S.C. Code Regs. § § 73-20
Current through Register Vol. 48, No. 11, November 22, 2024
Section 73-20 - DefinitionsThese definitions shall have the following meaning when used in the discussion of criminal history record information (CHRI) and computerized criminal history (CCH) unless the context denotes otherwise:
A. "Administration of Criminal Justice" means the performance of any activity directly involving the detection, apprehension, detention pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused or convicted persons or criminal offenders, or the collection, storage, and dissemination of criminal history record information.B. "Criminal Justice Agency" means any governmental agency or sub-unit which as its principal function performs the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice.C. "Criminal History Record Information" (CHRI) means records, fingerprint cards, dispositions, and data collected by criminal justice agencies on adult individuals who are at least seventeen years of age consisting of identifiable descriptors and notations of arrests, detentions, indictments, information, or other formal charges, and any dispositions arising therefrom. The term shall not include juvenile record information, except as provided by law.D. "Criminal Justice Information System" (CJIS) means a system, including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal history record information. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.E. "Dissemination" means any transfer of information, whether orally, in writing, or by electronic means.F. "Conviction data" means information which shows that an individual has been convicted or found guilty of a crime.G. "Nonconviction data" means information which shows judicial dispositions to include not guilty, nolle prosequi, dismissals and similar findings.H. "Nondisposition data" means arrest information without judicial disposition.I. "Access" means the capability to add, delete, modify or otherwise manipulate information, or to cause such data to be transferred or stored either temporarily or permanently. This would apply to information maintained in either manual or automated form.J. "Screening" means the process wherein an individual's background is reviewed with special emphasis being placed on determining whether there exists any criminal history record information on that individual. Screening will include the securing of an individual's fingerprints on the standard FBI fingerprint card, and the submission of this fingerprint card to the South Carolina Law Enforcement Division's Criminal Records Department for further processing.K. "Direct Access" means the capability to obtain information available through the SLED/CJIS network by means of a computer terminal or similar device, and the dissemination of such information.L. "Indirect Access" means receiving information available through the SLED/CJIS network by either an individual or agency possessing no computer terminal or similar device through an agency having direct access.M. "User Agreement" means an agreement, entitled "Criminal History and Criminal Justice Information Agreement", between the South Carolina Law Enforcement Division and a SLED/CJIS user agency that will have direct access to various SLED/CJIS information. This agreement establishes responsibilities for the rules and regulations that govern the exchange of information between the parties, and the policies and procedures by which the system operates.N. "Non-terminal User Agreement" means an agreement, entitled "Criminal Justice Non-Terminal Originating Agency Identifier (ORI) User Authorization Agreement", between a SLED/CJIS user agency having direct access and a criminal justice agency desiring indirect access to SLED/CJIS information. This agreement authorizes the agency having direct access to the SLED/CJIS information to utilize the ORI of the agency that will indirectly access SLED/CJIS at times when that agency will request information.O. "Disposition" means information which states that a criminal charge contained in a criminal history record has been dealt with by proper judicial authority and that a final disposal of the charge has been made through a finding of guilty or not guilty, or that the charge has been dismissed, or that adjudication has been indefinitely postponed. In findings of guilt, a disposition will include information showing the final action of any court of appropriate jurisdiction including, but not limited to fines, sentencing, probation, pardon and restitution information.P. "Sealed" means dissemination of criminal history record information is prohibited or restricted by conditions imposed by law or regulation.Amended by State Register Volume 14, Issue No. 3, eff March 23, 1990; State Register Volume 25, Issue No. 9, eff September 28, 2001.