Section 181A.205 - [Operative 1/1/2025] Voluntary fingerprint retention program; notice to individuals subject to criminal records checks; ending participation; exemption from public disclosure; rules; fees(1) As used in this section: (a) "Authorized agency means a state or local government agency authorized by state and federal law to submit fingerprint-based background check requests for employment and licensing purposes to the Federal Bureau of Investigation and who may receive criminal history record information in response to such requests.(b) "Criminal history record information means information collected by and maintained in the files of criminal justice agencies concerning individuals, consisting of identifiable descriptions, notations of arrest, detentions, indictments or other formal criminal charges. This includes any disposition, sentencing, correctional supervision, and release information.(c) "Rap Back program means a system that enables authorized entities to receive ongoing status notifications of any criminal history reported on individuals whose fingerprints are registered in the system.(d) "Rap Back system means the Rap Back system maintained by the Federal Bureau of Investigation.(2)(a) The Department of State Police shall establish a fingerprint retention program for participation in the Rap Back system through which the department retains fingerprint cards and facsimiles of fingerprints provided to or received from the Federal Bureau of Investigation that are obtained during a state criminal records check requested by an authorized agency for the purpose of employment or licensing. (b) The department may not use fingerprint cards or facsimiles of fingerprints retained pursuant to paragraph (a) of this subsection for any purpose other than the purpose of providing information as described in subsection (5) of this section. (3) An authorized agency may participate in the state fingerprint retention program by subscribing to the Rap Back program with the Department of State Police and submitting an implementation plan to an appropriate committee or interim committee of the Legislative Assembly related to the judiciary. In preparing the implementation plan, an authorized agency must consult with the department and with stakeholders, including but not limited to impacted providers and impacted employees. The implementation plan must describe:(a) How the authorized agency will ensure that fingerprinting is accessible for all individuals across geographic regions of the state and provider settings;(b) How the authorized agency will ensure that fingerprinting accessibility will not be a barrier to enrollment in the Rap Back program for individuals;(c) The estimated timeline for enrolling individuals in the Rap Back program;(d) How the authorized agency will educate and inform individuals about the Rap Back program; and(e) Projected costs associated with reducing barriers to fingerprinting, including out-ofpocket cost to the individual and costs to the authorized agency for additional fingerprinting services.(4)(a) If an authorized agency subscribes to the Rap Back program, the authorized agency must inform an individual subject to a criminal records check about the Rap Back program in a form and manner prescribed by the authorized agency. The authorized agency must include the following information:(A) That employment or licensing by the authorized agency requires that the individual be enrolled in the Rap Back program;(B) That the Rap Back program allows the department to provide information as described in subsection (5) of this section; and (C) That ORS 181A.230 allows the individual to challenge the accuracy of information that is provided as described in subsection (5) of this section.(b) Notice provided pursuant to paragraph (a) of this subsection must be provided in a clear and easy to understand manner. (5)(a) If an individual is subject to a criminal records check for employment or licensing and the authorized agency subscribes to the Rap Back program, the individual shall be enrolled in the Rap Back program.(b) Under the Rap Back program the Department of State Police may receive fingerprints of individuals from an authorized agency and submit those fingerprints to the Rap Back system to be retained in the Rap Back system for the purposes of being searched by future submissions to the Rap Back system, including latent fingerprint searches.(c) The Rap Back system provides continuous evaluation of the criminal history status of each individual enrolled in the Rap Back system as long as the individual remains in a position of trust. If the Rap Back system identifies a new criminal history event for an individual enrolled in the Rap Back program, the Federal Bureau of Investigation will send notice to the department. Upon receiving notification from the Federal Bureau of Investigation of a new criminal history event, within or outside of Oregon, for an individual enrolled in the Rap Back program, the department shall notify the authorized agency that enrolled the individual of the new criminal history event.(6) An authorized agency that subscribes to the Rap Back program shall notify the Department of State Police, in a form and manner prescribed by the department, when an individual employed or licensed by the authorized agency and enrolled in the Rap Back program is no longer employed or licensed by the authorized agency.(7) When the department receives notice that an individual is no longer employed or licensed by an authorized agency, the department shall:(a) Destroy any printed and electronic fingerprint cards and facsimiles of fingerprints that the department has retained for the individual as part of the Rap Back program; and(b) Notify the Federal Bureau of Investigation that the individual is no longer employed or licensed by the authorized agency and request that the Federal Bureau of Investigation destroy any printed and electronic fingerprint cards or facsimiles of fingerprints that the Federal Bureau of Investigation has retained for the individual in the Rap Back system. (8) Information retained by the department under this section is exempt from public disclosure under ORS 192.311 to 192.478, and the department may not disclose the information for any purpose not authorized by this section or otherwise required by law.(9) The Department of State Police:(a) Shall, in consultation with the Oregon Department of Administrative Services, adopt rules for the administration of this section; and(b) May adopt a fee that an authorized agency, agency or district must pay to subscribe to the Rap Back program.Amended by 2024 Ch. 85,§ 1, eff. 6/6/2024, op. 1/1/2025.Section 2(2) of the 2024 amending legislation provides that to participate in the Rap Back program described in ORS 181A.205, as amended by section 1 of the 2024 Act, beginning on January 1, 2025, an authorized agency must subscribe to the Rap Back program with the Department of State Police and submit an implementation plan meeting the requirements of ORS 181A.205 (3), as amended by section 1 of the 2024 Act, to a committee or interim committee of the Legislative Assembly related to the judiciary no later than December 31, 2024.181A.205 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
This section is set out more than once due to postponed, multiple, or conflicting amendments.