Fillable Commonwealth of Massachusetts DCJIS ESE Agency SAFIS User Agreement

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Commonwealth of Massachusetts DCJIS ESE Agency SAFIS User Agreement

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NON-CRIMINAL JUSTICE AGENCY USER AGREEMENT
FOR RELEASE OF CRIMINAL HISTORY RECORD INFORMATION (CHRI)
between the
MASSACHUSETTS DEPARTMENT OF CRIMNAL JUSTICE
INFORMATION SERVICES (DCJIS)
and
Agency Name
Agency Organization Code
Address
City
State
ZIP Code
Full Name and Title of Agency Head (Superintendent, Head of School, etc.)
Telephone Number
Fax Number
Email Address
I.
PURPOSE
This User Agreement identifies the duties and responsibilities of both the DCJIS and the non-
criminal justice agency (hereinafter referred to as “NCJA” or “Agency”) as they relate to
requesting and handling requests and responses for state and national fingerprint-based
criminal background checks.
The NCJA agrees to follow the terms of this agreement and will only submit requests for,
review, and store CHRI background checks in accordance with M.G.L. c. 71, § 38R, 42
USC 16962,Public Law 92-544,and other applicable federal and state laws and regulations.
II.
THE PARTIES AGREE AS
FOLLOWS The DCJIS will:
1.
Provide criminal history record information (CHRI) in response to submitted
fingerprint- based background checks, either to the NCJA or to the appropriate agency
that reviews criminal histories for the NCJA;
2.
Provide assistance to the Agency in interpreting CHRI;
3.
Work to ensure the completeness and accuracy of the CHRI;
4.
Conduct audits to ensure compliance with this Agreement; and
5.
Cease providing information to the Agency if this Agreement is violated or if the Agency
is suspected of violating this Agreement.
The NCJA will:
1.
Abide by the terms and conditions identified in this Agreement;
2.
Abide by the terms of the current version of the FBI CJIS Security Policy (CSP) and any
subsequent versions;
3.
Comply with state and federal laws, rules, procedures, and policies, including those
adopted by the DCJIS and the National Crime Prevention and Privacy Compact Council
(Compact Council) regarding the use and dissemination of CHRI;
4.
Use CHRI only for the purpose requested;
5.
Submit requests for CHRI checks only as authorized by law:
6.
Provide for the security of any criminal history record information received.
This includes, but is not limited for:
a.
designating a Local Agency Security Officer (LASO) who is responsible for
ensuring compliance with security procedures and this User Agreement.
b.
ensuring all personnel with access to CHRI are aware of the rules and
responsibilities with regard to CHRI and have completed the required training.
c.
restricting access to physical or electronic copies of CHRI to authorized
personnel. Physical copies shall be maintained in a controlled, secure
environment such as a locked cabinet in a room not accessible to all staff and
visitors. Electronic copies shall be protected with at least 128-bit encryption. The
relevant federal encryption standard is FIPS 140-2.
d.
sharing CHRI only when explicitly allowed by law and logging any CHRI
dissemination. Logs shall include, at a minimum, the subject’s name, the
subject’s date of birth, the date and time of dissemination, the name of the person
to whom the CHRI was disseminated along with the name of the organization for
which the person works, and the specific reason for dissemination.
e.
tracking and reporting information security incidents such as the theft/loss
of physical records or the penetration of electronic systems.
f.
disposing of CHRI in the required, secure manner. Physical media must be
cross- shredded and/or burned, and electronic records must be deleted and
repeatedly over-written with random 0s and 1s, or the media must be degaussed.
7.
Understand this data is based on CHRI received by the DCJIS. If a person could be
adversely affected by this data, the person must be given the opportunity to challenge
and correct a record before a final decision is rendered on the basis of the CHRI;
8.
Retain audit records for at least 365 days. Once the minimum retention time period has
passed, the agency shall continue to retain audit records until they are no longer need
for administrative, legal, audit, or other operational purposes;
9.
Allow the DCJIS and the FBI to conduct audits to ensure compliance with this
Agreement; and
10.
Respond to, and cooperate with, the investigation of any complaints alleging a violation
of this agreement or of the laws, regulations, and policies pertaining to access to, and
use of, CHRI information.
III.
CRIMINAL HISTORY RECORD INFORMATION LIMITATIONS
The NCJA understands that CHRI has the following limitations:
1.
CHRI is based solely upon arrest fingerprint cards submitted to the Massachusetts State
Police (MSP) State Identification Section (SIS) and to the FBI. The arrest warrant file,
sex offender file, or other databases maintained by the DCJIS are not part of the CHRI
search.
2.
CHRI is compiled from information submitted to the MSP SIS and to the FBI by law
enforcement agencies (hereinafter referred to as contributing agencies). Although the
MSP SIS makes reasonable efforts to ensure all information is submitted as required by
