Section 18.04 - Collection RequirementsCriminal Justice Agencies shall collect and record their applicable data to meet the requirements prescribed by 501 CMR 18.00. At a minimum, the Trial Court may order and these Criminal Justice Agencies shall assign OBTNs, collect fingerprints, and SIDs as set forth in 501 CMR 18.04.
(a)Fingerprint Collection.1. The Trial Court may order and these Criminal Justice Agencies shall collect fingerprints and submit them to the State Identification Section (SIS) in accordance with the requirements set forth by the Department of State Police.2. Fingerprint collection is required pursuant, but not limited, to:a. M.G.L. c. 263, § 1A and c. 94C, § 45 respectively, a set of fingerprints must be taken and submitted to the SIS, for individuals arrested or taken into custody for a felony or arrested or charged with a felony violation of controlled substance laws;b. M.G.L. 127, § 23, fingerprints must also be taken by the Department of Correction and Houses of Correction when an Offender is committed under a sentence for any offense including when an additional commitment occurs while the Offender is in custody and the Trial Court may order fingerprints be taken of a person convicted of a felony if the Offender is not committed to a penal institution.c. The SIS will also accept and process fingerprint submissions for a misdemeanor charge.(b)OBTN.1. Criminal Justice Agencies shall include OBTNs on all fingerprint submissions to the SIS in accordance with the requirements set forth by the SIS.2. An OBTN must be submitted for felony indictments when the corresponding charges result from an arrest pursuant to M.G.L. c. 212, § 7. State and local police departments shall submit an Offender's OBTN with applications for felony complaints for both adults and juveniles pursuant to the provisions of M.G.L. c. 218, § 32A and M.G.L. c. 119, § 54.3. The construct of each OBTN must conform to the format and protocols established by the SIS as follows: the arrest event is identified by the letter T (or other designated prefix) followed by the agency's three characters CJIS code (e.g., BOS for the Boston Police Department) and a sequentially numbered suffix. Houses of Correction and the Department of Correction shall incorporate the point-of-arrest OBTN into their respective booking processes. If a House of Correction or Department of Correction cannot obtain the point-of-arrest OBTN, then it must generate its own OBTN. To distinguish the arrest event from the custodial event, the prefix J (jail), H (house of correction) or D (state department of correction) will be substituted for the T (arrest-tracking).(c)SID.1. Upon the submission and retention of fingerprints by a criminal justice agency to the SIS, a SID shall be created and electronically provided to the criminal justice agency; in accordance with the requirements set forth by the SIS;2. SIDs are required pursuant, but not limited, to:a. M.G.L. c. 212, § 7, SIDs are required for felony indictments when the corresponding charges result from an arrest;b. M.G.L. c. 94C, § 45, SIDs are required for applications for felony complaints;c. M.G.L. c. 127, § 23, SIDs are required for all Offenders serving a sentence and may, by order of the Trial Court, be required for an individual convicted of a felony but not committed to a penal institution.d. M.G.L. c. 126, § 40, SIDs are required for all persons committed to a jail or House of Correction; ande. M.G.L. c. 211B, § 22, "the trial court shall electronically send to the department of state police all criminal case disposition information for the offender, including sealing and expungement orders and dismissals, together with the corresponding offense-based tracking number and fingerprint-based state identification number, to the extent that the offender has been assigned such numbers and the numbers have been provided to the court".3. No SID shall be created by any criminal justice agency other than the SIS. In order to comply with all of the aforementioned statutory obligations, criminal justice agencies, excluding the trial court, shall fingerprint an Offender and submit said fingerprints to the SIS, which will create the SID. All fingerprints shall be accompanied by an OBTN.4. The SIS will create an SID for misdemeanor charges accompanied by fingerprints. The SID, OBTN and any other data elements required and available by 501 CMR 18.00 will be reported to the data warehouse.
Adopted by Mass Register Issue 1459, eff. 12/24/2021.