Bill Text: NJ S3893 | 2018-2019 | Regular Session | Introduced
Bill Title: The "Uniform Criminal Records Accuracy Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-06-03 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3893 Detail]
Download: New_Jersey-2018-S3893-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
The "Uniform Criminal Records Accuracy Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the accuracy of criminal records and supplementing Title 53 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Uniform Criminal Records Accuracy Act."
2. For the purposes of this act:
"Accurate criminal history record information" means criminal history record information that correctly reflects all reportable events relating to a subject.
"Administration of criminal justice" means the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of an accused person or criminal offender; the hiring of a person for employment by a criminal justice agency or granting access to a criminal justice facility; and criminal identification activities and collection, storage, maintenance, submission, and dissemination of criminal history record information.
"Biometric information" means fingerprints and other unique biological or physical characteristics of a person that a contributing justice agency is required or permitted by law to use for the purpose of identification.
"Contributing justice agency" or "agency" means a governmental entity of the State, any other state, or the federal government which performs functions pertaining to the administration of criminal justice pursuant to statute, ordinance, resolution, or regulation, and which allocates a substantial portion of its budget to the administration of criminal justice. The term does not include the Division of State Police in the Department of Law and Public Safety.
"Criminal history record information" means information collected, received, stored, maintained, submitted, or disseminated by a contributing justice agency or the Division of State Police, consisting of a description of a subject and notation of a reportable event. The term shall include biometric information. The term shall not include noncriminal history record information.
"Disposition of a criminal proceeding" or "disposition" includes, but is not limited to diversion, dismissal, indefinite postponement, acquittal, guilty plea, conviction, and sentencing.
"Dissemination" means oral, written, or electronic transmission or other disclosure of criminal history record information to a person other than the Division of State Police.
"Division" means the Division of State Police in the Department of Law and Public Safety.
"Noncriminal history record information" means information collected as a result of an inquiry concerning a person's activity, habit, practice, possession, association, or financial status; and to anticipate, prevent, monitor, or investigate criminal activity.
"Person" means an individual, estate, business, or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
"Reportable event" means any of the following relating to a crime of the first, second, third, or fourth degree or disorderly or petty disorderly persons offense: an arrest resulting in a person being detained in a police station, lock up, or other place maintained by a municipality for the detention of offenders or the county jail or collection of biometric information; disposition after an arrest without initiation of a criminal proceeding; initiation of a criminal proceeding; disposition of a criminal proceeding, including diversion, dismissal, indefinite postponement, acquittal, guilty plea, conviction, sentencing, and modification, reversal, and revocation of the disposition; commitment to or release from a place of detention or custodial supervision; commencement or conclusion of noncustodial supervision; completion of a sentence; expungement, sealing, or setting aside of criminal history record information; grant of clemency, including pardon or commutation, or restoration of rights; and finding of mental incompetence by a court at any stage of a criminal proceeding.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
"Subject" means a person about whom criminal history record information is collected, stored, maintained, submitted, or disseminated pursuant to the provisions of this act.
"Superintendent" means the Superintendent of the Division of State Police in the Department of Law and Public Safety.
3. Every contributing justice agency and the Superintendent shall create, store, and maintain a dissemination log for each criminal history record information request and dissemination of that information.
a. Each log shall include, but not be limited to:
(1) the name of the subject about whom the information is requested;
(2) the name and address of the person making the request;
(3) the name of the person disseminating the information;
(4) the date of the request;
(5) the date of dissemination; and
(6) a statement of whether the information was disseminated for a purpose other than the administration of criminal justice.
b. The log shall be separate from criminal and noncriminal history record information.
c. The dissemination log shall be made available to the public as provided by law.
d. An entry in a dissemination log pursuant to this section shall be maintained as long as the corresponding criminal history record information is maintained.
