502 Ky. Admin. Regs. 40:010

Current through Register Vol. 51, No. 7, January 1, 2025

Section 502 KAR 40:010 - Law Information Network of Kentucky

RELATES TO: KRS 16.060, 17.110

NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.060 requires the Commissioner of the Department of Kentucky State Police to collect, classify, and maintain information useful for the detection of crime and the identification, apprehension, and conviction of criminals. KRS 17.110 requires city and county police to file felony arrest reports with the Justice Cabinet, Department of Kentucky State Police. KRS 16.080 authorizes the Commissioner of the Department of Kentucky State Police to promulgate administrative regulations necessary to carry out the responsibilities of the department. This administrative regulation establishes the definitions to be used in the administration of the Law Information Network of Kentucky.

Section 1. Definitions.

(1) "Administration of criminal justice" means the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of Criminal History Record Information (CHRI).

(2) "Criminal justice agency" means a governmental agency, or a subunit thereof, which performs administration of criminal justice pursuant to a statute, regulation, ordinance, or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. Criminal justice agency includes the Office of Attorney General, sheriff departments, law enforcement agencies of a county or municipality, coroner, jailer, prosecuting attorney, probation officer, parole officer, warden or superintendent of a prison, reformatory, or correctional school, State Police, State Fire Marshal, Board of Alcohol Beverage Control, Justice and Public Safety Cabinet, and any other criminal justice agency engaged in the administration of criminal justice.

(3) "Criminal justice information" or "CJI" means information collected by criminal justice agencies that is needed for performance of their legally authorized, required function. Criminal justice information includes wanted person information, stolen property information, criminal history information, information compiled in the course of investigation of crimes that are known or believed on reasonable grounds to have occurred including the information on identifiable individuals, and information on identifiable individuals compiled in an effort to anticipate, prevent, or monitor possible criminal activity.

(4) "Law Information Network of Kentucky" or "LINK" means the system, including hardware, software, equipment, facilities, procedures, agreements, and organizations thereof, responsible for the timely acceptance, processing, and subsequent dissemination of criminal justice information.

(5) "Satellite agency" means a nonterminal agency accessing the LINK System through a terminal agency.

(6) "Terminal agency" means an agency that has direct access to the LINK System via automated means.

502 KAR 40:010

12 Ky.R. 1565; eff. 4-17-86; Certified to be amended; filing deadline 8-26-2021; 48 Ky.R.1325, 2044; eff. 4/5/2022.

STATUTORY AUTHORITY: KRS 16.060, 16.080