67-3001. DEFINITIONS. As used in this chapter: (1) "Administration of criminal justice" means 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 includes criminal identification activities and the collection, storage and dissemination of […]
67-3002. POSITIVE IDENTIFICATION — FINGERPRINTS REQUIRED. To ensure positive identification and system integrity, criminal history records shall be supported by fingerprints, which may be maintained manually, electronically or on optical disk. The records shall be linked to an automated fingerprint identification system. For the purpose of including prescribed information categories, the system may be linked […]
67-3003. DUTIES OF THE DEPARTMENT. (1) The department shall establish a bureau of criminal identification to: (a) Serve as the state’s central repository of criminal history records; (b) Conduct criminal background checks as authorized by law or rule and provide fingerprint identification services; (c) Obtain and electronically file information relating to in-state stolen vehicles and […]
67-3004. FINGERPRINTING AND IDENTIFICATION. (1) The bureau shall: (a) Obtain and file fingerprints, physical descriptions and any other available identifying data on persons who have been arrested or served a criminal summons in this state for a retainable offense; (b) Accept fingerprints and other identifying data taken by a law enforcement agency for the purpose […]
67-3005. RECORDS AND REPORTING — DUTIES OF OTHER CRIMINAL JUSTICE AGENCIES AND THE COURT. (1) Each criminal justice agency shall: (a) Transmit to the department, when and in the manner prescribed by this chapter or any rules adopted pursuant thereto, all information required by section 67-3001(4), Idaho Code, for inclusion in the criminal history records; […]
67-3006. REPORTING OF UNIFORM CRIME INFORMATION. A law enforcement agency shall submit to the department, at the time, in the manner, and in the form prescribed by the department, data regarding crimes committed within that agency’s jurisdiction. The department shall publish an annual report, available no later than July 1 of the following year, containing […]
67-3007. COMPLETENESS, ACCURACY AND SECURITY OF CRIMINAL HISTORY RECORDS. (1) The department shall: (a) Adopt reasonable procedures to ensure that criminal justice information it maintains is accurate and complete; (b) Notify a criminal justice agency or persons known to have received information of a material nature that is inaccurate or incomplete; (c) Provide adequate procedures […]
67-3008. RELEASE OF CRIMINAL HISTORY RECORD INFORMATION. (1) All units of state, city and local governments, as well as any agency of the state created by the legislature which require by statute, rule, or local or county ordinance, fingerprinting of applicants or licensees, are authorized to submit fingerprints to the bureau for examination and further […]
67-3009. CRIMINAL PENALTIES. (1) It is unlawful for a person for personal gain to request, obtain, or attempt to obtain criminal history records under false pretenses or willfully communicate or attempt to communicate criminal history records to any agency or person not authorized to receive the information by law. A violation of this subsection is […]
67-3010. FEES AUTHORIZED. The department, by rule, shall establish and collect fees for taking fingerprints and for processing a request for criminal record review of state and federal files when the purpose is other than the administration of criminal justice. The department may also collect and account for fees charged by the federal bureau of […]
67-3011. NONCOMPLIANCE WITH REPORTING REQUIREMENTS. (1) If any criminal justice agency subject to the fingerprinting and reporting requirements under section 67-3005, Idaho Code, fails to comply with such requirements, the director may order the bureau to deny the agency access to criminal history records until the agency comes into compliance with reporting requirements prescribed by […]
67-3012. NATIONAL CRIME PREVENTION AND PRIVACY COMPACT. (1) Findings. The legislature finds that there is a need to improve the quality and completeness of criminal history records made available to a state when it conducts national fingerprint-based record checks for applicant or noncriminal justice purposes. Criminal history records automated and held at the state level […]
67-3013. APPOINTMENT OF COMPACT OFFICER. The director of the Idaho state police shall appoint an Idaho state police employee as compact officer for the purpose of complying with article III of the national crime prevention and privacy compact, as set forth in section 67-3012, Idaho Code. History: [67-3013, added 2005, ch. 69, sec. 2, p. […]
67-3014. EXPUNGEMENT FOR VICTIMS OF HUMAN TRAFFICKING. (1) The provisions of this section shall only apply to individuals who are victims of human trafficking as defined in section 18-8602, Idaho Code, and shall only apply to arrests, criminal prosecutions and convictions that are the result of acts induced by human traffickers. (2) Any person who […]
