THE CRIME RECORDSSERVICENEWSLETTER

HIGHLIGHTS:Updated TX CJIS Security

Access Policy

Page 3

2008 Uniform Crime Re-

porting Conference

Page 4

CJIS Field Representatives

Page 4

DPS Supply Order From

Page 8

CR NEWS is published by the

Texas Department of Public

Safety. Comments, Suggestions

and mailing list updates are wel-come.

Contact:

CR News MSC 0230

Attn: Michelle Farris

PO Box 4143

Austin, TX 78765-4143

micheIIe.farris@txdps.state.tx.us

CR NEWSVolume 14, Number 1

Jan - Mar

Texas CJIS Systems Access PolicyStatement

(Revised April 2008)

The Department of Public Safety (DPS), as the CJIS Systems. Agency(CSA)for the state of Texas,applies the rules containedwithin the CJ/SSecurity Policy to grant access to the Texas LawEnforcement Telecommunications System (TLETS)and associ-ated systems which include the Texas Crime Information Center(TCIC) and the Texas Computerized Criminal History (CCH) fileand others. The FBI CJ/S Security Policy provides a procedurefor conducting national fingerprint-based record checks on allpersonnel granted access to FBI Criminal Justice InformationSystems. These record checks shall be conducted within 30days upon initial employment or assignment. If a felony convic-tion exists, the hiring authority shall deny systems access. Thenational policy states that if a criminal record of any other kindexists, systems access shall be denied until the CSO (CJISSys-tems Officer) or his official designee reviews the matter to deter-mine if systems access is appropriate. If the person appears tobe a fugitive or appears to have an arrest history without convic-tion for a felony or serious misdemeanor, the CSOor his officialdesignee shall review the matter to determine if systems accessis appropriate. If the CSO or his designee makes a determina-tion that FBI CJISsystem access by the applicant "would not bein the public interest," access will be denied. Currently, the CSOfor the state of Texas is David Gavin, Assistant Chief of Admini-stration, Crime Records Service, Texas Department of PublicSafety.

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In Texas, these decisions by the CSO have been delegated to(Continuedonpage3)

CRS MANAGEMENTDavidGavinMike LeskoAla n Ferretti

Assistant Chief,Deputy AdministratorInformation Security Officer

ACCESS& DISSEMINATIONBUREAUDon Farris ManagerBaerbel Cleveland Supervisor, SupportSharon Hill Supervisor, Training & AuditElaine Smith Supervisor, CHIUAssistance Line Record ChecksAssistance Line Secure Site

david .gavi n@txdps.state.tx.usm ike.lesko@txdps.state.tx.usala n. ferretti@txdps.state.tx.us

dona Id.fa rris@txdps.state.tx.usbaerbel.clevela nd@txdps.state.tx.ussha ron. h iII@txdps.state.tx.usela ine.sm ith@txdps.state.tx.us

CRIMINALHISTORYRECORDINFORMATIONPROCESSINGBUREAUAngie Klein Manager angie.klein@txdps.state.tx.usGreg Easley Assistant Manager greg.easley@txdps.state.tx.usHolly Morris Section Supervisor, Data Integrity holly.morris@txdps.state.tx.usPat Molloy Section Supervisor, Fingerprints patricia.molloy@txdps.state.tx.usGretna Holiday Dayshift Supervisor, Fingerprints gretna.holiday@txdps.state.tx.usKathy Parks Dayshift Supervisor, Fingerprints kathy.Parks@txdps.state.tx.usClaudia Crislip Evening Shift Supv., Fingerprints claudia.Crislip@txdps.state.tx.usJudy Miller Midnight Shift Supv., Fingerprints judith.miller@txdps.state.tx.usVacant LiveScan CoordinatorCassandra Richey Supervisor, CJISField RepsCheryl Sanchez AFIS Project AssistantCharlene Cain CCH Internet CoordinatorUrsula Cook EDR Coordinator

24 hour Fingerprint Assistance Line

CRIME INFORMATIONBUREAURandy Batten ManagerPam Pierce TCICSystems AnalystVacant TCICOperations SupervisorDiane Wells TCICTraining SupervisorJanet Raeke TCICAudit SupervisorJill Gajkowski TCICControl Room SupervisorAllison Price Program Administrator, HEATRosemary Webb Program Administrator, UCRLinda Carter Supervisor, UCRClerical SupervisorTom Jenkins Supervisor, UCR Field RepsPam Nickel IBR Supervisor, UCRVincent Castilleja Sex Offender Reg. Coordinator

