Access is governed in part by 240 Indiana Administrative Code 5-2-10 Security; Confidentiality, and Federal Title 28, United States Code (U.S.C.), Section 534. An agency and their employees will be permitted access to the system if it meets the criteria which follow:1. The agency is a governmental agency and meets the definition of a criminal justice agency as contained in the Department of Justice Regulations on Criminal Justice Information Systems (Title 28, Code of Federal Regulations [CFR], Part 20, Subpart A). These regulations in Section 20.3 define a criminal justice agency as "(c) . . . (1) courts; (2) a governmental agency or any subunit thereof which 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 ('allocates a substantial part' has been interpreted to mean more than 50 percent by the originator of the Regulations). State and Federal Inspector General offices are included. (d) The 'administration of criminal justice' means performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial 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."
Any court that hears civil cases only (with the exception of domestic violence and stalking cases) does not qualify for an NCIC 2000 ORI assignment, e.g., some probate courts. Any correctional facility that houses only juveniles who are not involved in the criminal justice process but who are orphaned or declared incorrigible does not qualify for an NCIC 2000 ORI assignment.
Effective October 1999, 28 CFR, Part 20, was amended to authorize delegation by criminal justice agencies to non criminal justice agencies of dispatching and data processing/information services pursuant to statute, regulation, executive order, or interagency agreement. The management control agreements previously required will be considered one type of interagency; hence, the mandatory and exclusive language in this publication dealing with management control agreements is not entirely correct in light of this amendment, and a Technical Operational Update will be issued to clarify any uncertainty.
2. A governmental agency not meeting the qualifications set out in (1) must meet the definition of an agency under management control of a criminal justice agency as defined in the Computerized Criminal History Program Background, Concept and Policy as approved by the NCIC Advisory Policy Board, March 1, 1984, (Policy Paper). The definition contained therein is as follows: ". . . the authority to set and enforce (1) priorities; (2) standards for the selection, supervision, and termination of personnel; and (3) policy governing the operation of computers, circuits, and telecommunications terminals used to process criminal history record information insofar as the equipment is used to process, store, or transmit criminal histo