4. A contributing justice agency that has custody of, or control, authority, or jurisdiction over a person for a reportable event shall collect, store, and maintain criminal history record information related to the event according to the provisions of this section.
a. The agency shall submit the information to the superintendent consistent with procedures established by the superintendent pursuant to subsection c. of this section within five days of collecting the information.
b. The agency shall determine whether biometric information about the person has been collected and submitted to the superintendent for the event. If the agency is a court, the agency representing the State before the court shall make this determination and report the results to the court. If the agency determines that biometric information has not been collected and submitted to the superintendent, the agency, using any legal procedure available to it under law, including, but not limited to a court order, shall collect the missing biometric information and submit it to the superintendent within five days of collection.
c. The superintendent shall establish procedures for the collection, storage, maintenance, submission, and dissemination of accurate criminal history record information.
d. Within 14 days of an agency discovering that it possesses inaccurate criminal history record information, the agency shall:
(1) correct its records;
(2) notify the superintendent of the inaccuracy and the required correction; and
(3) within one year of discovery, notify each agency that received the information of the inaccuracy and required correction.
e. An agency may disseminate criminal history record information only as required or authorized by this act.
f. An agency may disseminate criminal history record information to another agency upon request of the other agency in connection with the duties of the requesting agency.
g. The agency shall enter
the required information in the dissemination log required pursuant to section
3 of this act within 14 days after the criminal history record information has
been disseminated.
5. The superintendent shall store, maintain, and disseminate criminal history record information received from a criminal justice agency according to the provisions of this section.
a. The superintendent shall receive, store, maintain, and disseminate accurate criminal history record information in compliance with procedures adopted by the Attorney General, including but not limited to procedures to resolve data conflicts and discover missing data for accurate criminal history record information.
b. Within 14 days of receipt of a request from a subject for the subject's criminal history record information, the superintendent shall search its records and disseminate to the subject any information that is identified or inform the subject that no information was identified. Information disseminated pursuant to this subsection shall include conspicuous notification that the information is provided for review by the subject only and may not be relied on or considered current for use by any other person.
c. If a subject authorizes another person to receive the subject's criminal history record information from the superintendent, prior to disseminating that information, the superintendent shall determine whether the information contains a disposition after an arrest without initiation of a criminal proceeding, a disposition of a criminal proceeding, and modification, reversal, and revocation of the disposition, for every arrest or initiation of a criminal proceeding.
(1) If information does not contain a disposition, the superintendent shall make an effort to determine the disposition and include it in the relevant records maintained by the superintendent in the information to be disseminated.
(2) The superintendent shall remove from the information to be disseminated the notation of an arrest or initiation of criminal proceedings if:
(a) 18 months have elapsed since the later of the date of the arrest or initiation of criminal proceedings;
(b) no disposition has been identified with respect to the arrest; (c) no warrant is outstanding with respect to the arrest; and
(d) no proceeding is pending with respect to the arrest that may result in a conviction.
d. Within five days of disseminating information pursuant to subsection c. of this section, the superintendent shall send the same information to the subject, based on the contact information provided by the person requesting the information.
e. Within 14 days of disseminating information pursuant to subsection c. of this section, the superintendent shall enter the required information in the dissemination log required by section 3 of this act.
f. Within 14 days of determining that it possesses inaccurate criminal history record information, the superintendent shall correct the records pursuant to subsection c. of section 6 of this act.
g. The superintendent shall establish procedures:
(1) necessary to carry out its powers and duties under this act;
(2) for the manner and form in which an agency collects, stores, maintains, submits, and disseminates criminal history record information, including biometric information;
(3) to ensure that all criminal history record information for the same subject are linked; and
(4) for reporting, exchanging, and seeking correction of criminal history record information under this act, including prescribing the appropriate forms.
h. The superintendent is authorized to disseminate criminal history record information, including personally identifiable information, for statistical or research purposes and may limit the use and subsequent dissemination of this information.
i. The superintendent shall inform the public of the existence and accessibility of criminal history record information collected, stored, maintained, and disseminated by contributing justice agencies and the superintendent. The superintendent annually shall inform the public of the:
(1) extent and general nature of criminal history record information collected, stored, maintained, and disseminated in this State;
(2) number of corrections to criminal history record information made by the superintendent;
(3) results of audits pursuant to subsection b. of section 8 of this act and the status of any correction of deficiencies; and
(4) requirements and forms for a subject to access, review, and seek correction of criminal history record information collected, stored, or maintained by the superintendent, including the right to appeal an adverse determination.
j. The superintendent shall provide regular training to agencies concerning submitting information on a reportable event and the importance of the information to subjects, the public, and the criminal justice system. The superintendent periodically shall identify any contributing justice agency that fails to meet the requirements of this act and provide remedial training to the agency.
