Maine Revised Statutes Title 25 Sec. 1704 – Responsibilities of compact parties
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1. Director of the FBI. The Director of the FBI shall:
A. Appoint an FBI compact officer who shall:
(1) Administer this compact within the United States Department of Justice for federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to section 1706, subsection 3;
(2) Ensure that compact provisions and rules, procedures and standards prescribed by the council under section 1707 are complied with by the United States Department of Justice and the federal agencies and other agencies and organizations referred to in subparagraph (1); and
(3) Regulate the use of criminal history records received by means of the III system from party states when those criminal history records are supplied by the FBI directly to other federal agencies; [PL 2001, c. 372, §3 (NEW).]
B. 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 section 1705, including:
(1) Information from nonparty states; and
(2) 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; [PL 2001, c. 372, §3 (NEW).]
C. 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 section 1705 and ensure that the exchange of the criminal history records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and [PL 2001, c. 372, §3 (NEW).]
D. Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish criminal history record request procedures conforming to those prescribed in section 1706. [PL 2001, c. 372, §3 (NEW).]
[PL 2001, c. 372, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 25 Sec. 1704
- Compact officer: means :
A. See Maine Revised Statutes Title 25 Sec. 1703Council: means the compact council established under section 1707. See Maine Revised Statutes Title 25 Sec. 1703 Criminal history record repository: means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state. See Maine Revised Statutes Title 25 Sec. 1703 Criminal history records: 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. See Maine Revised Statutes Title 25 Sec. 1703 Criminal justice: means activities relating to the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders. See Maine Revised Statutes Title 25 Sec. 1703 Criminal justice services: means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes. See Maine Revised Statutes Title 25 Sec. 1703 FBI: means the Federal Bureau of Investigation. See Maine Revised Statutes Title 25 Sec. 1703 III system: includes the national indices and, to the extent of their participation in the system, the criminal history record repositories of the states and the FBI. See Maine Revised Statutes Title 25 Sec. 1703 National fingerprint file: means a database of fingerprints or of other uniquely personal identifying information that relates to an arrested or charged individual and that is maintained by the FBI to provide positive identification of subjects indexed in the III system. See Maine Revised Statutes Title 25 Sec. 1703 National indices: means the national identification index and the national fingerprint file. See Maine Revised Statutes Title 25 Sec. 1703 Noncriminal justice purposes: means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters and national security clearances. See Maine Revised Statutes Title 25 Sec. 1703 Nonparty state: means a state that has not ratified this compact. See Maine Revised Statutes Title 25 Sec. 1703 Party state: means a state that has ratified this compact. See Maine Revised Statutes Title 25 Sec. 1703 State: means any state, territory or possession of the United States. See Maine Revised Statutes Title 25 Sec. 1703 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Party state. Each party state shall:
A. Appoint a compact officer who shall:
(1) Administer this compact within that state;
(2) Ensure that compact provisions and rules, procedures and standards established by the council under section 1707 are complied with in the state; and
(3) Regulate the in-state use of criminal history records received by means of the III system from the FBI or from other party states; [PL 2001, c. 372, §3 (NEW).]
B. Establish and maintain a criminal history record repository that must provide:
(1) Information and criminal history records for the national indices; and
(2) The state’s III system-indexed criminal history records for noncriminal justice purposes described in section 1705; [PL 2001, c. 372, §3 (NEW).]
C. Participate in the national fingerprint file; and [PL 2001, c. 372, §3 (NEW).]
D. Provide and maintain telecommunications links and related equipment necessary to support the criminal justice services set forth in this compact. [PL 2001, c. 372, §3 (NEW).]
[PL 2001, c. 372, §3 (NEW).]
3. Compliance with III system requirements. In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III system rules, procedures and standards duly established by the council concerning criminal history record dissemination and use, response times, data quality, system security, accuracy, privacy protection and other aspects of III system operation.
[PL 2001, c. 372, §3 (NEW).]
4. Noncriminal justice users. Use of the III system for noncriminal justice purposes authorized in this compact must be managed so as not to diminish the level of services provided in support of criminal justice purposes. Administration of compact provisions may not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact.
[PL 2001, c. 372, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 372, §3 (NEW).