or volunteer of Talbot County.
As part of the application for a criminal history records check, the Director of Administrative Services shall submit to the Central Repository:
two complete sets of the prospective employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–250 of this subtitle, the Central Repository shall forward to the prospective employee or volunteer and the Director of Administrative Services of Talbot County the prospective employee’s or volunteer’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for a personnel–related purpose concerning a prospective employee of or volunteer for the county as authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The governing body of Talbot County shall adopt guidelines to carry out this section.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The County Administrator in Washington County may request with reference to a prospective employee of Washington County:
a State and national criminal history records check from the Central Repository; or
a background investigation from an independent private investigation agency.
As part of the application for a criminal history records check, the County Administrator of Washington County shall submit to the Central Repository:
two complete sets of the prospective employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–234 of this subtitle, the Central Repository shall forward to the prospective employee and the County Administrator of Washington County the prospective employee’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for the employment purpose authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The County Administrator of Washington County shall pay to the independent private investigation agency the fee that is imposed for each request made under subsection (b) of this section.
The County Commissioners of Washington County may adopt regulations, guidelines, and policies to carry out this section.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The Director of Administration of Wicomico County may request from the Central Repository a State and national criminal history records check for a prospective or current employee of Wicomico County.
As part of the application for a criminal history records check, the Director of Administration shall submit to the Central Repository:
two complete sets of the prospective or current employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with this subtitle, the Central Repository shall forward to the prospective or current employee and the Director of Administration the prospective or current employee’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for the employment purpose authorized by this section.
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The County Executive of Wicomico County shall propose and the County Council of Wicomico County shall adopt guidelines to carry out this section.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The City of Frederick Police Department may request from the Central Repository State and national criminal history records checks for each taxi driver applicant in the City of Frederick.
As part of the application for a criminal history records check, the City of Frederick Police Department shall submit to the Central Repository:
two complete sets of the taxi driver applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–234 of this subtitle, the Central Repository shall forward to the taxi driver applicant and the City of Frederick Police Department the taxi driver applicant’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for the employment purpose authorized by this section.
A taxi driver applicant who is the subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
The Ocean City Police Department may request from the Central Repository State and national criminal history records checks for each taxi driver applicant in Ocean City.
As part of the application for a criminal history records check, the Ocean City Police Department shall submit to the Central Repository:
two complete sets of the taxi driver applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–234 of this subtitle, the Central Repository shall forward to the taxi driver applicant and the Ocean City Police Department the taxi driver applicant’s criminal history record information.
Information obtained from the Central Repository under this section:
is confidential and may not be redisseminated; and
may be used only for the employment purpose authorized by this section.
A taxi driver applicant who is the subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
The National Crime Prevention and Privacy Compact is hereby entered into and enacted with any and all of the states and the federal government legally joining the Compact in the form substantially as follows.
This Compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment.
Under this Compact, the FBI and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the federal government and to party states for authorized purposes. The FBI shall also manage the federal data facilities that provide a significant part of the infrastructure for the system.
In this part the following words have the meanings indicated.
“Attorney General” means the Attorney General of the United States.
“Compact officer” means:
with respect to the federal government, an official so designated by the Director of the FBI; and
with respect to a party state, the chief administrator of the state’s criminal history records repository or a designee of the chief administrator who is a regular full–time employee of the repository.
“Council” means the Compact Council established under Section 10–244 of this subtitle.
“Criminal history records”:
means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and
does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.
“Criminal history records repository” means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized record keeping functions for criminal history records and services in the state.
“Criminal justice” includes activities relating to the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.
“Criminal justice agency”:
means:
courts; and
a governmental agency or any subunit thereof that:
performs the administration of criminal justice pursuant to a statute or executive order; and
allocates a substantial part of its annual budget to the administration of criminal justice; and
includes federal and state inspectors general offices.
“Criminal justice services” means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.
“Criterion offense” means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.
“Direct access” means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.
“Executive order” means an order of the President of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law.
“FBI” means the Federal Bureau of Investigation.
“Interstate Identification Index System” or “III System”:
means the cooperative federal–state system for the exchange of criminal history records; and
includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI.
“National Fingerprint File” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.
“National Identification Index” means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.
“National indices” means the National Identification Index and the National Fingerprint File.
“Nonparty state” means a state that has not ratified this Compact.
“Noncriminal justice purposes” means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.
“Party state” means a state that has ratified this Compact.
“Positive identification” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects’ names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.
“Sealed record information” means:
with respect to adults, that portion of a record that is:
not available for criminal justice uses;
not supported by fingerprints or other accepted means of positive identification; or
subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and
with respect to juveniles, whatever each state determines is a sealed record under its own law and procedure.
“State” means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
The purposes of this Compact are to:
provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;
require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Section 10-244 of this subtitle;
require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history records repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Section 10-244 of this subtitle;
provide for the establishment of a council to monitor III System operations and to prescribe System rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and
require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, System security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.
The Director of the FBI shall:
appoint an FBI Compact officer who shall:
administer this Compact within the Department of Justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Section 10-243(c) of this subtitle;
ensure that Compact provisions and rules, procedures, and standards prescribed by the Council under Section 10-244 of this subtitle are complied with by the Department of Justice and the federal agencies and other agencies and organizations referred to in item (i) of this item; and
regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies;
provide to federal agencies and to state criminal history records repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Section 10-242 of this subtitle including:
information from nonparty states; and
information from party states that is available from the FBI through the III System, but is not available from the party state through the III System;
provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in subsection (b)(4) of this section, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and
modify or enter into user agreements with nonparty state criminal history records repositories to require them to establish record request procedures conforming to those prescribed in Section 10-243 of this subtitle.
