502 KAR 40:010.

Law Information Network of Kentucky.

 

      RELATES TO: KRS

16.060, 17.110

      STATUTORY

AUTHORITY: KRS 16.060, 16.080, 17.080

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 16.060 mandates that the Commissioner of the

Department of State Police shall collect, classify and maintain information

useful for the detection of crime and the identification, apprehension and

conviction of criminals. KRS 17.110 provides that city and county police shall

file felony arrest reports with the Justice Cabinet, Department of State

Police. KRS 17.080 provides that the Secretary of Justice may adopt rules and

administrative regulations necessary to carry out the functions vested in the

cabinet by KRS Chapter 17. KRS 16.080 provides that the Commissioner of the

Department of State Police may adopt such rules and administrative regulations

necessary to carry out the responsibilities of the Department of State Police

as outlined in KRS 16.010 to 16.170. This administrative regulation establishes

the definitions to be used in the administration of the Law Information Network

of Kentucky.

 

      Section 1. As

employed in 502 KAR 40:010 through 502 KAR 40:040, unless the context requires

otherwise:

      (1) "Law

Information Network of Kentucky," hereafter referred to as LINK, shall be

defined as the system, including hardware, software, equipment; facilities,

procedures, agreements and organizations thereof responsible for the timely

acceptance, processing, and subsequent dissemination of criminal justice

information.

      (2)

"Criminal justice information," hereafter referred to as CJI, shall

be defined as information collected by criminal justice agencies that is needed

for performance of their legally authorized, required function. This includes:

wanted person information; stolen property information; criminal history

information; information compiled in the course of investigation of crimes that

are known or believed on reasonable grounds to have occurred, including

information on identifiable individuals; and information on identifiable individuals

compiled in an effort to anticipate, prevent, or monitor possible criminal

activity.

      (3)

"Criminal justice agency" shall be defined as: a governmental agency

or a subunit thereof which performs administration of criminal justice pursuant

to a statute, regulation, ordinance, or executive order, and which allocates a

substantial part of its annual budget to the administration of criminal

justice.

      The term

criminal justice agency shall be inclusive of but not limited to: the Attorney

General, sheriff departments, law enforcement agencies of a county or

municipality, coroner, jailer, prosecuting attorney, probation officer, parole

officer; warden or superintendent of a prison, reformatory, correctional

school, State Police, State Fire Marshal, fire department, Board of Alcohol

Beverage Control, Justice Cabinet and every other criminal justice agency

engaged in the administration of criminal justice.

      (4)

"Administration of criminal justice" shall be defined as the

performance of any of the following activities: detection, apprehension,

detention, pretrial release, posttrial release, prosecution, adjudication,

correctional supervision, or rehabilitation of accused persons or criminal

offenders. The administration of criminal justice shall include criminal

identification activities and the collection, storage and dissemination of

Criminal History Record Information (CHRI).

      (5)

"Satellite agency" shall be defined as a nonterminal agency accessing

the LINK System through a terminal agency.

      (6)

"Terminal agency" shall be defined as an agency that has direct

access to the LINK System via automated means. (12 Ky.R. 1565; eff. 4-17-86.)