OAR 257-010-0015: Definitions

(1) “Criminal Offender Information” means records and related data as to the physical description and vital statistics, including fingerprints and photographs, received, compiled, and disseminated by the Oregon State Police for purposes of identifying criminal offenders and alleged offenders. Records of arrest, the nature and disposition of criminal charges, including sentencing, confinement (confinement shall not include the retention by the Oregon State Police of records of transfer of inmates between penal institutions or other correctional facilities), parole, and release, and includes the OSP Computerized Criminal History System. (2) “Agency Agreement” means a written agreement between Oregon State Police and a Criminal Justice or Designated Agency as defined by ORS 181A.010(5) authorized to receive criminal offender information, or between Oregon State Police and any state, federal, Native American tribe or private agency specifically granted authority by statute to receive Oregon criminal offender information, specifying the terms and conditions of accessing and receiving Oregon Criminal History Record Information (CHRI). (3) “Computerized Criminal History (CCH) System” means the administration and maintenance of on-line computer files of significant criminal offender information. (4) “OSP” means the Oregon State Police and includes the CCH unit, the Automated Biometric Identification System (ABIS) unit,, the Firearms Instant Check System, the Oregon Sex Offender Registry, and the Law Enforcement Data System (LEDS). (5) “Oregon CCH System” means the Oregon Computerized Criminal History System. (6) “Federal Criminal Offender Information System” means the national computerized criminal history system maintained and operated by the Federal Bureau of Investigation (FBI) which includes the Interstate Identification Index. (7) “Criminal Justice Agency” as defined in ORS 181A.010 means: (a) The Governor; (b) Courts of Criminal Jurisdiction; (c) The Attorney General; (d) District Attorneys, City Attorneys with criminal prosecutive functions and public defender organizations established under ORS Chapter 151; (e) Law Enforcement Agencies; (f) The Department of Corrections; (g) The State Board of Parole and Post-Prison Supervision; (h) The Board on Public Safety Standards and Training; and (i) Any other state or local agency with law enforcement authority designated by order of the Governor. (8) “Designated Agency” means any state, county or municipal government agency where Oregon criminal offender information is required to implement a federal or state statute, executive order or administrative rule that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct or for agency employment purposes, or licensing purposes, or other demonstrated and legitimate needs when designated by order of the Governor. (9) “Regional Information Sharing System (RISS)” means an interjurisdictional intelligence system, in whatever form, designed pursuant to 42 USC § 3796(h) and 23 CFR Part 23 to identify, target, and remove criminal conspiracies and activities and terrorist conspiracies and activities that occur across law enforcement and state jurisdictional boundaries. (10) “CJIS Systems Agency (CSA)” means the agency within each state which is responsible for the state’s computer link with the National Crime Information Center and The International Justice and Public Safety Network known as NLETS, and which is responsible for ensuring that NCIC and NLETS system security and operational policies and procedures are carried out within the state. (11) “Law Enforcement Agency” as defined in ORS 181A.010(7) (12) The “Administration of Criminal Justice” means the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage, and dissemination of criminal history record information; and criminal justice employment. In addition, administration of criminal justice includes “crime prevention programs” to the extent access to criminal history record information is limited to law enforcement agencies for law enforcement programs (e.g., record checks of individuals who participate in Neighborhood Watch or “safe house” programs) and the result of such checks will not be disseminated outside the law enforcement agency. (13) “Firearm Instant Check System” means information received from Oregon Gun Dealers as defined in 18 U.S.C. § 921, concerning the selling, leasing or otherwise transferring a firearm and compiled by the Oregon State Police under authority of ORS 166.412 for purposes of determining if the person purchasing the firearm is disqualified from purchasing a firearm under Oregon or Federal Law and if the firearm being purchased is stolen. (14) “Authorized agency” means the Department of State Police or other governmental agency designated by the state to report, receive or disseminate criminal offender information. (15) “Qualified entity” means a business or organization that: (a) Provides care or placement services, or licenses or certifies others to provide care or placement services, for children, elderly persons or dependent persons; (b) Is not governed by a state regulatory or licensing agency; and (c) Has been determined by an authorized agency to meet the criteria established by the authorized agency by rule under subsection (9) ORS 181A.190. (16) “Subject individual” means a person who is employed or seeks to be employed by a qualified entity or who is providing services or seeks to provide services to a qualified entity on a contractual or voluntary basis. (17) “Organization” means a qualified entity, as defined in ORS 181A.190 that: (a) Is exempt from taxation under section 501(c) of the Internal Revenue Code, as amended and in effect on January 1, 2002; and (b) Provides mentoring programs or tutoring programs. (18) “Tutoring program” means a program that provides a committed, sustained, one-to-one relationship between a volunteer and a youth, dependent person or elderly person. A sustained relationship typically lasts nine months or longer. (19) “Youth” means a person who has not attained 18 years of age. (20) “Dependent person” means a person who, because of physical or mental disability, or medical disability due to alcohol or drug dependence, needs mentoring or tutoring programs. (21) “Elderly person” means a person 65 years of age or older. (22) “SOR” means the Oregon Sex Offender Registry.