Full Text
- Record Systems, G.O. No. 4.2.10 Page 1 ALBANY, NEW YORK POLICE DEPARTMENT 165 HENRY JOHNSON BOULEVARD ALBANY, NEW YORK 12210 RECORD SYSTEMS GENERAL ORDER NO: 4.2.10 Issue Date: December 4, 2015 Effective Date: March 1998 Revision Date: N/A CALEA: 82.1.3, 82.3.1, 82.3.2, 82.3.3, 82.3.5 Volume 4: Administrative Services Bureau Chapter 2: Administrative Services Distribution: All Personnel NYSLEAP: 8.1, 8.2, 8.5, 8.7 Issuing Authority: Chief Eric Hawkins Page: 1 of 7 PURPOSE: The purpose of this policy is to outline the various types of records kept by this department, in compliance with statutes, as an investigative and administrative aid, as a public service, and to provide statistical data. POLICY: It is the policy of the Albany Police Department to maintain accurate and complete records, as well as to provide security access of reports and follow all practices mandated by local, state, and/or federal laws. I. RECORDS RETENTION SCHEDULE A. It shall be the policy of this department to follow the New York State Retention and Disposition Schedule MU-1 for all records pertaining to department activities and reports, including but not limited to: 1. Incident and/or crime reports; 2. Domestic Incident Reports; 3. Arrest reports; and 4. Traffic accident reports. II. RECORDS MANAGEMENT AND COMPUTER SYSTEMS A. The department shall maintain a record of each call for service to include at a minimum: 1. The incident/control number; 2. The call type/nature of the call; 3. Date and time of the call; 4. Name(s) of person(s) involved, if known; 5. Location; 6. Action taken by the agency/clearance code. B. Records regarding stolen, found, recovered, and evidentiary property files are maintained within The Crime Fighter Beast Police Inventory System. Eric Hawkins Chief of Police 1789 ---PAGE BREAK--- - Record Systems, G.O. No. 4.2.10 Page 2 C. These records are maintained through the departments Computer Aided Dispatch (CAD) and Records Management Systems (RMS). D. The department utilizes CAD/RMS and the eJusticeNY Integrated Justice Portal (IJ Portal) system to access criminal justice information provided by Criminal Justice Information Services. E. The department utilizes a number of other systems or programs for electronically reporting incidents e-Reporting, TRACS, etc.). These systems maintain and file incident reports in an efficient and functional manner, and shall include provisions for: 1. The filing of reports; 2. The retrieval of reports; and 3. The supervisory review of incident reports for completeness and accuracy. F. Authorized access to CAD/RMS, IJ Portal, and any other systems or databases containing criminal justice information or having access to central records shall be managed by the Computer and Technology Unit (CTU). G. CTU shall assign a User ID and Password for the IJ Portal to all personnel requiring direct access to, or making direct inquiry of, criminal justice information through CJIS via the IJ Portal. 1. The User ID and Password shall not be used by any other personnel other than the personnel to whom it was assigned. 2. Personnel who suspect the security of their account may be compromised shall report such to their supervisor and request a new password from CTU. H. Detailed security information regarding the security of hard copy reports can be located in GO 4.2.00 – Records Administration. I. Detailed security information regarding computer security can be located in GO 4.2.20 – Computer Security Protocol. J. Freedom of Information Law (FOIL) requests will be processed by the Administrative Services Bureau/Central Records, as per current directives in GO 4.2.00 – Records Administration. III. MASTER NAME INDEX A. The department shall maintain an alphabetical Master Name Index. 1. The Master Name Index will be provided through the department’s computer Records Management System (RMS). 2. Information for the Master Name Index will be generated through data entry from RMS. 3. Names appearing in this index will include: a. Suspect(s); ---PAGE BREAK--- - Record Systems, G.O. No. 4.2.10 Page 3 b. Victim(s); c. Complainants; d. Witnesses; e. Person knowledgeable; f. Persons interviewed; and g. Person reporting (when not victim or complainant). 4. The Master Name Index shall also include the following information: a. Address; b. Age; c. Date of birth; d. Sex e. Relationship to the investigation; f. Relationship to the perpetrator (if identified); and g. Telephone number. IV. UNIT SPECIFIC RECORD MANAGEMENT A. Most reports generated by this department are maintained through ASB/Central Records. Older reports and records are archived at the Albany County Hall of Records, as per the NYS Records Retention and Disposition Schedule MU-1. B. Reports and records which are maintained by specific components outside of Central Records, but within the department, include but are not limited to: 1. Office of Professional Standards: a. Personnel records; b. Administrative reports; c. Office of Professional Standards Records; and d. Special and confidential records. 2. Patrol: a. Open traffic investigations. 3. Detective Offices: a. Open investigations; b. Confidential files; and c. Juvenile files. C. All files maintained outside of Central Records are subject to New York State Retention and Disposition Schedule MU-1. V. TRAFFIC RECORDS SYSTEM A. The traffic records system provides up to date information to personnel performing primary traffic functions, as well as keeping members of the department informed with: ---PAGE BREAK--- - Record Systems, G.O. No. 4.2.10 Page 4 1. Traffic collision data; 2. Traffic enforcement data; and 3. Roadway hazard information. B. More detailed information relating to the above listed traffic data can be located in the following current written directives: 1. GO 3.4.05 – Traffic Enforcement; 2. GO 3.4.10 – Traffic Collision Investigation; 3. GO 3.4.15 – Traffic Control and Direction; and 4. GO 3.4.20 – Ancillary Traffic Services. VI. CRIMINAL HISTORY AND STATE IDENTIFICATION NUMER A. The department uses reporting forms to comply with the standards set forth by New York State. 1. These include incidents involving arrests and citations. 2. ASB and CCCIU collect, store, index, and retrieve this data. B. Criminal Records: 1. The availability of criminal records and information must be strictly controlled and adhered to in order to insure that individual rights are not violated. 2. All requests for record checks or inspection of records are handled by the Forensic Investigation Unit during normal business hours. a. Pending Arrests: i. The release of information regarding arrests which have not been finally adjudicated is an area of special concern. Information regarding pending arrests is generally available, unless the person arrested may be considered a Youthful Offender. ii. Information on cases which are sealed, Adjourned in Contemplation of Dismissal (ACOD), or other adjudications may require no dissemination of information and the return of all arrest data and photographs. iii. If any doubt exits as to the release of information, the requestor shall be advised to complete a F.O.I.L. request through the City Clerk’s Office. b. Request by Individuals: i. Requests by military organizations or employment background checks will be done only with the signed consent of the individual of the records check. a) These requests will be handled through FIU. ---PAGE BREAK--- - Record Systems, G.O. No. 4.2.10 Page 5 ii. Mail requests will be accepted with an enclosed stamped return envelope. a) If the request is an insurance company/business, the request must be on official letterhead. b) If the request is from an attorney’s office the request must be on official letterhead, along with the proper retainer paperwork. c. Request by Other Law Enforcement Agencies: i. Views of the department’s criminal records are normally accepted if the record is legally viewable. ii. All other requests shall be submitted on official department letterhead. d. Telephone Requests: i. Telephone requests are generally not accepted, unless the supervisor handling the request is satisfied that the request is being made by an authorized law enforcement agency. e. Criminal History Printouts/File 15: i. Criminal history files shall contain: a) Fingerprint card; b) Criminal history transcripts (state and federal); c) Photograph (if available); and d) Copies of arrest reports. ii. Files 15s are not available for general viewing by personnel outside the department. iii. Records personnel shall place one copy of the File 15 report, when received, in the court file. iv. These files are maintained in the Detective Office. 3. Dissemination of information from Criminal History Records Inquires (CHRI) is controlled by the New York State Division of Criminal Justice Services. a. DCJS guidelines will be followed by this department. b. Only those persons or agencies specifically given privilege to receive CHRI requests may view information in these files. c. Under no circumstances, will CHRI information be solicited for or given to any person, agency, organization or corporation, including other governmental agencies not meeting the criteria for access. 4. Authorized agencies to view or receive information from CHRI files include: ---PAGE BREAK--- - Record Systems, G.O. No. 4.2.10 Page 6 a. Police forces and departments, at all governmental levels, that are responsible for enforcement of general criminal laws; b. Criminal prosecutable agencies; c. Courts with criminal jurisdiction; and d. Corrections departments, parole commissions, and probation departments at all governmental levels. 5. Refer to the CHRI Rules and Regulations for more specific information. C. The department maintains information in relation to the arrest history of individuals. 1. Information used to complete arrest paperwork, includes but is not limited to: a. Name; b. Date of birth; c. Sex; d. Address; e. Social security number; f. Physical description; g. Information pertinent to the arrest; and h. Agency arrest history. i. These files are maintained through the departments Records Management System. An identification number is assigned to each arrestee. ii. At the time of first arrest, an individual is assigned an identification number by the department’s Record Management System. iii. This number will then be used for each subsequent arrest of the same individual. iv. Identification numbers are assigned through RMS to ensure numbers are not duplicated or skipped. D. Records Security: 1. At no time, shall any records concerning prisoners, such as, Arrest Records, Court Informations, Defendant Statements, Victim/Witness Statements, Screening Sheets, Property Reports etc., be released to the public from Central Booking. 2. Any request for records from the public shall be referred to the Administrative Services Bureau/Central Records Department located at Headquarters. 3. Any request from the media for records/information regarding prisoners shall be referred to the Albany Police Department Public Information Officer (PIO). 4. Criminal Justice Information (CJI) may only be accessed, used, and/or disseminated by authorized personnel and for official criminal justice purposes. ---PAGE BREAK--- - Record Systems, G.O. No. 4.2.10 Page 7 5. CJI may only be accessed, used, and/or disseminated in accordance with local, State, and Federal law, and as outlined by Criminal Justice Information Services and eJusticeNY. 6. CJI is considered confidential. Personnel who access, use, or disseminate CJI for other than official purposes may be subject to criminal prosecution. VII. STATE FINGERPRINT SYSTEM A. It is the policy of this department to fully participate in the Uniform Crime Reporting system on the national and state level. Participation will be performed in accordance with processes set forth by the Federal Bureau of Investigation (FBI) and State of New York Division of Criminal Justice Services (DCJS). B. It is also the policy of this department to full participate in the New York State Fingerprint/Criminal History Records System in accordance with procedures set forth by DCJS. 1. Refer to NYS CPL section 160.10 regarding duties of police with respect to fingerprinting.