17.131 Kentucky Unified Criminal Justice Information System -- Committee to design and implement system -- Uniform policy -- Duties -- Automated warrant system -- Denial of funds upon failure of agenc

Download pdf

Loading PDF...


17.131 Kentucky Unified Criminal Justice Information System -- Committee to design and implement system -- Uniform policy -- Duties -- Automated warrant system -- Denial <br>of funds upon failure of agency or officer to participate in system. (1) There is hereby established the Kentucky Unified Criminal Justice Information System, referred to in this chapter as the &quot;system.&quot; The system shall be a joint effort of the criminal <br>justice agencies, the Courts of Justice, and the Office of Homeland Security. <br>Notwithstanding any statutes, administrative regulations, and policies to the contrary, if <br>standards and technologies other than those set by the Commonwealth Office of <br>Technology are required, the executive director of the Commonwealth Office of <br>Technology shall review, expedite, and grant appropriate exemptions to effectuate the <br>purposes of the unified criminal justice information system. Nothing in this section shall be <br>construed to hamper any public officer or official, agency, or organization of state or local <br>government from furnishing information or data that they are required or requested to <br>furnish and which they are allowed to procure by law, to the General Assembly, the <br>Legislative Research Commission, or a committee of either. For the purposes of this <br>section, &quot;criminal justice agencies&quot; include all departments of the Justice and Public Safety <br>Cabinet except the Department for Public Advocacy, the Unified Prosecutorial System, <br>Commonwealth's attorneys, county attorneys, the Transportation Cabinet, the Cabinet for <br>Health and Family Services, and any agency with the authority to issue a citation or make <br>an arrest. (2) The program to design, implement, and maintain the system shall be under the supervision of the executive director of the Office of Homeland Security, in consultation with the <br>executive director of the Commonwealth Office of Technology and the Administrative <br>Office of the Courts. (3) The executive director of the Office of Homeland Security, the executive director of the Commonwealth Office of Technology, and a representative of the Administrative Office of <br>the Courts, or their respective designees, shall be responsible for recommending standards, <br>policies, and other matters to the secretary of justice and public safety for promulgation of <br>administrative regulations in accordance with KRS Chapter 13A to implement the policies, <br>standards, and other matters relating to the system and its operation. (4) The uniform policy shall include a system to enable the criminal justice agencies and the courts to share data stored in each other's information systems. Initially, the uniform policy <br>shall maximize the use of existing databases and platforms through the use of a virtual <br>database created by network linking of existing databases and platforms among the various <br>departments. The uniform policy shall also develop plans for the new open system <br>platforms before the existing platforms become obsolete. (5) All criminal justice and participating public safety agencies shall follow the policies established by administrative regulation for the exchange of data and connection to the <br>system. (6) The executive director of the Commonwealth Office of Technology shall review how changes to existing criminal justice agency applications impact the new integrated network. <br>Changes to criminal justice agency applications that have an impact on the integrated <br>network shall be coordinated through and approved by the executive director of the Office <br>of Homeland Security, in consultation with the Commonwealth Office of Technology. (7) Any future state-funded expenditures by a criminal justice agency for computer platforms in support of criminal justice applications shall be reviewed by the Office of Homeland <br>Security and the Commonwealth Office of Technology. (8) As part of the unified criminal justice information system, the executive director of the Office of Homeland Security, in consultation with the secretary of the Justice and Public <br>Safety Cabinet, the executive director of the Commonwealth Office of Technology, and the <br>Administrative Office of the Courts, shall design and implement an automated warrant <br>system. The automated warrant system shall be compatible with any similar system <br>required by the federal government for inclusion of state information in federal criminal <br>justice databases. (9) Any criminal justice and public safety agency that does not participate in the system may be denied access to state and federal grant funds. Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 85, sec. 79, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 85, sec. 42, effective June 20, 2005; and ch. 99, sec. 89, effective June 20, 2005. -- <br>Amended 2000 Ky. Acts ch. 506, sec. 12, effective July 14, 2000; and ch. 536, sec. 12, <br>effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 28, effective July 15, 1998. Legislative Research Commission Note (6/26/2007). Although 2007 Ky. Acts ch. 85, sec. 79, contains a reference to the &quot;Department of Public Advocacy,&quot; the entity created by 2007 Ky. <br>Acts ch. 85, secs. 7 and 40, and Executive Order 2006-805 is the &quot;Department for Public <br>Advocacy.&quot; In accordance with 2007 Ky. Acts ch. 85, sec. 335, and KRS 7.136, the erroneous <br>reference in this section has been corrected in codification.