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Administrative Rules
Rule 02:02:01 GENERAL PROVISIONS

CHAPTER 2:02:01

GENERAL PROVISIONS

Section

 2:02:01:01         Definitions.

 2:02:01:02         Scope of applicability.




Rule 02:02:01:01 Definitions.

          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.




Rule 02:02:01:02 Scope of applicability.

          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.

Online Archived History: