Section 240IAC6-1.1-2. Definitions

   (a) "Criminal justice agency" for these purposes shall mean:

(1) Courts

(2) A government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. Included in this definition are the following:

(A) enforcement officers

(B) prosecutors

(C) authorized probation officers

(D) correctional institutions

  (b) "Department" means the Indiana state police department.

  (c) "Criminal history record information" means information collected by criminal justice agencies and maintained in a manual or automated file on individuals consisting of identifiable descriptions and notations of arrests, detention, indictment, or other formal criminal charge, and any disposition arising therefrom, including sentencing, correctional supervision, and release. Essentially, to qualify for inclusion in the definition, the individual records so assembled must contain both:

(1) Identification descriptions sufficient to identify the subject of the record.

(2) Notations regarding any formal criminal justice transactions involving the identified individual.

  (d) "Disposition" means information disclosing that criminal proceedings have been concluded.

  (e) "Executive order" means an order of the chief executive of the state which has the force of law and which is published in a manner permitting regular public access thereto.

  (f) "Council" means the security and privacy council created under HEA 1041.

  (g) "Limited criminal history" means information with respect to any arrest, indictment, information, or other formal criminal charge, which must include a disposition. However, information about any arrest, indictment, information, or other formal criminal charge which occurred less than one (1) year before the date of a request shall be considered a limited criminal history even if no disposition has been entered.

  (h) "Inspection" means visual perusal and includes the right to make memoranda abstracts of the information.

  (i) "Release" means the furnishing of a copy, or edited copy, of criminal history data.

  (j) "Reportable offenses" means all felonies and those Class A misdemeanors which the superintendent may designate.

  (k) "Request" means the asking for release or inspection of a limited criminal history by noncriminal justice organizations or individuals in a manner which:

(1) reasonably insures the identification of the subject of the inquiry; and

(2) contains a statement of the purpose for which the information is requested.

(State Police Department; 240 IAC 6-1.1-2; filed Mar 6, 1984, 2:47 pm: 7 IR 810; readopted filed Oct 17, 2001, 10:05 a.m.: 25 IR 935; readopted filed Jul 2, 2007, 3:01 p.m.: 20070711-IR-240070255RFA; readopted filed Dec 2, 2013, 10:29 a.m.: 20140101-IR-240130458RFA)