North Carolina § 143B-902 - Division of Criminal Information.

§ 143B-902. Division of Criminal Information.

In addition to its other duties, it shall be the duty of the Department of Public Safety to do all of the following: To collect and correlate information in criminal law administration, including crimes committed, arrests made, dispositions on preliminary hearings, prosecutions, convictions, acquittals, punishment, appeals, together with the age, race, and sex of the offender, the necessary data to make a trace regarding all firearms seized, forfeited, found, or otherwise coming into the possession of any State or local law enforcement agency of the State that are believed to have been used in the commission of a crime, and such other information concerning crime and criminals as may appear significant or helpful. To correlate such information with the operations of agencies and institutions charged with the supervision of offenders on probation, in penal and correctional institutions, on parole and pardon, so as to show the volume, variety and tendencies of crime and criminals and the workings of successive links in the machinery set up for the administration of the criminal law in connection with the arrests, trial, punishment, probation, prison parole and pardon of all criminals in North Carolina. To collect, correlate, and maintain access to information that will assist in the performance of duties required in the administration of criminal justice throughout the State. This information may include, but is not limited to, motor vehicle registration, drivers' licenses, wanted and missing persons, stolen property, warrants, stolen vehicles, firearms registration, sexual offender registration as provided under Article 27A of Chapter 14 of the General Statutes, drugs, drug users and parole and probation histories. In performing this function, the Division may arrange to use information available in other agencies and units of State, local and federal government, but shall provide security measures to insure that such information shall be made available only to those whose duties, relating to the administration of justice, require such information. To make scientific study, analysis and comparison from the information so collected and correlated with similar information gathered by federal agencies, and to provide the Governor and the General Assembly with the information so collected biennially, or more often if required by the Governor. To perform all the duties heretofore imposed by law upon the Attorney General with respect to criminal statistics. To perform such other duties as may be from time to time prescribed by the Attorney General. To promulgate rules and regulations for the administration of this Article. History (1939, c. 315, s. 2; 1955, c. 1257, ss. 1, 2; 1969, c. 1267, s. 1; 1995, c. 545, s. 2; 1999-26, s. 1; 1999-225, s. 1; 2000-67, s. 17.2(a); 2001-424, s. 23.7(a); 2002-159, s. 18(a); 2012-182, s. 1; 2014-100, ss. 17.1(h), (ss).) Comprehensive Enterprise-Level Data Integration Capability. - Session Laws 2011-145, s. 6A.20(a)-(g), as amended by Session Laws 2011-391, s. 12(c), provides: "(a) The Office of the State Controller (OSC) shall continue the development of a comprehensive enterprise-level data integration capability, providing broad access to and analysis of information across State government. As part of this development effort, by October 1, 2011, OSC shall update the BEACON Strategic Plan for Data Integration and shall provide the updated plan to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division of the General Assembly. The priority of effort for data integration shall be the Criminal Justice Law Enforcement Automated Data System (CJLEADS). "The strategic plan shall comply with all necessary security measures and restrictions to ensure that access to any specific information held confidential under federal or State law shall be limited to appropriate and authorized persons. OSC shall also develop, document, and enforce security requirements for data integration initiatives, to include establishing and monitoring security standards for vendors supporting development and implementation efforts. "(b) There is created a Data Integration Steering Committee that shall have responsibility for overseeing all data integration efforts in the State. This Committee shall assume all of the BEACON Project Steering Committee roles and responsibilities for oversight of data integration projects. This Committee shall be chaired by the State Controller and shall include the following six voting members: "(1) One member appointed by the Governor with an information technology background and experience. "(2) One member appointed by the Governor with a background in law enforcement. "(3) One member appointed by the President Pro Tempore of the Senate with a background in government accounting. "(4) One member appointed by the President Pro Tempore of the Senate with government operations experience. "(5) One member appointed by the Speaker of the House of Representatives with a background in information technology. "(6) One member appointed by the Speaker of the House of Representatives with a background in business management. "Members shall not have any association with potential vendors." "The Director of the Office of State Budget and Management, the State Chief Information Officer, the State Treasurer, and the State Auditor shall serve as advisory members. "The Committee shall be housed in and supported by the Office of the State Controller. "(c) As part of the State's continuing effort to develop a comprehensive enterprise-level data integration capability, the Office of the State Controller shall develop an enterprise process to detect fraud, waste, and improper payments across State agencies. State agencies shall fully support and participate in OSC's efforts to develop an automated fraud detection system and shall upon request provide in a timely and responsive manner accurate, complete, and timely data, business rules and policies, and support for project requirements. The agency head shall verify, in writing, the accuracy, completeness, and timeliness of the data. If any support or data is not provided as needed for the automated fraud detection effort, the OSC shall report that failure to the General Assembly for further review and action. "In support of the automated fraud detection effort, the OSC shall: "(1) Develop a detailed long-range plan to implement an automated fraud detection system within State agencies. "(2) Determine costs, to include vendor costs, for