Each party state shall:
appoint a Compact officer who shall:
administer this Compact within that state;
ensure that Compact provisions and rules, procedures, and standards established by the Council under Section 10-244 of this subtitle are complied with in the state; and
regulate the in-state use of records received by means of the III System from the FBI or from other party states;
establish and maintain a criminal history records repository, which shall provide:
information and records for the National Identification Index and the National Fingerprint File; and
the state’s III System-indexed criminal history records for noncriminal justice purposes described in Section 10-242 of this subtitle;
participate in the National Fingerprint File; and
provide and maintain telecommunications links and related equipment necessary to support the services set forth in this Compact.
In carrying out their responsibilities under this Compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, System security, accuracy, privacy protection, and other aspects of III System operation.
Use of the III System for noncriminal justice purposes authorized in this Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.
Administration of Compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.
To the extent authorized by Section 552A of Title 5, (commonly known as the “Privacy Act of 1974”), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history records repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General and that authorizes national indices checks.
The FBI, to the extent authorized by Section 552A of Title 5, (commonly known as the “Privacy Act of 1974”), and state criminal history records repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General, that authorizes national indices checks.
Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the Council under Section 10-244 of this subtitle, which procedures shall protect the accuracy and privacy of the records, and shall:
ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;
require that subsequent record checks are requested to obtain current information whenever a new need arises; and
ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.
Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history records checks for noncriminal justice purposes.
Each request for a criminal history records check utilizing the national indices made under any approved state statute shall be submitted through that state’s criminal history records repository. A state criminal history records repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history records repository or the FBI.
Each request for a criminal history records check utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history records repository consents to process fingerprint submissions, through the criminal history records repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes.
A state criminal history records repository or the FBI:
may charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and
may not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.
If a state criminal history records repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.
If, with respect to a request forwarded by a state criminal history records repository under paragraph (1) of this subsection, the FBI positively identifies the subject as having a III System-indexed record or records:
the FBI shall so advise the state criminal history records repository; and
the state criminal history records repository shall be entitled to obtain the additional criminal history records information from the FBI or other state criminal history records repositories.
There is established a Council to be known as the “Compact Council”, which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.
The Council shall:
continue in existence as long as this Compact remains in effect;
be located, for administrative purposes, within the FBI; and
be organized and hold its first meeting as soon as practicable after the effective date of this Compact.
The Council shall be composed of 15 members, each of whom shall be appointed by the Attorney General, as follows:
nine members, each of whom shall serve a two-year term, who shall be selected from among the Compact officers of party states based on the recommendation of the Compact officers of all party states, except that, in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history records repositories of nonparty states shall be eligible to serve on an interim basis.
two at-large members, nominated by the Director of the FBI, each of whom shall serve a three-year term, of whom:
one shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and
one shall be a representative of the noncriminal justice agencies of the federal government.
two at-large members, nominated by the chairman of the Council, once the chairman is elected pursuant to this section, each of whom shall serve a three-year term, of whom:
one shall be a representative of state or local criminal justice agencies; and
one shall be a representative of state or local noncriminal justice agencies.
one member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI’s Advisory Policy Board on Criminal Justice Information Services, nominated by the membership of that policy board.
one member, nominated by the Director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI.
From its membership, the Council shall elect a chairman and a vice chairman of the Council, respectively. Both the chairman and vice chairman of the Council:
shall be a Compact officer, unless there is no Compact officer on the Council who is willing to serve, in which case the chairman may be an at-large member; and
shall serve a two-year term and may be reelected to only one additional two-year term.
The vice chairman of the Council shall serve as the chairman of the Council in the absence of the chairman.
The Council shall meet at least once each year at the call of the chairman. Each meeting of the Council shall be open to the public. The Council shall provide prior public notice in the Federal Register of each meeting of the Council, including the matters to be addressed at such meeting.
A majority of the Council or any committee of the Council shall constitute a quorum of the Council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.
The Council shall make available for public inspection and copying at the Council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the Council.
The Council may request from the FBI such reports, studies, statistics, or other information or materials as the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.
The chairman may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.
This Compact shall take effect upon being entered into by two or more states as between those states and the federal government. Upon subsequent entering into this Compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it.
When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.
Administration of this Compact shall not interfere with the management and control of the Director of the FBI over the FBI’s collection and dissemination of criminal history records and the advisory function of the FBI’s Advisory Policy Board (APB) chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.
Nothing in this Compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.
Nothing in this Compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history records repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under Section 10-244 of this subtitle, regarding the use and dissemination of criminal history records and information.
This Compact shall bind each party state until renounced by the party state.
Any renunciation of this Compact by a party state shall:
be effected in the same manner by which the party state ratified this Compact; and
become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.
The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any party state, all other portions of this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.
The Council shall:
have initial authority to make determinations with respect to any dispute regarding:
interpretation of this Compact;
any rule or standard established by the Council pursuant to Section 10-244 of this subtitle; and
any dispute or controversy between any parties to this Compact; and
hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. Such decision shall be published pursuant to the requirements of Section 10-244(e) of this subtitle.
The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain System policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the Council holds a hearing on such matters.
The FBI or a party state may appeal any decision of the Council to the Attorney General, and thereafter may file suit in the appropriate District Court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a state court shall be removed to the appropriate District Court of the United States in the manner provided by Section 1446 of Title 28, or other statutory authority.
The Secretary of the Department of Public Safety and Correctional Services shall designate a Compact officer in accordance with Section 10-239 of this subtitle.