352/Maryland Manual

sary to implement, operate, and maintain the Sys-
tem; and reports annually to the Governor and
the General Assembly on the development and
operation of the System.

The Secretary of the Department of Public
Safety and Correctional Services and the Chief
Judge of the Court of Appeals adopt rules and
regulations for the establishment, operation, and
maintenance of the System. These rules and regu-
lations include those governing the collection, re-
porting, and dissemination of criminal history
record information by the courts and all other
criminal justice agencies; those necessary to in-
sure the security of the system and all criminal
history record information; those governing the
dissemination of criminal history record informa-
tion consistent with federal law and regulations;
those governing procedures for inspecting and
challenging criminal history record information;
and those governing the auditing of criminal jus-
tice agencies to ensure that criminal history
record information is accurate and complete and
is disseminated in accordance with provisions of
the legislation.

The System's central repository is used for the
collection, storage, and dissemination of criminal
history record information. It is operated by the
Maryland State Police.

The Act provides that every criminal justice
agency report criminal history record information
to the central repository and establish time re-
quirements for reporting various types of infor-
mation and reporting methods that may be used.
The Secretary of the Department of Public Safety
and Correctional Services and the Chief Judge of
the Court of Appeals may determine the events
to be reported by each criminal justice agency to
avoid duplication in reporting.

Regarding the rights of inspection and chal-
lenge, a person may inspect criminal history
record information maintained by a criminal jus-
tice agency concerning him or her. The person
may challenge the completeness, contents, accura-
cy, or dissemination of such information by giv-
ing written notice of the challenge to the central
repository and the agency where the information
was inspected if other than the central repository.
The central repository will conduct ar audit of
that part of the person's criminal history record
information necessary to determine the accuracy
of the challenge. The central repository will noti-
fy the person of the results of its audit within
ninety days after receipt of the notice of chal-
lenge. If it is determined that he challenge is val-

id, the central repository will correct its records
and notify any criminal justice agency that has
custody of the information. If the criminal justice
agency has disseminated the information, it will
notify the agency or person to whom the infor-
mation was disseminated.

If the challenge is denied, the central repository
will give written notice of the denial to any agen-
cy with which a copy of the challenge was filed.
A person may not inspect any criminal history
record information if the information or any part
of it is relevant to a pending criminal proceeding.
The Secretary of the Department of Public Safety
and Correctional Services and the Court of Ap-
peals adopt appropriate rules and procedures for
administrative appeals from decisions by criminal
justice agencies denying the right of inspection of
or challenges made to criminal history record in-
formation. A person aggrieved by a decision of
any administrative appeal including the central
repository and the criminal justice agency may
seek judicial review in accordance with the Ad-
ministrative Procedure Act and the Maryland
Rules,

Some portions of the legislation became effec-
tive July 1, 1976. These included the portions
dealing with the creation of the Advisory Board;
the rule-making authority of the Secretary of the
Department of Public Safety and Correctional
Services, the Court of Appeals, and the Chief
Judge; and the right of individual inspection,
challenge, and appeal (when the right of inspec-
tion or challenge is denied).

The remaining portions of the legislation be-
came effective December 31, 1977. These included
mandatory reporting requirements of criminal
justice agencies to the Central Repository; limits
on dissemination; security requirements; and
auditing and quality control requirements.

The Criminal Justice Information Advisory
Board consists of sixteen members who serve
three-year terms. The Governor appoints eight
members. They include two executive officials of
police agencies, one executive official from a cor-
rectional services agency, two elected county offi-
cials, one elected municipal official, one State's
Attorney, and one public member. The Senate
President appoints a Senate member and the
House of Delegates Speaker appoints a House
member to serve on the Board. The Chief Judge
of the Court of Appeals also appoints three
Board members from the judicial branch of State
government. Ex officio members include the Ex-
ecutive Director of the Criminal Justice Coordi-