6. a. A subject may seek correction of criminal history record information by sending the contributing justice agency storing the information or the superintendent a request for correction, specifying the information alleged to be inaccurate and providing the allegedly correct information. An agency that receives the request shall inform the subject that only the superintendent may act on the subject's request and that the agency will forward the request to the superintendent. Within five days of receiving the request, the agency shall forward to the superintendent the request and any criminal history record information relating to the subject.
b. Within 40 days of receiving a request under subsection a. of this section, the superintendent shall review and approve or deny the request. The superintendent may extend the time to review and act on the request for up to 21 days if the superintendent certifies that there is good cause for an extension and notifies the subject. The extension may not be renewed unless the subject agrees.
(1) An approval is deemed final and not subject to appeal.
(2) If the superintendent does not act within the time provided in this section, the request is deemed denied.
(3) The subject has the right to appeal the superintendent's failure to act within the timeframe provided in this section and the superintendent bears the burden of proof in the immediately subsequent review.
c. Within 14 days of an approval by the superintendent pursuant to subsection b. of this section, the superintendent shall:
(1) correct the records;
(2) disseminate a notice of the inaccuracy and the required correction to the subject and each person that received from the superintendent inaccurate information for a purpose of administration of criminal justice within one year before the date of approval of the correction;
(3) notify the agency that provided the inaccurate information of the inaccuracy and the required correction; and
(4) upon request of the subject, disseminate a notice of the inaccuracy and the required correction to each person the subject identifies as having received the inaccurate information and provide to the subject, at no cost, one certified, corrected copy of the accurate information.
7. The superintendent shall create and maintain a mistaken identity prevention registry consisting of information voluntarily provided by a victim of mistaken identity or a person whose name or other identifying characteristic is similar to that of another person who is the subject of criminal history record information.
a. The registry shall be designed to prevent:
(1) creation of inaccurate criminal history record information;
(2) inaccurate modification of criminal history record information;
(3) mistaken arrest; and
(4) confusion of one person with another person when criminal history record information is searched.
b. The superintendent shall establish procedures for entering information concerning a person in the registry including but not limited to, procedures to require:
(1) submission by the person of a request to be entered in the registry;
(2) collection of biometric information from the person; and
(3) a determination by the superintendent of whether a certification pursuant to subsection d. of this section is appropriate.
c. The superintendent shall enter in the mistaken identity prevention registry information concerning a person who satisfies the requirements under subsection b. of this section. If the superintendent excludes an entry in the registry, the person may seek relief under the "Administrative Procedures Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as a contested case.
d. Within 14 days of entering information concerning a person in the registry, the superintendent shall certify that the person is not a specified person with a similar name or identifying characteristic who is the subject of criminal history record information. The certification is prima facie evidence of the certified facts.
e. The superintendent shall not use or disseminate information from the mistaken identity prevention registry except as provided in this subsection.
(1) The superintendent shall disseminate information from the registry to an agency if the superintendent has reason to believe that identifying information on a reportable event may be inaccurate or incorrectly associated with a person.
(2) The superintendent may disseminate information from the registry to a national mistaken identity prevention registry if the national registry is created and maintained by a federal law enforcement agency with a similar purpose and protections.
f. If an agency seeks to establish the identity of a person and the person presents a certification issued pursuant to subsection d. of this section, the agency shall accept the certification unless the agency has a reasonable basis to doubt that identity or the authenticity of the certification, in which case the agency shall contact the superintendent to verify the authenticity of the certification according to procedures established by the superintendent.
g. An agency and the superintendent may access or use information from the mistaken identity prevention registry only to:
(1) accurately identify a person about whom the agency has requested or received registry information; or
(2) investigate, prosecute, or adjudicate a person for an offense relating to, participating in, using, or operating the registry.
h. If information in the registry is accessed or used for a purpose other than permitted pursuant to paragraphs (1) or (2) of subsection g. of this section, the information and any information acquired as a result of improper access or use shall not be admissible in any criminal or civil action. The superintendent shall notify the person whose information was improperly accessed or used within five days of discovery of the improper access or use.
i. The superintendent shall establish procedures regarding a request to remove information from the registry. These procedures shall include, but not be limited to, requiring the superintendent to remove the information within 14 days of receiving the request.
8. a. The Attorney General shall establish procedures to protect the confidentiality and security of criminal history record information collected, received, stored, maintained, submitted, and disseminated pursuant to the provisions of this act, including but not limited to procedures to:
(1) protect information that is stored or maintained from loss or damage;
(2) allow only authorized persons to access the information;
(3) select, supervise, and train persons authorized to have access to the information;
(4) meet the technical guidance for the security of systems adopted by the responsible agency or person if computerized data processing is used; and
(5) maintain a record of each data breach.
b. The Attorney General shall conduct an annual audit of a sample of contributing justice agencies and a triennial audit of the division pursuant to this subsection.
(1) If an audit required by the federal government satisfies the requirements of this section, the Attorney General shall certify that no additional audit is required.
(2) An audit required pursuant to this subsection shall:
(a) assess the operational practices of the division for consistency, efficiency, and security;
(b) assess the integrity of each computerized system and database and each physical location where criminal history record information is stored;
(c) assess any data breach in the division and response to the breach; and
(d) review a representative sample of criminal history record information stored by an agency or the superintendent and determine the number of missing reportable events and amount and nature of missing biometric information in the sample, in part by examining public records of the courts of this State.
c. Every agency and the superintendent shall provide the Attorney General with access to the records, reports, listings, and information required to conduct an audit pursuant to subsection b. of this section. An officer, employee, or contractor of this State or a political subdivision of this State with relevant information shall cooperate with the Attorney General.
d. The Attorney General shall prepare and make available a public report containing the results of audits conducted pursuant to this section and a list of any deficiencies and recommendations for correction of deficiencies.
9. a. The Attorney General, the superintendent, or a subject may commence an action to compel compliance with or enjoin a violation of this act. The court may award reasonable fees and expenses of attorneys, and court costs to a subject who prevails in the action.
b. A subject injured by an intentional or reckless violation of this act or procedures adopted pursuant to this act may commence a civil action. If the court finds by a preponderance of the evidence that the subject was injured by an intentional or reckless violation, the court shall award the greater of $500 for each violation up to $2,000 in the action or actual damages, in addition to reasonable fees and expenses of attorneys, and court costs.
10. a. The Attorney General shall adopt procedures to implement this act, including but not limited to procedures that:
(1) govern the accuracy, dissemination, review of, and access to, criminal history record information;
(2) ensure that electronic data, including biometric information, is stored in an appropriate manner;
(3) establish technical practices for security of systems in paragraphs (1) and (2) of this subsection; and
(4) set a reasonable maximum fee for the cost of disseminating criminal history record information and provide a subject free access to the subject's information at least once each calendar year.
b. The Attorney General may designate any governmental agency, other than the division or a court, as an agency.
c. The Attorney General may investigate any matter relating to the administration and enforcement of this act.
11. Notwithstanding the provisions of this act, the court docket, court file, and information contained in a docket or file, shall be deemed public records as governed by the Rules of Court.
12. This act shall take effect on the first day of the seventh month next following enactment, but the Attorney General and the Superintendent of State Police may take any anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill establishes the Uniform Criminal Records Accuracy Act to ensure the integrity of the State's criminal history record information, which increasingly is being used for non-criminal justice purposes.
Under the act, contributing justice agencies and the Division of State Police are required to create, store, and maintain a dissemination log for every request for criminal history record information. A criminal justice agency is defined in the act as a governmental entity of the State, any other state, or the federal government which performs functions pertaining to the administration of criminal justice pursuant to statute, ordinance, resolution, or regulation, and which allocates a substantial portion of its budget to the administration of criminal justice. Each dissemination log is to include: the name of the subject about whom the information is requested; the name and address of the person making the request; the name of the person disseminating the information; the date of the request; the date of dissemination; and a statement of whether the information was disseminated for a purpose other than the administration of criminal justice. Information is to be included in the log within 14 days of dissemination.
