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502 KAR 30:020.Arrest and disposition reporting procedure.

RELATES TO:

KRS 17.110, 17.115, 17.140

STATUTORY AUTHORITY:

15A.160, 17.150(6)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 17.140(1) requires a centralized criminal history record information system to be established in the Justice and Public Safety Cabinet under the direction, control, and supervision of the commissioner of the Department of Kentucky State Police. KRS 17.110(1) requires all city and county law enforcement agencies submit to the Justice and Public Safety Cabinet, Department of Kentucky State Police, photographs, a set of fingerprints, and a description report of the offense on all persons arrested. KRS 17.115(2) requires persons in charge of any penal or correctional institution to provide the cabinet with fingerprints and descriptions on all persons committed to their custody or detained by them on cases where fingerprints and descriptions are taken, together with a report of the disposition. KRS 15A.160 authorizes the secretary of the cabinet to adopt administrative regulations to administer the cabinet. KRS 17.150(6) requires the secretary of the cabinet to adopt administrative regulations necessary to carry out the provisions of the centralized criminal history record information system and insure the accuracy of criminal history record information being reported to the system. This administrative regulation establishes arrest and disposition reporting procedures.

Section 1.

Offense Reporting Procedure. Law enforcement and criminal justice agencies shall cooperate with the Criminal Identification and Records Branch by complying with the use of a "unique numbering system" to allow court disposition tracing. The "unique numbering system" shall be accomplished by the issuance of a Uniform Citation with every arrest as it relates to this administrative regulation subject to an agreement with the Chief Justice of the Supreme Court of Kentucky as set out in Section 2(2) of this administrative regulation.

Section 2.

Disposition Reporting Procedures.

(1)

Dispositions shall be submitted from each city and county law enforcement agency to the Criminal Identification and Records Branch.

(2)

Upon suitable written agreement with the Chief Justice of the Kentucky Supreme Court and the secretary of the Justice and Public Safety Cabinet, a unique tracking number shall be assigned to each offender at the time of arrest. This unique number shall be utilized throughout the movement of the offender through the criminal justice system, thereby enabling the Administrative Office of the Courts to provide a system compatible format to the Criminal Identification and Records Branch for automatic update of court dispositions in the CHRI files.

HISTORY: (11 Ky.R. 1715; eff. 6-4-1985; 48 Ky.R. 1308, 2252; 49 Ky.R. 37; eff. 10-4-2022.)

FILED WITH LRC: June 14, 2022

CONTACT PERSON: Brenn Combs, Staff Attorney, 919 Versailles Road, Frankfort, Kentucky 40601, phone (502) 782-1800, fax (502) 573-1636, email brenn.combs@ky.gov.

502 KAR 30:020.Arrest and disposition reporting procedure.

RELATES TO:

KRS 17.110, 17.115, 17.140

STATUTORY AUTHORITY:

15A.160,~~17.080,~~ 17.150(6)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 17.140(1) requires a centralized criminal history record information system to be established in the Justice and Public Safety Cabinet under the direction, control, and supervision of the commissioner of the Department of Kentucky State Police. KRS 17.110(1) requires~~mandates that~~ all city and county law enforcement agencies~~shall~~ submit to the Justice and Public Safety Cabinet, Department of Kentucky State Police, photographs, a set of fingerprints, and a description report of the offense on all persons arrested~~on a felony charge~~. KRS 17.115(2) requires persons in charge of any penal or correctional institution to provide the cabinet with fingerprints and descriptions on all persons committed to their custody or detained by them on cases where fingerprints and descriptions are taken, together with a report of the disposition. KRS 15A.160 authorizes the secretary of the cabinet to adopt administrative regulations to administer the cabinet. KRS 17.150(6) requires~~authorizes~~ the secretary of the cabinet~~Justice~~ to adopt administrative regulations~~that are~~ necessary to carry out the provisions of the centralized criminal history record information system and insure the accuracy of ~~said~~ criminal history record information being reported to the system. This administrative regulation establishes arrest and disposition reporting procedures.

Section 1.

Offense Reporting Procedure. Within thirty (30) days of the arrest for an offense covered by KRS 17.110, two (2) sets of fingerprint cards, a mug shot or the negative of the mug shot, and a general description report (UOR-1) of the offense shall submitted to Records. Further, Law enforcement and criminal justice agencies shall cooperate with the Criminal Identification and Records Branch by complying with the use of a "unique numbering system" to allow court disposition tracing. The "unique numbering system" shall be accomplished by the issuance of a Uniform Citation with every ~~felony~~ arrest as it relates to this administrative regulation~~502 KAR 30:020~~ subject to an agreement with the Chief Justice of the Supreme Court of Kentucky as set out in Section 2(2) of this administrative regulation.

Section 2.

Disposition Reporting Procedures.

(1)

Dispositions shall be submitted from each city and county law enforcement agency to the Criminal Identification and Records Branch;~~in the form of the Uniform Offense Report (UOR-3),~~ ~~or any subsequent disposition reporting instrument required by the Department of Kentucky State Police~~.

(2)

Upon suitable written agreement with the Chief Justice of the Kentucky Supreme Court and the secretary of the Justice and Public Safety Cabinet, a unique tracking number shall~~will~~ be assigned to each offender at the time of arrest. This unique number shall~~will~~ be utilized throughout the movement of the offender through the criminal justice system, thereby enabling the Administrative Office of the Courts to provide a system compatible format~~computer tape~~ to the Criminal Identification and Records Branch for automatic update of court dispositions in the CHRI files.

HISTORY: (11 Ky.R. 1715; eff. 6-4-1985; 48 Ky.R. 1308, 2252; 49 Ky.R. 37; eff. 10-4-2022.)

FILED WITH LRC: June 14, 2022

CONTACT PERSON: Brenn Combs, Staff Attorney, 919 Versailles Road, Frankfort, Kentucky 40601, phone (502) 782-1800, fax (502) 573-1636, email brenn.combs@ky.gov.

Page Generated: 9/19/2024, 12:15:11 PM

Kentucky
General Assembly

Title 502 | Chapter 030 | Regulation 020

502 KAR 30:020.Arrest and disposition reporting procedure.

RELATES TO:

STATUTORY AUTHORITY:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

Section 2.

(1)

(2)

502 KAR 30:020.Arrest and disposition reporting procedure.

RELATES TO:

STATUTORY AUTHORITY:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

Section 2.

(1)

(2)