Section 106-K:3 Requirements for J-One.
I. J-One shall be designed to capture from member agencies criminal justice information relating to the following, and consisting solely of the data elements identified in the February 15, 2002 NH - CJIS Data Dictionary Version 1.0:
(a) Arrests and criminal incidents: including statistical data on criminal incidents, which is currently submitted to the National Incident Based Reporting System; and information relating to felony, misdemeanor and violation-level arrests such as the arrestee's name, date of birth, address, physical description, tracking number, motor vehicle registration information, driver's license information, aliases, social security number, photograph, fingerprint data, bail status, custody status, arraignment date, name of arresting officer, arresting agency, type of offense, charge or charges, date of offense, and date of arrest.
(b) Disposition and sentencing: including, but not limited to, the defendant's personal information and tracking number, court identifier, type of offense and statutory reference, manner of disposition, type and terms of sentence.
(c) Bail orders, bench warrants, and restraining orders: including, but not limited to, bail conditions, active arrest warrants and capiases, juvenile protective orders issued pursuant to RSA 169-C:16 or RSA 169-C:19, domestic violence protective orders issued pursuant to RSA 173-B, restraining orders issued pursuant to RSA 458:16, I(a), (b), (c), or (d), and stalking orders issued pursuant to RSA 633:3-a. Member agencies shall be able to access information through a query/response function.
II. (a) All criminal justice information entered into J-One related to a criminal charge, including arrest and bail information, shall be expunged from J-One upon the occurrence of any of the following events:
(1) The charge is nolle prossed.
(2) The defendant is acquitted of the charge.
(3) The charge is dismissed.
(4) A court has ordered expungement of the records pursuant to RSA 651:5.
(b) If an arrest resulted in multiple charges against a person, and less than all of the charges were disposed of in a manner listed above, only the information specifically relating to charge or charges that were dismissed, nolle prossed, or resulted in an acquittal shall be expunged.
(c) J-One shall, on a monthly basis, identify all criminal charges in the criminal justice information database that were entered 3 years earlier for which no dispositional data has been entered. J-One shall notify the court of record for each charge. If the charge has been disposed of, the court shall, within 90 days, enter the disposition into J-One. If the charge is still pending, the court shall so indicate in J-One. If, after 90 days, the court has not entered either a disposition or status update in J-One, J-One shall notify the charging agency. That agency shall, within 90 days, take the necessary steps to have the charge disposed of and the disposition entered into J-One. If the charging agency is pursuing the charge, it shall, within 90 days, submit a report to J-One indicating that the case remains active. If the agency does not respond, all criminal justice information relating to that specific charge shall be expunged. If the agency indicates that the charge is still active, J-One shall, every year thereafter, require a status update from the agency, provided no disposition has been entered in the interim.
III. J-One shall provide a communication link to the court case management system, for the purpose of exchanging case management information such as arraignment and hearing dates and transport orders.
IV. Until such time as the department of corrections is a fully-functional member of J-One, and as the department upgrades its computer system, J-One shall provide a query/response communications link to the department's offender management and field services case management computer system.
V. J-One shall include a notification function, which will alert a member agency that data matching a set of criteria, established by the agency with the approval of the board, has become available in the central repository. A notification may include, for example, notice to a parole/probation officer that a particular parolee has been detained or arrested by the police; or notice to a police officer that a person on whom the officer has submitted a query has outstanding warrants, bail conditions, or protective orders
VI. (a) The J-One system shall maintain a master name index, which shall only be populated by, and accessible to, authorized individuals within the state police, member police and sheriff's departments, and authorized investigators within the department of justice and the county attorneys' offices. Authorized member users may access the index only for purposes of obtaining information related to an on-going criminal investigation. For each query, the member user shall provide his or her name, the name of the person initiating the request, the name of the specific individual being queried and the agency case number to which the query is related.
(b) The master name index shall serve as a pointer system, enabling authorized users to determine which, if any, member agencies have information relating to a specific individual that the agency is willing to share. The data contained in the index shall be provided by law enforcement agencies on a voluntary basis, and shall consist of the following only: the individual's name, date of birth if known, known aliases, the contributing law enforcement agency, the agency case number, and the associated crime.
(c) The master name index shall not include the names of individuals who were witnesses to, or victims of the identified crime, nor shall it include non-criminal complainants.
(d) The master name index shall be maintained separately from the database for criminal justice information. It shall be accessible through a query function, by authorized member users only. A query in the master name index shall not enable the user to access the criminal justice information database. There shall be an audit trail for each query and for each entry of a name into the index.
(e) J-One shall, on a monthly basis, expunge from the master name index any name that has had no activity for 5 years. For purposes of this subparagraph, ""activity'' means any submission of additional information or query on the name with a new agency case number.
Source. 2005, 244:2, eff. Jan. 1, 2006.