C.R.S.
Section 24-60-2702
Execution of compact
(a)
In General.(b)
Obligations of Parties.(1)
Attorney general.(2)
Compact officer.(A)
With respect to the Federal Government, an official so designated by the Director of the FBI; and(B)
With respect to a Party State, the chief administrator of the State’s criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.(3)
Council.(4)
Criminal history records.(A)
Means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and(B)
Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.(5)
Criminal history record repository.(6)
Criminal justice.(7)
Criminal justice agency.(A)
Means:(i)
Courts; and(ii)
A governmental agency or any subunit thereof that:(I)
Performs the administration of criminal justice pursuant to a statute or Executive order; and(II)
Allocates a substantial part of its annual budget to the administration of criminal justice; and(B)
Includes Federal and State inspectors general offices.(8)
Criminal justice services.(9)
Criterion offense.(10)
Direct access.(11)
Executive order.(12)
FBI.(13)
Interstate identification system.(A)
Means the cooperative Federal-State system for the exchange of criminal history records; and(B)
Includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the States and the FBI.(14)
National fingerprint file.(15)
National identification index.(16)
National indices.(17)
Nonparty state.(18)
Noncriminal justice purposes.(19)
Party state.(20)
Positive identification.(21)
Sealed record information.(A)
With respect to adults, that portion of a record that is:(i)
Not available for criminal justice uses;(ii)
Not supported by fingerprints or other accepted means of positive identification; or(iii)
Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a Federal or State statute that requires action on a sealing petition filed by a particular record subject; and(B)
With respect to juveniles, whatever each State determines is a sealed record under its own law and procedure.(22)
State.(1)
Provide a legal framework for the establishment of a cooperative Federal-State system for the interstate and Federal-State exchange of criminal history records for noncriminal justice uses;(2)
Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each Party State, and to provide, in a timely fashion, Federal and State criminal history records to requesting States, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;(3)
Require Party States to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other States and the Federal Government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;(4)
Provide for the establishment of a Council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and(5)
Require the FBI and each Party State to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.(a)
FBI Responsibilities.(1)
Appoint an FBI Compact officer who shall:(A)
Administer this Compact within the Department of Justice and among Federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V (c);(B)
Ensure that Compact provisions and rules, procedures, and standards prescribed by the Council under Article VI are complied with by the Department of Justice and the Federal agencies and other agencies and organizations referred to in Article III (a)(1)(A); and(C)
Regulate the use of records received by means of the III System from Party States when such records are supplied by the FBI directly to other Federal agencies;(2)
Provide to Federal agencies and to State criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including:(A)
Information from Nonparty States; and(B)
Information from Party States that is available from the FBI through the III System, but is not available from the Party State through the III System;(3)
Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and(4)
Modify or enter into user agreements with Nonparty State criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.(b)
State Responsibilities.(1)
Appoint a Compact officer who shall:(A)
Administer this Compact within that State;(B)
Ensure that Compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the State; and(C)
Regulate the in-State use of records received by means of the III System from the FBI or from other Party States;(2)
Establish and maintain a criminal history record repository, which shall provide:(A)
Information and records for the National Identification Index and the National Fingerprint File; and(B)
The State’s III System-indexed criminal history records for noncriminal justice purposes described in Article IV;(3)
Participate in the National Fingerprint File; and(4)
Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this Compact.(c)
Compliance With III System Standards.(d)
Maintenance of Record Services.(1)
Use of the III System for noncriminal justice purposes authorized in this Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.(2)
Administration of Compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.(a)
State Criminal History Record Repositories.(b)
Criminal Justice Agencies and Other Governmental or Nongovernmental Agencies.(c)
Procedures.(1)
Ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;(2)
Require that subsequent record checks are requested to obtain current information whenever a new need arises; and(3)
Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.(a)
Positive Identification.(b)
Submission of State Requests.(c)
Submission of Federal Requests.(d)
Fees.(1)
May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and(2)
May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.(e)
Additional Search.(1)
If a State criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.(2)
If, with respect to a request forwarded by a State criminal history record repository under paragraph (1), the FBI positively identifies the subject as having a III System-indexed record or records:(A)
The FBI shall so advise the State criminal history record repository; and(B)
The State criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other State criminal history record repositories.(a)
Establishment.(1)
In General.(2)
Organization.(A)
Continue in existence as long as this Compact remains in effect;(B)
Be located, for administrative purposes, within the FBI; and(C)
Be organized and hold its first meeting as soon as practicable after the effective date of this Compact.(b)
Membership.(1)
Nine members, each of whom shall serve a 2-year term, who shall be selected from among the Compact officers of Party States based on the recommendation of the Compact officers of all Party States, except that, in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history record repositories of Nonparty States shall be eligible to serve on an interim basis.(2)
Two at-large members, nominated by the Director of the FBI, each of whom shall serve a 3-year term, of whom:(A)
One shall be a representative of the criminal justice agencies of the Federal Government and may not be an employee of the FBI; and(B)
One shall be a representative of the noncriminal justice agencies of the Federal Government.(3)
Two at-large members, nominated by the Chairman of the Council, once the Chairman is elected pursuant to Article VI (c), each of whom shall serve a 3-year term, of whom:(A)
One shall be a representative of State or local criminal justice agencies; and(B)
One shall be a representative of State or local noncriminal justice agencies.(4)
One member, who shall serve a 3-year term, and who shall simultaneously be a member of the FBI’s advisory policy board on criminal justice information services, nominated by the membership of that policy board.(5)
One member, nominated by the Director of the FBI, who shall serve a 3-year term, and who shall be an employee of the FBI.(c)
Chairman and Vice Chairman.(1)
In General.(A)
Shall be a Compact officer, unless there is no Compact officer on the Council who is willing to serve, in which case the Chairman may be an at-large member; and(B)
Shall serve a 2-year term and may be reelected to only 1 additional 2-year term.(2)
Duties of Vice Chairman.(d)
Meetings.(1)
In General.(2)
Quorum.(e)
Rules, Procedures, and Standards.(f)
Assistance From FBI.(g)
Committees.(a)
Relation of Compact to Certain FBI Activities.(b)
No Authority for Nonappropriated Expenditures.(c)
Relating to Public Law 92-544.(a)
In General.(b)
Effect.(1)
Be effected in the same manner by which the Party State ratified this Compact; and(2)
Become effective 180 days after written notice of renunciation is provided by the Party State to each other Party State and to the Federal Government.(a)
In General.(1)
Have initial authority to make determinations with respect to any dispute regarding:(A)
Interpretation of this Compact;(B)
Any rule or standard established by the Council pursuant to Article V; and(C)
Any dispute or controversy between any parties to this Compact; and(2)
Hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. Such decision shall be published pursuant to the requirements of Article VI (e).(b)
Duties of FBI.(c)
Right of Appeal.
Source:
Section 24-60-2702 — Execution of compact, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-24.pdf
(accessed Oct. 20, 2023).