CHAPTER 2:02:01
GENERAL PROVISIONS
Section
2:02:01:01 Definitions.
2:02:01:02 Scope of applicability.
2:02:01:01. Definitions. Words used in this article, unless the context plainly requires otherwise, mean:
(1) "Criminal history record information," information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system;
(2) "Criminal justice agency," a governmental agency or subunit which performs any of the following activities: collection and dissemination of criminal history records information, detection, apprehension, detention, pre-trial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of persons accused of or convicted of a criminal offense;
(3) "Director," the director of the bureau of criminal statistics as defined in SDCL 23-6-2;
(4) "State registry," the registry of criminal history record information maintained pursuant to § 23-3-16 and Chapters 23-5 and 23-6 of the South Dakota Codified Laws.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
2:02:01:02. Scope of applicability. The provisions of this article apply only to the criminal history record information kept in the state registry by the division of criminal investigation pursuant to § 23-3-16 and Chapters 23-5 and 23-6 of the South Dakota Codified Laws.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
CHAPTER 2:02:02
COMPLETENESS AND ACCURACY OF RECORDS
Section
2:02:02:01 Completeness and accuracy of records.
2:02:02:02 Retroactive applicability.
2:02:02:03 External audit procedure.
2:02:02:04 Internal audit procedures.
2:02:02:05 Records required to facilitate audit.
2:02:02:01. Completeness and accuracy of records. Criminal history record information maintained in the state registry shall be complete and accurate and if the registry contains information that an individual has been arrested, the registry shall also include information of any disposition in South Dakota which has occurred in regard to the particular case and individual, within ninety days after the disposition has occurred.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
2:02:02:03. External audit procedure. Local criminal justice agencies making inquiries of the state registry of criminal history records are authorized to make periodic inquiries of the state registry for current disposition records to insure that the current disposition information required by § 2:02:02:01 is entered on the state's registry files.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
2:02:02:04. Internal audit procedures. At least once every year, the director shall select a representative sample of files in the state registry and audit such files to insure compliance with the provisions of 41 Federal Register 11714 (March 19, 1976).
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
2:02:02:05. Records required to facilitate audit. To facilitate the audit provided by §§ 2:02:02:02 and 2:02:02:03, the state registry shall maintain records which show the date on which criminal history record information is received by the state registry and, if such information is disseminated to someone other than a state, local or federal repository of criminal history record information, the date of the release of such information and the identity of the person or agency to whom it is released.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
CHAPTER 2:02:03
ACCESS AND REVIEW
Section
2:02:03:02 Requests for corrections in record.
2:02:03:03 Request for dissemination of information.
2:02:03:04 Notification of agencies receiving information.
2:02:03:05 Limitation on access and review of criminal record information.
2:02:03:06 Specific agencies authorized access to registry information.
2:02:03:01. Access and review. Any individual shall have the right to review his or her criminal history record information file maintained in the state registry and to obtain a copy of the same at his or her expense. Review of criminal history record information under this section shall be available only upon verification of the identity of the individual and at times which do not place an undue burden on the state registry.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
2:02:03:02. Requests for corrections in record. If an individual finds material in his criminal history record information file in the state registry which he believes to be inaccurate or incomplete, he may request that the necessary corrections be made in his record file. If the state registry refuses to make the requested changes, the individual shall be entitled to appeal the decision under the provisions of SDCL 1-26-30.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
2:02:03:03. Request for dissemination of information. Upon request, an individual whose record has been corrected pursuant to § 2:02:03:02, shall be given the names of all non-criminal justice agencies, if any, to whom the data has been given.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
2:02:03:05. Limitation on access and review of criminal record information. An individual's right to access and review of his or her criminal history record information, shall not extend to data contained in intelligence, investigatory or other related files, and shall not be construed to include any other information than criminal history record information as defined in § 2:02:01:01.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
(1) The Governor of the state of South Dakota;
(2) Criminal justice agencies for the administration of criminal justice;
(3) Criminal justice agencies for the purpose of criminal justice agency employment;
(4) Federal agencies where required by federal statute or federal executive order for security clearance, employment or international travel;
(5) Pursuant to court orders.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6, 23-6-14.
CHAPTER 2:02:04
GENERAL REPORTING REQUIREMENTS
Section
2:02:04:01 Reporting deadline for criminal history records information.
2:02:04:02 Reporting deadline for criminal records history information on repeat offenders.
2:02:04:03 Consequences of noncompliance.
2:02:04:01. Reporting deadline for criminal history records information. Any agency required to report criminal history record information to the state registry shall submit the information to the state registry within ten working days of the availability of the information to said agency.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
2:02:04:02. Reporting deadline for criminal records history information on repeat offenders. All agencies required to report criminal history record information to the state registry shall report all information relating to persons having their fourth felony arrest or second felony conviction, within forty-eight hours of the information being available to them.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
2:02:04:03. Consequences of noncompliance. Failure to comply with §§ 2:02:04:01 and 2:02:04:02 will make an agency requesting information from the state registry ineligible to receive any information from the state registry or assistance from the director until the submission of all required criminal history records information is completed according to the provisions of this article.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
CHAPTER 2:02:05
GENERAL ADMINISTRATIVE PROCEDURES
Section
2:02:05:01. Requests for declaratory rulings.
2:02:05:01. Requests for declaratory rulings. Petitions may be filed with the director for the purpose of requesting a declaratory ruling as to the applicability of any statutory provision, any provision of this article or any final order of the director to a given set of facts. The petition shall be in writing and contain all pertinent facts necessary to inform the director of the nature of the problem on which a ruling is requested. The director may request additional facts as he deems necessary to make his ruling.
Source: 3 SDR 36, effective November 14, 1976.
General Authority:SDCL 23-5-1, 23-5-2, 23-6-2, 1-26-1(7).
Law Implemented:SDCL 23-5-1, 23-5-2, 23-6-2, 23-6-4 to 23-6-6.
