Md. Code Regs. 12.15.01.11

Current through Register Vol. 51, No. 21, October 18, 2024

Section 12.15.01.11 - Dissemination of CHRI - General

A. The Central Repository and a criminal justice agency shall collect, report, maintain, and disseminate CHRI in accordance with federal and State laws and regulations pursuant to Criminal Procedure Article, § 10-221, Annotated Code of Maryland.

B. Noncriminal Justice Agency.

(1) Except under §A(2) of this regulation, only the Central Repository may disseminate CHRI to a noncriminal justice agency or individual.

(2) The Central Repository, through agreement with a criminal justice agency, may:

(a) Designate a criminal justice agency as a location where a noncriminal justice agency or individual may initiate a request for the Central Repository to provide CHRI for a noncriminal justice purpose.

(b) Authorize a criminal justice agency to disseminate to a noncriminal justice agency or individual CHRI maintained by the criminal justice agency.

(3) If a criminal justice agency is authorized to disseminate CHRI under §B(1) of this regulation, the criminal justice agency shall maintain a log of each recording in the log the:

(a) Date the request was made;

(b) Purpose of the request;

(c) CHRI disseminated;

(d) Person receiving the information; and

(e) Date the CHRI was disseminated.

(4) The Central Repository shall maintain a log recording:

(a) A criminal justice agency authorized to disseminate CHRI for noncriminal justice purposes; and

(b) The name of the agency or individual receiving the CHRI for noncriminal justice purposes from the authorized criminal justice agency.

C. The Central Repository or a criminal justice agency or individual authorized to access CHRI may not confirm the existence or nonexistence of CHRI to a person that is not eligible to receive the CHRI.

D. A log required to be kept under this chapter shall be maintained for at least 3 years.

E. The use of CHRI by an authorized agency or individual:

(1) Is limited to the specific purpose stated in this chapter; and

(2) May not be disseminated further without specific authorization by the Central Repository.

F. In addition to another remedy or penalty authorized by law, the Secretary, or a designee, may:

(1) Determine that an individual or agency is in violation of the provisions of this chapter; and

(2) Initiate the necessary action to enforce compliance with this chapter, including:

(a) Terminating authorization to access CHRI;

(b) Revoking an agreement between the agency and the Central Repository; and

(c) Criminal or civil proceedings.

G. Dissemination of CHRI.

(1) The Secretary, or a designee, shall review agreements to determine if continued dissemination of CHRI based on the agreements is consistent with current law, regulation, and policy.

(2) If the Secretary, or a designee, determines that continued dissemination under an agreement is not consistent with current law, regulation, or policy, the Secretary, or a designee, shall:

(a) Revoke the agreement;

(b) Terminate access to CHRI; and

(c) Send written notice of the revocation to the individual, agency, private employer, or organization stating the reasons for the revocation.

(3) An individual, agency, private employer, or organization whose access is terminated by the Secretary, or a designee, may appeal the action in accordance with the State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Md. Code Regs. 12.15.01.11

Regulations .11 under COMAR 12.06.08 repealed effective July 9, 1990 (17:13 Md. R. 1612)
Regulations .11 adopted effective July 9, 1990 (17:13 Md. R. 1612)
Regulation .11D adopted effective April 15, 1991 (18:7 Md. R. 773)