Mont. Admin. r. 23.12.102

Current through Register Vol. 23, December 6, 2024

Rule 23.12.102 - DEFINITIONS

Unless the context requires otherwise, the following definitions apply to ARM 23.12.102 through 23.12.106:

(1) "Arresting agency" means the law enforcement entity that initiates the restraint of or notification to an individual charged with a criminal offense.

(2) "Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

(3) "Criminal case history and final disposition report" means a form used by arresting and judicial agencies and the department which contains necessary information to record the criminal proceedings and disposition subsequent to an arrest.

(4) "Criminal justice information network (CJIN)" means a telecommunications network used exclusively for the purpose of information exchange among the state's law enforcement agencies.

(5) "Custodial agency" means the law enforcement entity that maintains physical custody of an individual charged with a criminal offense.

(6) "Custodial arrest" means physical detention or confinement for a criminal offense in a jail or holding facility for a criminal offense.

(7) "Department" means the Department of Justice.

(8) "FBI fingerprint card" means the card provided by the Federal Bureau of Investigation for recording of criminal justice fingerprints, identified as federal form number FD-249.

(9) "Inmate status" means when an individual sentenced to the Department of Corrections is on parole, work release, completes a sentence, is transferred to a half-way house, is on furlough, is transferred to another facility, is deceased, is issued a travel permit, or is discharged.

(10) "Montana arrest numbering system (MANS) number" means a computer generated number obtained through the criminal justice information network (CJIN). The arrest number provides a means to track each custodial or felony arrest and tie the arrest to an individual as the case is processed through the criminal justice system. This number is a permanent identifier of the arrest and has no relationship to the number of charges.

(11) "Originating case agency (OCA) number" means a number not exceeding 12 characters that the arresting agency assigns to an individual following the individual's custodial or felony arrest.

(12) "Originating identifier (ORI) number" means a nine character identification number assigned by the Federal Bureau of Investigation to a criminal justice agency. This number is uniquely assigned to the agency and is used as an identifier when transferring or receiving messages through the CJIN network.

(13) "Qualified entity" means a business or organization, whether public, private, operated for profit, operated not for profit, or voluntary, which provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.

(14) "Statute code charge" means the offense or offenses the individual has been charged with, whether a felony or misdemeanor, followed by a brief description of the crime.

(15) "State identification (SID) number" means a number assigned by the department to an individual following the individual's first custodial or felony arrest. The number remains uniquely assigned to an individual regardless of subsequent arrests.

Mont. Admin. r. 23.12.102

NEW, 1993 MAR p. 556, Eff. 4/16/93; TRANS, 2008 MAR p. 1803; AMD, 2024 MAR p. 135, Eff. 1/27/2024

AUTH: 44-5-105, MCA; IMP: 44-5-213, MCA