Md. Code Regs. 12.15.01.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.15.01.05 - Right of an Individual to Inspect the Individual's CHRI

A. Access to CHRI.

(1) An individual may inspect the individual's CHRI maintained by a criminal justice agency, except if the CHRI or part of the CHRI is relevant to a pending criminal proceeding.

(2) The exception in §A(1) of this regulation does not affect the right of inspection and discovery permitted by rule of court or by statute.

(3) CHRI that was recorded before January 1, 1978 is subject to the right of access and challenge in accordance with this subtitle.

(4) When a request is made to review CHRI, a criminal justice agency shall make a reasonable search for the CHRI maintained under the criminal justice agency's authority.

(5) A criminal justice agency requested to provide access to CHRI that cannot be located after a reasonable search has no further obligation to provide CHRI.

B. A fee, established in Regulation .15 of this chapter, shall be charged an individual for each request to review that individual's CHRI, except if the individual files a verified certificate of indigence with the agency requested to provide the individual's CHRI.

C. Filing Request to Review CHRI. An individual may file a request to obtain and to review the individual's CHRI with the Central Repository or other locations designated by the Central Repository.

D. Filing Request to Review CHRI with a Criminal Justice Agency.

(1) Until CHRI is filed with the Central Repository, an individual may file a request to review a portion of the individual's CHRI with the criminal justice agency, other than the Central Repository, collecting and maintaining the CHRI that has not been filed with the Central Repository.

(2) A request to review is subject to the procedures of the criminal justice agency maintaining the CHRI.

(3) A criminal justice agency maintaining CHRI shall adopt procedures for individual review and challenge of CHRI that comply with applicable federal and State law and regulations.

E. An individual held in custody at a law enforcement agency, detention center, or correctional facility as the result of a court action may file a request to review the individual's CHRI with the criminal justice agency detaining the individual.

F. Before an individual may review the individual's CHRI, the individual shall be identified by fingerprint comparison with the Central Repository record according to procedures established by the Central Repository.

G. An attorney may review a client's CHRI if the attorney:

(1) Satisfactorily establishes the client's identity;

(2) Presents written authorization from the attorney's client; and

(3) Pays the fee established in Regulation .15 of this chapter.

H. An individual requesting to review CHRI shall:

(1) Submit the request using an application form or electronic format that:

(a) Is authorized by the Central Repository;

(b) Is properly completed; and

(c) Includes a complete set of legible fingerprints; and

(2) Forward the properly completed form to the Central Repository.

I. Upon receipt of a proper request to review CHRI, the Central Repository shall:

(1) Verify the identity of the applicant by fingerprint comparison and other available identifiers; and

(2) If identification is verified and CHRI is found, provide a copy of the CHRI to the applicant.

J. Denial of a Request to Review CHRI.

(1) The Central Repository or a criminal justice agency may deny a request to review CHRI if the Central Repository or criminal justice agency determines that the individual is not:

(a) The subject of the CHRI; or

(b) Entitled to review the CHRI under Criminal Procedure Article, § 10-226, Annotated Code of Maryland.

(2) If the Central Repository or a criminal justice agency denies a request to review CHRI, the Central Repository or criminal justice agency denying the request shall:

(a) Provide written notification of the denial, including the reason for the denial;

(b) Send the written notification of denial to the individual making the request within 30 days; and

(c) Provide the individualwritten notification of the individual's right to appeal the denial of the request to review CHRI.

K. The Central Repository or a criminal justice agency receiving a request to review CHRI shall retain a copy of the application.

L. An individual may only challenge the following concerning CHRI:

(1) Completeness;

(2) Content;

(3) Accuracy; or

(4) Dissemination.

Md. Code Regs. 12.15.01.05

Regulations .05 under COMAR 12.06.08 repealed effective July 9, 1990 (17:13 Md. R. 1612)
Regulation .05B and G amended effective April 15, 1991 (18:7 Md. R. 773)
Regulations .05 adopted effective July 9, 1990 (17:13 Md. R. 1612)