502 KAR 30:030. Audit of Criminal History Record Information System.

 

      RELATES TO: KRS 17.150

      STATUTORY AUTHORITY: KRS 15A.160, 17.080, 17.150

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.140 establishes a centralized Criminal History Record Information System in the Justice Cabinet under the direction of the Commissioner of the Department of State Police. KRS 17.150(6) provides that the Secretary of Justice shall adopt administrative regulations that are necessary to insure the accuracy of criminal history record information being reported to the centralized criminal history record information system. This administrative regulation establishes the requirements for audits of the centralized Criminal History Record Information System and law enforcement and criminal justice agencies which submit or receive criminal history record information to or from the centralized Criminal History Record Information System.

 

      Section 1. The Records Section shall annually conduct an in-house audit of a random representative sample of hard copy data contained in the centralized Criminal History Record Information System. The scope of the audit shall include but is not limited to:

      (1) Adherence to federal and state regulations;

      (2) Completeness and accuracy of CHRI;

      (3) CHRI dissemination procedures;

      (4) Security;

      (5) Compliance with mandated access and review procedures.

      Said audit shall be conducted in accordance with guidelines set out in 28 CFR; 20.21(e), utilizing the standard audit instrument as prescribed by Records. A report of the audit findings shall be submitted by the administrative head of Records to the Commissioner, Department of State Police and the Secretary of the Justice Cabinet on or before January 10 of each year.

 

      Section 2. Records shall conduct, on an annual basis, audits of at least four (4) criminal justice agencies, submitting or receiving data from or to the centralized Criminal History Record Information System. Said agencies shall be picked at random. Such audits shall be conducted in accordance with guidelines set out in 28 CFR; 20.21(e), utilizing the standard audit instrument. A report of the audit findings shall be submitted to the administrative head of the respective criminal justice agency within thirty (30) working days after the audit has been completed. The scope of the audit shall include but not be limited to:

      (1) Adherence to federal and state regulations;

      (2) Completeness and accuracy of CHRI;

      (3) CHRI dissemination procedures;

      (4) Security;

      (5) Compliance with mandated access and review procedures. (11 Ky.R. 1716; eff. 6-4-85.)