CRS LEGALSTAFFLouis Beaty Manager

CRSSUPPORTBUREAUDesiree Taylor ManagerJim Phillips Program SpecialistJimmy Guckian Program SpecialistMichelle Farris Project SpecialistJennifer Norton Budget AnalystRochelle Gutierrez Billing Clerk

Tierra Heine Fingerprint Card Supplies

cassa nd ra. richey@txdps.state.tx.uscheryl.sanchez@txdps.state.tx.uscha rle ne. ca in@txdps.state.tx.usu rsu la.cook@txdps.state.tx.us

ra ndy. batten@txdps.state.tx.uspa m. pierce@txdps.state.tx.us

d ia ne. wells@txdps.state.tx.usja net. raeke@txdps.state.tx.usji Il.gaj kowski@txdps.state.tx.usa Ilison. price@txdps.state.tx.usrosema ry.webb@txdps.state.tx.usIinda.ca rter@txdps.state.tx.ustom.jen ki ns@txdps.state.tx.uspa m. n ickel@txdps.state.tx.usvincent. casti IIeja@txdps.state.tx.us

Iou is. beaty@txdps.state.tx.us

desi ree. taylor@txdps.state.tx.usji m. ph iIIips@txdps.state.tx.usj im my.guckia n@txdps.state.tx.usm ichelle. fa rris@txdps.state.tx.usjen n ifer. norton@txdps.state.tx.usrochelle.gutie rrez@txdps.state.tx.us

512-424-2077512-424-2524512-424-5686

512-424-2078512-424-2023512-424-7920512-424-5474512-424-5079512-424-2474

512-424-2471512-424-7163512-424-2154512-424-2153512-424-2408512-424-5749512-424-5709512-424-5748512-424-2409512-424-2479512-424-2089512-424-2090512-424-2407

512-424-5248

512-424-2734512-424-2898512-424-7659512-424-2982512-424-2897512-424-2152512-424-2962512-424-2418512-424-3646512-424-2983512-424-2979512-424-2279

512-424-5836

512-424-2968512-424-7794512-424-7915512-424-7130512-424-7793512-424-2912 L

Fax order form to 512-424-5599Order Forms located at ftp:jjcrspub.txdps.state.tx.usj

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APPLICANT'SOR EMPLOYEE'SCRIMINALHISTORYRECORDINFORMATIONORIGINALAPPLICATIONFORACCESS: I PERSONWHOALREADYHASACCESS

CLASSB MISD. DEFERREDADJUDICATION

Disqualifierfor 10 years Suspension of Access for term of deferral

For Class B deferred adjudication that was completed between 5 and 10 years ago, agency headmay appeal to DPS for a waiver if there are mitigating circumstances.

(Continued from page 1)

the local law enforcement agency administrators. The DPS is not required to reviewevery applicant. Local agency administrators may authorize or deny access to FBI andDPS systems as designated in this policy statement. When a local criminal justiceagency reviews an individual's criminal history record information, please note the DPSconsiders a deferred adjudication as a conviction for screening purposes. Any questionsregarding the application of this policy should be referred to the Manager, Crime Informa-tion Bureau at the DPS (512) 424-2734. L

(Continued on page 6)

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FELONY CONVICTION

Permanent Disqualifier Permanent Revocation of Access

FELONY DEFERRED ADJUDICATION

Permanent Disqualifier Suspension of Access for 20 years

CLASS A MISD. CONVICTION

Permanent Disqualifier Suspension of Access for 10 years

CLASSA MISD. DEFERRED ADJUDICATION

Permanent Disqualifier Suspension of Access for term of deferral

CLASS B MISD. CONVICTION

Disqualifier for 10 years Suspension of Access for 10 years

For Class B Conviction that occurred between 5 For Class B Conviction that was completedand 10 years ago, agency head may appeal to DPS between 5 and 10 years ago, agency headfor a waiver if there are mitigating circumstances. may appeal to DPS for a waiver if there are

mitigating circumstances.

INDICTMENT FOR ANY CRIMINAL OFFENSE

Disqualifier until disposition Suspension of Access until disposition

FAMILY VIOLENCE CONVICTION

Permanent disqualifier Permanent Revocation of Access

The 2008 UniformCrime Reporting Conference willbe held at the Crowne Plaza in Austinfrom November 17th - November 19th, 2008. Sessions willinclude the new Sexual As-

sault Incident Reporting form, LEOKA,Drugs Seized, Summary and IBRdefinitions, SecureSite and more. The agenda and reservation numbers willbe provided at a later date. We

are limitingthe number of attendees to 300. Mark your calendars!