The bill requires contributing justice agencies with control, authority, or jurisdiction over a person to conform to certain standards in collecting, storing, and maintaining criminal history record information for certain reportable events. A reportable event is defined in the bill as any of the following relating to a crime or offense:
1) an arrest resulting in a person being detained in a police station, lock up, or other place maintained by a municipality for the detention of offenders or the county jail or collection of biometric information;
2) disposition after an arrest without initiation of a criminal proceeding;
3) initiation of a criminal proceeding;
4) disposition of a criminal proceeding, including diversion, dismissal, indefinite postponement, acquittal, guilty plea, conviction, sentencing, and modification, reversal, and revocation of the disposition;
5) commitment to or release from a place of detention or custodial supervision;
6) commencement or conclusion of noncustodial supervision;
7) completion of a sentence;
8) expungement, sealing, or setting aside of criminal history record information;
9) grant of clemency, including pardon or commutation, or restoration of rights; and
10) finding of mental incompetence by a court at any stage of a criminal proceeding.
The agency is required to submit information on a reportable event to the State Police within five days of collecting it and to otherwise conform to State Police guidelines concerning collection, storage, maintenance, submission, and dissemination of accurate criminal history record information, including biometric information, such as fingerprints. If an agency discovers inaccurate criminal history record information, it is required to correct its records, notify the State Police of the inaccuracy and correction, and within one year of discovery, notify each agency that received the information of the inaccuracy and correction.
The State Police are required by the act to receive, store, maintain, and disseminate accurate criminal history record information in compliance with procedures adopted by the Attorney General. The State Police have 14 days after a person requests his or her criminal history record information to search its records and disseminate that information to the requester. The requester is to receive conspicuous notification that the information is provided for the requester's review only and may not be relied on or considered current for use by any other person. If one person authorizes another person to receive the person's criminal history record information, the State Police are to determine whether the information contains a disposition after an arrest without initiation of a criminal proceeding or a disposition of a criminal proceeding. If a disposition is not found, the State Police are to try to determine if there was a disposition and if so, include it in the relevant records. The State Police are to remove the notation of an arrest or initiation of criminal proceedings if 18 months have elapsed since the date of the arrest or initiation of criminal proceedings, whichever is later; no disposition has been identified; there is no outstanding warrant; and there is no pending proceeding that may result in a conviction. The State Police have five days to disseminate the information to the person and the requester and 14 days to correct inaccurate records.
The bill also requires the State Police to inform the public of the existence and accessibility of criminal history record information collected, stored, maintained, and disseminated by contributing justice agencies and the superintendent and to provide agencies with appropriate training.
The bill further requires the State Police to create and maintain a mistaken identity prevention registry consisting of information voluntarily provided by a victim of mistaken identity or a person whose name or other identifying characteristic is similar to that of another person who is the subject of criminal history record information. The purpose of the registry is to prevent inaccurate criminal history record information, inaccurate modification of criminal history record information, mistaken arrest, and confusion of one person with another person when criminal history record information is searched.
The act sets forth procedures for a person to follow to have criminal history record information corrected by an agency or the State Police. The State Police are required to approve or deny a request for correction within 40 days. Upon approval of a request, the State Police have 14 days to correct its records and give notice of the inaccuracy. The person is to be provided a free certified, corrected copy of the accurate information. If the request is denied, the person has the right to appeal.
The Attorney General is responsible under the bill to establish procedures to protect the confidentiality and security of criminal history record information and to conduct annual audits of a sample of contributing justice agencies and a triennial audit of the State Police.
The Attorney General, the State Police, or a person may commence an action to compel compliance with or enjoin a violation of the provisions of the bill. Reasonable fees, attorneys' fees, and court costs may be awarded. Civil fines also may be imposed.
According to the National Conference of Commissioners on State Laws, there have been numerous developments concerning criminal records over the past 20 years, including the creation of the National Instant Criminal Background Check System (NICS) in 1993, the establishment of criminal history repositories in all states, and the increasing use of criminal record checks in connection with eligibility for employment, professional and occupational licenses, credit worthiness, and other non-criminal justice purposes. Recent studies have demonstrated that criminal records accessed for these purposes may be inaccurate or incomplete which may be attributable to lack of information concerning dispositions after an arrest or other charge that has been entered in a database; data entry errors resulting in an incorrect listing of the offense; multiple listings of the same offense; attribution of an offense to a wrong person; criminal identity theft; and searches for criminal record information resulting in one person's criminal record information appearing in search results initiated for a different person.
This bill is modeled on the conference's recommendations to improve the accuracy of criminal history record information.