State law, it is not responsible for omissions from contributing agencies.
3.
Although the MSP SIS encourages the reporting of all arrests for felony, misdemeanor,
and drug violations, Massachusetts law enforcement agencies are only required to
submit fingerprints on felony and drug-related arrests.
4.
CHRI is constantly being updated as new arrests and other information are entered into
the system by contributing agencies. The record released is only valid as of the date the
record check was performed.
5.
Certain statutes allow for the suppression or deletion of records, and this information is
not provided.
6.
The MSP SIS retains records for the State of Massachusetts only. Most fingerprint-based
background checks include a check through the Federal Bureau of Investigation (FBI),
which the MSP SIS will request on the NCJA’s behalf as a normal part of the criminal
background check, if allowed by law.
IV. PERSONNEL SECURITY AND TRAINING REQUIRMENT
Individuals within the NCJA who have direct access to CHRI or to systems containing CHRI are
subject to criminal history record checks performed by the DCJIS. The NCJA agrees to ensure
that all affected personnel are screened as provided in this agreement.
Access will be denied if the individual has ever had a felony conviction of any kind, no matter
when it occurred. Access may be denied if the individual has one or more recent misdemeanor
convictions. In addition, an individual believed to be a fugitive from justice, or having an arrest
history without convictions, will be reviewed to determine if access to CHRI is appropriate. The
DCJIS will take into consideration extenuating circumstances where the severity of the offense
and the time that has passed would support a possible variance.
In addition to the above, CHRI access will be discontinued for any person who is subsequently
arrested for, or convicted of, a crime. The NCJA’s Local Agency Security Officer (LASO) must
report such incidents to the CJIS Systems Officer at the DCJIS for review before access may be
reinstated. The NCJA further agrees that where authorized by law, support personnel,
contractors, vendors, and custodial workers with access to controlled areas during CHRI
processing will undergo state and/or national criminal background checks unless escorted by
authorized personnel at all times.
The LASO will be responsible for reporting all personnel security clearance requests and issues
to the DCJIS CSO within five (5) business days.
An informed review of CHRI results requires training. As such, the NCJA agrees that all
authorized personnel, including those personnel with direct access to SAFIS-R and those that will
access SAFIS results, will complete the required training and review all training materials made
available by the DCJIS. Furthermore, all authorized personnel must also execute a Criminal
Record Information (CORI/CHRI) Individual Agreement of Non-Disclosure (AOND) form.
IV.
PHYSICAL AND ELECTRONIC SECURITY OF CHRI
The NCJA is responsible for ensuring the physical and electronic security of CHRI at all times.
Therefore, the NCJA must adhere to the following:
1.
CHRI shall only be processed in controlled areas with limited access.
2.
Computers which provide access to CHRI data shall not be logged in when unattended.
3.
Authorized users shall not share Usernames and Passwords.
4.
Documents shall not be left out in the open as they could be viewed by unauthorized
individuals.
5.
Computer screens and CHRI shall not be viewable by unauthorized individuals.
6.
File cabinets and record rooms shall be locked when unattended.
V.
INCIDENT RESPONSE REQUIREMENTS
A “security incident” is defined as (a) unlawful or unauthorized access to, and/or
dissemination of, any CHRI stored on the NCJA’s equipment or in the NCJA’s facilities
resulting in access to, or loss, disclosure, or alteration of, CHRI, or (b) unlawful or
unauthorized access to such facilities or equipment resulting in access to, or loss, disclosure,
or alteration of, CHRI.
The NCJA LASO shall report any and all security incidents to the DCJIS Information
Security Officer (ISO) within 48 hours of the discovery of the incident.
VII DOCUMENT SIGNOFF
This Agreement commences on the date the last signature is obtained below and continues until
terminated by one of the parties. This Agreement may be terminated sooner by one of the parties
upon 14 days written notice or immediately upon a violation of the terms of the Agreement.
NON-CRIMINAL JUSTICE AGENCY
Signature of Agency Head (Superintendent, Head of School, etc.)
Title
Print or Type Name
MASSACHUSETTS DEPARTMENT OF CRIMINAL JUSTICE INFORMATION
SERVICES
Signature of CJIS Systems Officer, DCJIS
Print or Type Name
James F. Slater, III
Submit the completed Agreement via U.S. Mail or via email to:
Massachusetts Department of Criminal Justice Information Services
ATTN: SAFIS Unit
200 Arlington Street, Suite 2200
Chelsea, MA 02150
Telephone: 617.660.4790
Email: safis@state.ma.us
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Commonwealth of Massachusetts DCJIS ESE Agency SAFIS User Agreement

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Completed 22 May 2020

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