We have a newCJISFieldRepresentative, NickPerales. Mr.Perales started at the TXDPSin December 2007 in General Services and joined the CJISStaff in Crime Records, March2008. Nickwillbe assisting the counties in region nine with their Criminal HistoryReport-

ing. He is currently working on a Political Science degree at the Universityof Texas in SanAntonio and has recently moved to Austin to pursue a beneficial career path with DPS.Nick is an excellent addition to our team of field representatives and we look forward to

working with him.

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CJIS REGION CJIS REPRESENTATIVE CJIS REP. PHONE NO.

REGION ONE SHEILA BLEDSOE (903) 797-6120

REGION TWO JEFF MclLHANEY (979) 776-3167

REGION THREE JIM MERCHANT (512) 424-7552

REGION FOUR I CAROL OWSLEY (512) 424-7792

REGION FIVE I JC VILLANUEVA (512) 424-5068

REGIONSIX I VACANT (512) 424-7791

REGIONSEVEN RHONDADANIELS (512) 424-7651

REGIONEIGHT JOHN MORSE (512) 424-5067

REGIONNINE I NICK PERALES (512) 424-7618

REGION TEN I JAMES McELROY (512) 424-7614

Non-H.E.A.T.vs. H.E.A.T.Registered Vehicles

(Stolen and Recovered)

2008 Non-H.E.A.T.Registered (Monthly) 2008 H.E.A.T. Registered (Monthly)

15,00010,0005,000

0

+--0,062 . 10,123

III 1~06 III 1236

15

105

0

~""""'12

~ l1li2Jan Feb Jan Feb

-+- Stolen- Recoveries -+- Stolen- Recoveries

Abovedata does not represent Uniform Crime Reporting (UCR)statistics. H.E.A.T.VIN infor-

mation was compared against the Texas Crime Information Center (TCIC)stolen and recov-ery transactions. Possible TCICtransaction errors could exist reflecting the individual TCIC

system user and their knowledge of TCICpolicy and procedures. Since there is no known

measuring device to accurately designate the "reason" for these recoveries, a direct corre-lation between the H.EAT. Program and recovery data is not possible.

H.EAT. Agencies

(as of February 2008)

H.EAT. Vehicles in TCIC H.E.A.T. Hotline Calls

464

(As of February 2008)

39,802

(Jan.-Feb. 2008)

1,654

Top Five H.E.A.T.Counties Top Five H.E.A.T. Counties

(TXDOTregistered vehicles over 100,000 as of 02/08) (TXDOTregistered vehicles under 100,000, as of 02/08)

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TCICEntries Mail Order/Internet TCICEntries Mail Order/Internet

Dallas Bexar Nueces Hays

Harris Dallas Victoria Nueces

Bexar Harris Hays Victoria

Tarrant EI Paso Comal Guadalupe

EI Paso Tarrant Limestone Limestone

(Continued from page 3)

POLICY: TERMINALLNETWORK ACCESS

Individuals granted terminal access or access to any equipment that stores, processes,or transmits Texas or National CJISSystems data are required to pass a national finger-print-based background check. This includes contractors covered by a security adden-dum, as well as city, county, and other governmental IT staff under a management con-trol agreement with the criminal justice agency. The DPSconsiders all TCIC/NCICrecordinformation and CCH/III information as criminal justice data. Information derived fromthe Driver License system or the Vehicle Registration system via TLETSmay contain per-sonal and private information protected by federal or state statute but not by the FBI Se-curity policy.

To establish a practical process for screening in Texas that is consistent with the CJISSecurity Policy requirements, DPSapplies the community supervision history and convic-tion history standards contained in the Minimum Standards for Initial Licensure and Sus-pension of License of the Texas Commission on Law Enforcement Officer Standards andEducation (TCLEOSE)to persons requesting access to the Texas and national CJISsys-tems.

For persons who are peace officers:

The Department will allow access to FBI and DPSsystems to a person with a valid, activepeace officer license from TCLEOSE.This means regardless of any criminal history back-ground, the Department will grant access to a peace officer as long as the TCLEOSEli-cense remains valid and active.

For persons who are not peace officers:

The Department applies the TCLEOSEMinimum Standards for Initial Licensure and Sus-pension of License to determine eligibility for systems access. The complete TCLEOSElicensing requirements may be found in Title 37, Texas Administrative Code, Chapters217 and 223. The chart enclosed represents the TCLEOSErules utilized by the Depart-ment for access to the CJISsystems. Loca1Chiefs and Sheriffs should use the chart onpage 3 to make the appropriate decisions about these positions.