the effort for five years, beginning July 1, 2011. "(3) Coordinate with State agencies to determine interest in participating in the project and to identify potential applications that can be included in an initial request for proposal. "(4) Establish priorities for developing and implementing potential applications. "(5) Evaluate savings resulting from each effort. "(6) Coordinate efforts with the State's data integration vendor to begin the implementation process. "(7) Establish a pilot to begin the implementation process and to identify and resolve issues associated with expansion of the initiative. "(8) Coordinate with participating agencies to ensure that each has the resources and processes necessary to follow up on incidents of fraud identified by the vendor. "(9) Provide recommendations to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division of the General Assembly on potential future initiatives and the cost and savings associated with each. "(d) Beginning October 1, 2011, the OSC shall provide quarterly reports to the chairs of the Appropriations Committee of the House of Representatives and the Appropriations•ase Budget Committee of the Senate, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division of the General Assembly. These reports shall include the following: "(1) Incidents, types, and amounts of fraud identified, by agency. "(2) The amount actually recovered as a result of fraud identification, by agency. "(3) Agency procedural changes resulting from fraud identification and the time line for implementing each. "(4) State costs for fraud detection for the previous quarter. "(5) Payments to the vendor for the previous quarter. "(6) Anticipated costs and vendor payments for each of the next two years from the date of the report. "(e) The Office of the State Controller is authorized to enter into an enterprise automated fraud detection contract for eight million dollars ($8,000,000) for a two-year contract period. Under the terms of the contract, payments are limited to the following payment schedule: "(1) December 2011 - $1,000,000. "(2) July 2012 - $3,000,000. "(3) December 2012 - $3,000,000. "(4) June 2013 - $1,000,000. "Further, payments shall be contingent upon achieving the anticipated schedule of benefits realization. To maximize cost reductions and savings, the Office of the State Controller shall enter into the agreement no later than September 1, 2011. To ensure this is a Public-Private Partnership, the Office of the State Controller shall ensure that the chosen vendor shall contribute resources valued at least five million dollars ($5,000,000) during each of fiscal year 2011-2012 and fiscal year 2012-2013 for the project's success. "(f) The Office of State Controller shall ensure that the State receives an appropriate share of intellectual property ownership or residuals, or both, accruing as a result of subsequent contracts between the vendor and third parties that utilize the innovations developed as a result of this contract. "(g) Of the funds appropriated from the General Fund to the Office of the State Controller, the sum of one million five hundred thousand dollars ($1,500,000) for the 2011-2012 fiscal year and the sum of seven million five hundred thousand dollars ($7,500,000) for the 2012-2013 fiscal year shall be used to support the enterprise process to detect fraud, waste, and improper payments across State agencies in each year of the biennium. Of these funds, five hundred thousand dollars ($500,000) each year shall be used by the Office of the State Controller to support the initiative. The remainder may be used to fund payments to the vendor. "According to the Revisor of Statutes, the Government Data Analytics Center subsumed the functions of the Office of the State Controller Government Business Intelligence Competency Center, which in turn had subsumed the functions of the steering committee created by S.L. 2011-145, s. 6A.20." Editor's Note. - Session Laws 1998-202, s. 16, provides: "The Department of Justice shall revise the Division of Criminal Information's juvenile arrest form that is used by State and local law enforcement agencies to provide more realistic reporting options and case disposition information. The Department of Justice shall rename the 'Juvenile Arrest' form the 'Juvenile Contact Report', with instructions to law enforcement 'Use to Record the Handling of Juveniles Who Commit Criminal Offenses' and shall amend the report based on the form included with Recommendation 51 of the March 10, 1998, final report of the Governor's Commission on Juvenile Crime and Justice." Session Laws 1999-26, s. 2, provides that the act shall not be construed to obligate the General Assembly to make any appropriation to implement its provisions. Each department and agency to which the act applies shall implement the provisions of the act from funds otherwise appropriated to that department or agency. Session Laws 2001-424, s. 23.7(b), provides: "The Division of Criminal Statistics shall establish a procedure and a schedule for the reporting of the information required by this act to the Division. The Division shall print and supply all forms necessary for the collection of this information." Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2001'." Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium." Session Laws 2001-424, s. 36.5, is a severability clause. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. This section was formerly G.S. 114-10. It was recodified as G.S. 143B-902 by Session Laws 2014-100, s. 17.1(h), effective July 1, 2014. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2014-100, s. 17.1(ss), effective July 1, 2014, substituted the present section catchline for the former, which read: "Division of Criminal Information"; rewrote the introductory language; substituted "Department" for "Division" in the second sentence of subdivision (2); and deleted former subdivision (5), which read: "To perform such other duties as may be from time to time prescribed by the Attorney General." Session Laws 2012-182, s. 1, effective July 12, 2012, substituted "Information" for "Statistics" in the section heading, and in the first sentence of the introductory paragraph. Opinions of Attorney General Traffic Stop Information as Public Record. - The identity of a state law enforcement officer making a traffic stop is not a public record, but the location of a traffic stop is a public record. See opinion of Attorney General to Mr. Joseph P. Dugdale, General Counsel, Department of Crime Control & Public Safety, 2000 N.C. AG LEXIS 37 (7/20/2000).