502 KAR 14:010. Provision and maintenance

of automated fingerprint identification system equipment and programs in

detention centers. Submission of fingerprints by jailers to the Kentucky

State Police.

 

      RELATES TO: KRS 17.180, 441.046

      STATUTORY AUTHORITY: KRS 17.180, 441.046

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

17.180 authorizes the Department of Kentucky State Police to promulgate

administrative regulations concerning the automated fingerprint identification

system equipment and programs to be required at every detention center in the

Commonwealth. KRS 441.046 requires jailers in the Commonwealth to submit

fingerprints to the Department of Kentucky State Police in the manner and time

required by the department through administrative regulation.

 

      Section 1. Definitions.

(1) “AFIS” means the Automated

Fingerprint Identification System which is a computer- based array of systems

maintained by the Kentucky State Police that is designed to capture, search,

and store fingerprint images and arrest data.

      (2) “Fingerprints” mean graphical

representations of the friction ridge skin found on the fingers between the

first joint and the finger-tip.

      (3) “Fingerprint card” means the ink and

paper criminal fingerprint records on standard FBI fingerprint cards (FBI form

FD-249) or the KSP-22 fingerprint card.

      (4) “LiveScan fingerprint capture

devices” means computer-based devices designed for the electronic capture and

transmission of criminal arrest data and fingerprints of subjects taken into

custody for criminal offenses.

      (5) “Mug shot” means a photograph of an

individual taken as part of the arrest and booking process.

      (6) “Rolled fingerprints” means all

friction ridge skin captured from the first joint of the finger to the end of

each digit from fingernail to fingernail for all ten (10) fingers of the

subject, containing as much of the geographical surface area of the area

described above by rolling the finger from fingernail to fingernail.

 

      Section 2. (1) The Department of Kentucky

State Police shall provide and maintain LiveScan fingerprint capture devices in every

detention center in the Commonwealth.

      (2) All communication equipment

associated with LiveScan

fingerprint

capture devices (including routers, Channel Service Units, Data Service Units, and

telecommunication lines) deemed necessary to transmit criminal arrest

fingerprint records to the Department of Kentucky State Police repository shall

be supplied by the department.

      (3) Depending on factors such as cost,

volume, and site environmental issues, the Department of Kentucky State Police

may equip certain LiveScan

fingerprint

capture devices with laser printers, digital mug shot cameras, and associated

lighting and backdrops to ensure National Institute of Science and Technology (NIST)

compliant mug shot packet collection during the booking process.

 

      Section 3. (1) The following required

data elements shall be entered into the LiveScan fingerprint capture devices during the

booking process:

      (a) First name;

      (b) Last name;

      (c) Date of birth;

      (d) Sex;

      (e) Race;

      (f) Height;

      (g) Weight;

      (h) Place of birth;

      (i) Skin tone;

      (j) Arresting officer name;

      (k) Arresting officer badge or unit number;

      (l) Arresting agency Originating Agency

Identifier (ORI);

      (m) Fingerprinting agency Originating

Agency Identifier (ORI);

      (n) Date of arrest;

      (o) Whether mug shot was taken;

      (p) Whether DNA was taken;

      (q) Whether palm prints were taken;

      (r) Violation (UOR) code;

      (s) KRS citation of offense;

      (t) Citation number; and

      (u) Date of offense.

      (2) The fourteen (14) fingerprint images shall

consist of:

      (a) Rolled fingerprints;

      (b) Simultaneous impressions of the left

and right hand four fingers (index, middle, ring, and little) taken in a “straight

down” or “flat” method; and

      (c) Simultaneous impressions of the right

and left thumbs taken in a “straight down” or “flat” method.

      (3) Image specifications shall be in

compliance with the Federal Bureau of Investigation’s electronic fingerprint

transmission specifications, "Electronic Biometric Transmission Specification

(EBTS), Version 8.0."

 

      Section 4. Jailers shall electronically

submit the fingerprints taken pursuant to KRS 441.046 to the Department of Kentucky

State Police via a LiveScan fingerprint capture device. If the LiveScan fingerprint capture

device is not functioning due to damage, power failure, or other circumstance

beyond the control of the jailer, fingerprints shall be placed on a fingerprint

card and sent, postage prepaid, via U.S. mail, to: AFIS Section, Criminal

Identification and Records Branch, Kentucky State Police, 1250 Louisville Road,

Frankfort, Kentucky 40601.

 

      Section 5. Fingerprints and criminal

arrest data shall be sent to the Department of Kentucky State Police as soon as

feasible after the arrest. Fingerprints on a LiveScan fingerprint capture

device shall be completed and submitted prior to the subject’s release from

incarceration. Fingerprints on fingerprint cards may be mailed to the

Department of Kentucky State Police on a weekly or semiweekly basis, except the

jailer shall not retain fingerprint cards more than thirty (30) days prior to

mailing.

 

      Section 6. LiveScan fingerprint capture

devices shall be kept in a climate controlled area in a standard office

environment that minimizes exposure to foreign substances such as dust, smoke,

and dirt. Electrical circuits for LiveScan fingerprint capture devices shall not have any

large ampere draw equipment such as air conditioners, refrigerators, copy

machines, or laser printers on the same circuit. LiveScan fingerprint capture

devices shall not be located in an area exposed to weather elements. Users of LiveScan fingerprint capture

devices shall report system problems immediately to the Department of Kentucky State

Police.

 

      Section 7. Incorporation by Reference. (1)

The following material is incorporated by reference:

      (a) "Federal Bureau of Investigation

fingerprint card", FD-249, 5/11/99;

      (b) "Kentucky State Police

fingerprint card", KSP-22, 1/87; and

      (c) "Federal Bureau of Investigation

Electronic Biometric Transmission Specification (EBTS)", Version 8.0,

September 24, 2007.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Justice and

Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd floor,

Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686. (34 Ky.R.

1595; Am. 1975; eff. 3-7-2008.)