Ohio Admin. Code 4501:2-10-01

Current through all regulations passed and filed through November 4, 2024

Section 4501:2-10-01 - Definitions

For purposes of this chapter:

(A) "Administration of criminal justice" means the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage, and dissemination of criminal history record information; and criminal justice employment. In addition, administration of criminal justice includes "crime prevention programs" to the extent access to criminal history record information is limited to law enforcement agencies for law enforcement programs (e.g. record checks of individuals who participate in "Neighborhood Watch" or "safe house" programs) and the result of such checks will not be disseminated outside the law enforcement agency.

(B) "Administrative message" means a criminal justice related point-to-point free form message.

(C) "Audit" means a formal, periodic examination of records to verify they are current, complete and accurate, and to verify adherence with LEADS and NCIC rules, policies, and regulations.

(D) "Bureau of Criminal Investigation (BCI)" is the agency which receives and files fingerprints, photographs and other information pertaining to both felony and misdemeanor arrests submitted by law enforcement agencies throughout the state.

(E) "Computerized criminal history (CCH)" means an electronic data processing file which is accessible using specific data fields. It contains records of arrests and dispositions of criminal proceedings entered into the system. The repository of these records is the responsibility of the bureau of criminal identification and investigation as specified in sections 109.57 and 109.60 of the Revised Code.

(F) "Agency administrator" means a person who manages and directs the affairs of a criminal justice office; i.e., police chief, sheriff, highway patrol post commander, administrative judge, FBI special agent-in-charge, chief probation/parole officer, director of intrastate regional system, prosecutor, chief park ranger, etc.

(G) "Criminal justice agency" means:

(1) Courts; and

(2) A governmental or non-governmental agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part (more than fifty per cent) of its annual budget to the administration of criminal justice.

(H) "CJIS systems agency (CSA)" means a duly authorized state, federal, international, tribal, or territorial criminal justice agency on the CJIS network providing statewide (or equivalent) service to its criminal justice users with respect to the CJI from various systems managed by the FBI CJIS division. The Ohio state highway patrol is the Ohio CSA.

(I) "CJIS systems officer (CSO)" means the individual located within the CJIS systems agency responsible for the administration of the CJIS network on behalf of the CJIS systems agency . For the state of Ohio, this person is appointed by the superintendent of the Ohio state highway patrol.

(J) "Criminal justice information (CJI)" is the abstract term used to refer to all of the LEADS provided data necessary for law enforcement agencies to perform their mission and enforce the laws, including but not limited to: biometric, identity history, person (includes driver's license photo, SSN, etc.), organization, property (when accompanied by any personally identifiable information), and case/incident history data. The following type of data are exempt from the protection levels required for CJI: transaction control type numbers (e.g. ORI, NIC, FNU, etc.) when not accompanied by information that reveals CJI or PII and BMV driving records.

(K) "Criminal justice information services division (CJIS)" is the FBI division responsible for the collection, warehousing, and timely dissemination of relevant CJI to the FBI and to qualified law enforcement, criminal justice, civilian, academic, employment and licensing agencies.

(L) "Dynamic Multipoint Virtual Private Network (DMVPN)" is a "Cisco Systems, Inc." solution for building scalable virtual private networks.

(M) "Interstate identification index (III)" means the CJIS service that manages automated submission and requests for criminal history record information that is warehoused subsequent to the submission of fingerprint information. Subsequent requests are directed to the originating state as needed.

(N) "Intrastate regional system" means a governmental computer system which serves as a cooperative between political subdivisions in a particular region for the purpose of providing a consolidated computerized information system for criminal justice agencies.

(O) "Organizational personnel with security responsibilities" means personnel with the responsibility to ensure the confidentiality, integrity, and availability of CJI and the implementation of technology in a manner compliant with the CJIS security policy.

(P) "Law enforcement automated data system (LEADS)" means the statewide computerized network which provides data and communications for criminal justice agencies within the state of Ohio. LEADS is administered by the Ohio state highway patrol superintendent.

(Q) "LEADS Mobile" is an application that provides web-based access to LEADS .

(R) "LEADS owned equipment" means any network connectivity equipment owned or leased by LEADS.

(S) "LEADS steering committee" is established to provide advice to the superintendent of the Ohio state highway patrol concerning the governing of LEADS.

(T) "Management control" of security requirements for information systems which process, store, or transmit criminal justice information means the criminal justice agency has the authority to set and enforce:

(1) Standards for the selection, supervision, and termination of access to criminal justice information;

(2) Policy governing the operation of networks, circuits, servers, storage, and computers used to access, store or transmit criminal justice information ; and

(3) The guaranteed priority of service.

(U) "Message" refers to any information communicated from terminal to terminal through the LEADS communication network.

(V) "National crime information center (NCIC)" is an information system which stores CJI which can be queried by apprpriate federal, state, and local law enforcement and other criminal justice agencies.

(W) "National Data Exchange (N-DEx)" means the FBI information sharing system that enables criminal justice agencies to search, link, analyze, and share local, state, tribal, and federal records. The N-DEx system contains criminal justice information obtained by agencies in connection with their official duties.

(X) "N-DEx agency coordinator (NAC)" means the designated person that serves as the point of contact at agencies with N-DEx access. The NAC administers agency access and oversees compliance with N-DEx policies.

(Y) "NLETS (International Justice and Public Safety Information Sharing Network)" means the computerized message switching and filing system linking local, state, federal, and international criminal justice agencies for information exchange. This system is operated as a cooperative of the states.

(Z) "Nonterminal agency" means a criminal justice agency qualifying for an originating agency identifier which has indirect access to LEADS.

(AA) "Nonterminal agency coordinator (NTAC)" means the designated person that serves as the point-of-contact at indirect access agencies for matters relating to LEADS. A NTAC administers LEADS systems programs within the local agency and oversees the agency's compliance with LEADS policies.

(BB) "Originating agency identifier (ORI)" means a unique, nine character identifier assigned by the CJIS division to an agency which has met the established criteria. The ORI provides the correct level of access to LEADS and CJIS and will identify the agency in transactions on the NCIC system.

(CC) "Practitioner" is any person authorized to receive CJI who is "not" a certified terminal operator.

(DD) "Terminal" means a workstation, mobile device, or intrastate regional device from which LEADS, NCIC or NLETS system may be directly accessed.

(EE) "Terminal agency" means a criminal justice agency qualifying for an originating agency identifier which has direct access to LEADS.

(FF) "Terminal agency coordinator (TAC)" means the designated person that serves as the point-of-contact at direct access agencies for matters relating to LEADS . A TAC administers LEADS systems programs within the local agency and oversees the agency's compliance with LEADS systems policies.

(GG) "Validation" means the act of reviewing records to ensure the accuracy, completeness and continued interest of the data therein.

Ohio Admin. Code 4501:2-10-01

Effective: 10/1/2024
Five Year Review (FYR) Dates: 6/27/2024 and 06/01/2029
Promulgated Under: 119.03
Statutory Authority: 5503.10
Rule Amplifies: 5503.10
Prior Effective Dates: 10/10/1991, 04/11/1994, 09/29/1994, 10/21/1995, 05/27/1996, 07/31/1998, 07/01/2001, 11/01/2003, 12/23/2004, 02/15/2008, 04/05/2013, 01/22/2015, 04/15/2017