Public Safety and Correctional Services, who
serves ex officio, two executive officials of
police agencies, one executive official from
a correctional services agency, two elected
county officials, the Attorney General of
Maryland who serves ex officio, one elected
municipal official, one State's Attorney, and
one public member all appointed by the
Governor for three year terms. The Gov-
ernor designates the Chairman.
The Board advises the Secretary of the
Department of Public Safety and Correc-
tional Services and the Chief Judge of the
Court of Appeals on matters pertaining to
the development, operation, and mainte-
nance of the Criminal Justice Information
System as it relates to the security and pri-
vacy of criminal history record information.
The Board monitors the System; recom-
mends procedures and methods for the use
of criminal history record information for
research, evaluation, and statistical analysis
of criminal activity; recommends legislation
necessary to implement, operate, and main-
tain the System; and reports annually to the
Governor and the General Assembly on the
development and operation of the System.
The Secretary of the Department of Pub-
lic Safety and Correctional Services and the
Chief Judge of the Court of Appeals will
adopt rules and regulations for the estab-
lishment, operation, and maintenance of the
System. These rules and regulations will
include those governing the collection, re-
porting, and dissemination of criminal his-
tory record information by the courts and
all other criminal justice agencies; those
necessary to insure the security of the system
and all criminal history record information;
those governing the dissemination of crimi-
nal history record information consistent
with Federal law and regulations; those
governing procedures for inspecting and
challenging criminal history record informa-
tion; and those governing the auditing of
criminal justice agencies to insure that crimi-
nal history record information is accurate
and complete and is disseminated in ac-
cordance with provisions of the legislation.
The System's central repository will be
used for the collection, storage, and dissemi-
nation of criminal history record informa- |
tion. It will be operated by the Maryland
State Police.
The Act provided that every criminal
justice agency will report criminal history
record information to the central repository
and set up time requirements for reporting
various types of information and reporting
methods that may be used. The Secretary of
the Department of Public Safety and Cor-
rectional Services and the Chief Judge of
the Court of Appeals may determine the
events to be reported by each criminal jus-
tice agency to avoid duplication in reporting.
Regarding the rights of inspection and
challenge, a person may inspect criminal
history record information maintained by a
criminal justice agency concerning him or
her. The person may challenge the com-
pleteness, contents, accuracy, or dissemina-
tion of such information by giving written
notice of the challenge to the central re-
pository and the agency where the informa-
tion was inspected if other than the central
repository. The central repository will con-
duct an audit of that part of the person's
criminal history record information neces-
sary to determine the accuracy of the chal-
lenge. The central repository will notify the
person of the results of its audit within 90
days after receipt of the notice of challenge.
If it is determined that the challenge is
valid, the central repository will correct its
records and notify any criminal justice
agency which has custody of the informa-
tion. If the criminal justice agency has dis-
seminated the information, it will notify the
agency or person to whom the information
was disseminated.
If the challenge is denied, the central re-
pository will give written notice of the denial
to any agency with which a copy of the
challenge was filed. A person may not in-
spect any criminal history record informa-
tion if the information or any part of it is
relevant to a pending criminal proceeding.
The Secretary of the Department of Public
Safety and the Court of Appeals will adopt
appropriate rules and procedures for ad-
ministrative appeals from decisions by crim-
inal justice agencies denying the right of
inspection of or challenges made to criminal
history record information. A person ag- |