The local agency administrator (i.e. Chief, Sheriff, or their equivalent) may request a wav-ier to allow access to FBI and DPS systems. To qualify for a waiver, an individual musthave been convicted or placed on community supervision for a Class B misdemeanor atleast five (5) years prior to the application. The agency head must articulate in writingthat mitigating circumstances existed with the case and must attest to the value of theindividual to the criminal justice community. The request shall also include a statementthat the public interest would be served by reducing the denial period.

(Continued on page 7)

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(Continued from page 6)

Requests shall be addressed to the Director of DPSand mailed to the following address:

Texas Department of Public SafetyCrime Records Service - MSC0233Attn: Manager, Crime Information BureauP.O.Box 4143Austin, Texas 78765-4143

Future amendments to the TClEOSE Minimum Standards for Initial Licensure and Sus-pension of License will be examined by the Department to determine whether they re-main an appropriate measure of an individual's access to FBI and DPSsystems.

POLICY: HARD-COPY ACCESS ONLY

To make the Texas CJIS Systems fingerprint-based criminal history background

check requirements consistent with the national standards as expressed in the CJISSecu-

rity Policy, it is no longer necessary to process a national fingerprint-based backgroundcheck for those criminal justice agency employees with access to only "hard-copy" criminal

justice data. All other rules regarding dissemination, security and privacy relating to Texasor National CJIS Systems data are applicable to these hard-copy access employees and

agencies are authorized to perform fingerprint-based criminal history background checks, if

they elect to do so.

This policy change does not apply to the following individuals and each are still required to

pass a national fingerprint based background check: employees with terminal access or

access to any equipment that stores, processes, or transmits criminal justice data;

all contractor employees covered by a security addendum; city, county, and other govern-mental IT staff under a management control agreement; and employees authorized to re-quest transactions to be performed and receive the hard-copy results since this is tanta-

mount to terminal/network access. (Example: An analyst who requests a criminal history

background check from dispatch and receives the response for review would be required

to undergo the finger-print based background check).

A corresponding change is reflected in the background check requirements for non-

criminal justice agencies with statutory access to the Texas and national criminal history

record information for purposes such as licensing, employment, and volunteers.

If you have any questions regarding the "hard-copy" access policy change, please contact

the Manager, Crime Information Bureau at 512 424-2734.L

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TO: CRIME RECORDSSERVICETEXASDEPARTMENTOF PUBLICSAFETYPO BOX4143AUSTINTX 78765-4143FAX: 512-424-5599Please furnish the following supplies:

Date:

*DPSdoesnot pre-stampthe agencyORion any fingerprint card. Overnightservicesare availableat orderingagency'sexpense.

NOTE:Pleaseorder minimum of three weekssupply. Pleasesubmit orderat least4 weeksprior to depletion of yoursupplies.

NOTICE: Provide a complete shipping address (PO box (s) are acceptable).

AGENCYNAME.

STREETADDRESS"

COUNTY CITY STATE TX ZIP

ATTENTION PHONE NO. (-)---

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FORM NIUMBER DESCRIPTION # PER QUANTITYPACKAGE ORDERED

CR-6 DPS Applicant Card* 250 pjpkg

CR-12 DPS Identification Supplies Order Form 100 pjpad

CR-23 Out of State ProbationjParole Supervision Card Single cards

CR-26 Death Notice Form 100 pjpad

CR-42 Request for Crim inal History Check 100 pjpad

CR-43 Adult Criminal History Reporting Form with Preprinted TRN and Finger- 100 pjpkg

print Card Attached*

CR-43 Adult Criminal History Reporting Form with Fingerprint Card Attached* 100 pjpkg

CR-43J Juvenile Criminal History Reporting Form with Preprinted TRN and Finger- 100 pjpkg

print Card Attached*

CR-43J Juvenile Criminal History Reporting Form with Fingerprint Card Attached* 100 pjpkg

CR-43P Adult Probation Supervision Reporting From with TRN Numbers 200 pjpkg

CR-43P Adult Probation Supervision Reporting Form without TRN numbers 200 pjpkg

CR-44 Adult Supplemental Reporting Form 100 pjpkg

CR-44J Juvenile Supplemental Reporting Form 100 pjpkg

CR-44S Adult Supplementa I Court Reporting Form 100 pjpad

CR-45 Adult DPS Fingerprint Card* 250 pjpkg

CR-45J Juvenile DPS Fingerprint Card* 250 pjpkg

FD-249 FBI Arrest & Institution Fingerprint Card (Felony Card)* 500 pjpkg

FD-258 FBI Applicant Fingerprint Card* 500 pjpkg

FD-353 FBI Personal Identification Fingerprint Card* 500 pjpkg

R-84 FBI Final Disposition Notice 500 pjpkg

Fingerprint Card Retu rn Envelopes (For Arresting Agency OnIy) 100 pjbox