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Administrative Rules
Rule 02:02:02 COMPLETENESS AND ACCURACY OF RECORDS

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.




Rule 02:02:02:01 Completeness and accuracy of records.

          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.




Rule 02:02:02:02 Retroactive applicability.

          2:02:02:02.  Retroactive applicability. Section 2:02:02:01 shall apply to all arrests made after 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.




Rule 02:02:02:03 External audit procedure.

          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.




Rule 02:02:02:04 Internal audit procedures.

          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.




Rule 02:02:02:05 Records required to facilitate audit.

          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.

Online Archived History: