Tenn. Comp. R. & Regs. 1395 — Tennessee Bureau of Investigation

Chapter 1395-01-01 Tennessee Crime Information Center

Tenn. Comp. R. & Regs. 1395-01-01-.01 SHORT TITLE

These rules shall be known and may be cited as the Rules of the Tennessee Crime Information Center.

History

Authority: T.C.A. §§38-10-103 and 38-6-107.
Administrative History: Original rule filed October 30, 1986; effective January 27, 1987. Repealed and new rule filed November 16, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-01-.02 STATEMENT OF INTENT AND APPLICATION

(1) Intent - It is the intent of the Legislature to accumulate in one place all of the vital information relating to crimes, criminals and criminal activities generated by the actions of all state and local law enforcement agencies performing duties in relation thereto, thereby establishing a criminal justice information system for substantive use by all participants and statistical analysis and use by the government and private sectors. It requires the Director of the Tennessee Bureau of Investigation to construct the crime data elements by specifying the content and form of reports and to establish the communications system for intrastate submission and sharing of the data, by agreements between the Tennessee Bureau of Investigation, Federal Bureau of Investigation and National Law Enforcement Telecommunications Systems.

(2) Application - To make the system complete and effective, the Legislature requires the participation of all state, county and municipal and correctional agencies and courts. The participation is made uniform, efficient and effective by the promulgation and adoption of rules by the Director of the Tennessee Bureau of Investigation.

(3) System Scope - As mandated, TBI will design, procure, operate, manage and control computer hardware and associated software to enable it to establish a system for the intrastate communication and exchange of all vital information, including statistical analysis thereof, relating to crime, criminals and criminal activity. It will, at a minimum:

(a) Provide a communications network with adequate computer hardware and software for use by law enforcement agencies;

(b) Provide certainty of identification of people with their criminal activity and records;

(c) Create a data base for the storage, management and distribution of the vital crime information for maximum interactive and relational use; and (d) Comply with all state and federal laws relating to the privacy and security of the data.

(4) Interaction of Data Programs - It is the intent of the Tennessee Bureau of Investigation that this reporting and operating system be fully compatible with the requirements of all similar Federal programs. The duties required of all state and local agencies which participate in the criminal justice system are specified and regulated by numerous statutes and laws relating to the various agencies. It is not the intent of the rules promulgated herein to create new duties or activities, or to change existing required duties, but rather to provide a more precise, uniform and effective manner in which the information generated and used by the various agencies in their operations may be reported, collected, managed and distributed timely and efficiently for maximum use and effectiveness by all agencies having need thereof while maintaining the integrity of actions and files of all participating agencies.

(5) Control - It is the intent of the Tennessee Bureau of Investigation to ensure that this reporting system fully complies with all federal and state constitutional, statutory, and case law protecting and regulating the rights of privacy and other individual rights.

History

Authority: T.C.A. §§38-6-109 and 38-10-101 through 103.
Administrative History: Original rule filed October 30, 1986; effective January 27, 1987. Repealed and new rule filed November 16, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-01-.03 DEFINITIONS

(1) Administration of Criminal Justice - The performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused person or criminal offenders; criminal identification activities; and the collection, storage, and dissemination of criminal history records and crime data information.

(2) AFIS - Automated Fingerprint Identification System that contains the complete Bureau fingerprint files, which provide the certainty of positive identification of every criminal history, and the associated hardware/software required to manage this data.

(3) Bureau - Tennessee Bureau of Investigation (TBI).

(4) CFR - Code of Federal Regulations (5) CHRI - Criminal History Record Information in computerized form.

(6) CHR - Criminal History Record of a person who has been arrested and charged with having committed a criminal offense.

(7) Criminal Justice Agency - Means (a) courts; or (b) a governmental agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order, and which allocate a substantial part of its annual budget to the administration of criminal justice (more than 50%) or performs a legally authorized function which results in arrest of accused persons and/or institution of criminal charges. State and Federal Inspector General offices are included.

(8) Criminal Justice Information - Information received, generated, collected, modified, or artificially created by criminal justice agencies that is needed for the performance of their legally authorized functions. This includes, but is not limited to, information on: wanted persons, stolen property, criminal histories, commencement and termination of prosecution, identification of criminal acts and conduct; and information compiled in the course of the investigation of crimes that are known or believed on "justifiable suspicion" or reasonable grounds to have occurred, or to be in the planning or conspiratorial process, including information on identifiable individuals compiled in an effort to anticipate, prevent, or monitor criminal activity, and information artificially created from the analysis and combination of other data.

(9) CJIS - Criminal Justice Information Services, maintained by the FBI.

(10) CTA - Control Terminal Agency maintained by the TBI and approved by the FBI/NCIC for the State of Tennessee for control of the TIES network.

(11) Director - The Director of the TBI.

(12) Full Access - A TIES agency which makes entries into NCIC and TCIC files.

(13) LAN - Local Area Network.

(14) Law Enforcement Agency - A governmental agency having statutory power of arrest whose primary function is that of detection, apprehension, and institution of prosecutions and which allocates more than fifty percent (50%) of its budget to the administration of criminal justice. Includes all police and sheriffs departments and offices.

(15) NCIC - National Crime Information Center, operated by the FBI.

(16) NIBRS - National Incident Based Reporting System.

(17) NIST - National Institute of Standards and Technology.

(18) NLETS - National Law Enforcement Telecommunications System is a nonprofit incorporated organization made up of representatives of law enforcement agencies from each of the fifty (50) states, District of Columbia, Puerto Rico, and several federal law enforcement agencies.

(19) Non-Terminal Agency - An agency accessing the TIES by means of a Terminal Agency.

(20) POST - Police Officer Standards and Training.

(21) Query-Only Access - A TIES agency that is programmatically prohibited from making entries into the NCIC and TCIC files.

(22) Satellite - A Terminal Agency accessing the TIES through another agency’s computer.

(23) SID - State Identification Number, a unique identification number assigned by the TBI to each person for whom a criminal history is established pursuant to a fingerprint identification, or a number assigned to any other person for whom a file is required to be maintained by TBI pursuant to law but is not based upon a fingerprint identification.

(24) TCIC - Tennessee Crime Information Center, operated by the TBI and required by Chapter 10 of Title 38 of the Tennessee Code Annotated.

(25) Terminal Agency - An agency accessing the TIES by means of a computer system or terminal.

(26) TIBRS - Tennessee Incident Based Reporting System.

(27) TICIC - Tennessee Internet Crime Information Center.

(28) TIES - Tennessee Information Enforcement System is a hardware/software system dedicated to linking law enforcement agencies with one another and/or with databases and transmitting law enforcement information.

(29) TRAP - Tennessee Repository for the Apprehension of Persons is an automated tracking mechanism to assist in the apprehension and subsequent prosecution of fugitives from justice.

(30) UCR - Uniform Crime Reporting, operated by the FBI.

(31) WAN - Wide Area Network.

History

Authority: T.C.A. §§38-6-107, 38-6-109, 38-6-116, and 38-10-101 through 103.
Administrative History: Original rule filed October 30, 1986; effective January 27, 1987. Repealed and new rule filed November 16, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-01-.04 APPLICABILITY OF FEDERAL AND STATE LAWS, RULES, REGULATIONS AND

GUIDELINES.

(1) The operations of the Tennessee Crime Information Center and all of its component systems are subject to and controlled by the federal and state constitutions, all applicable federal and state law, all rules, regulations and guidelines promulgated by NCIC and NLETS, and these rules.

(2) The system design and operation shall protect the integrity, confidentiality, and privacy of crime data and information in the transmission, storage and use modes.

(3) The following minimum standards will be followed:

(a) Prevention of willful disclosure or delivery to persons not authorized by law to receive or handle the data; and (b) Use of facilities, equipment or personnel which would directly expose the information to unauthorized persons or place the equipment and facilities within the control of unauthorized persons who could gain unauthorized access to the data.

History

Authority: T.C.A. §§ 38-6-102(e), 38-6-107, 38-10-101, 38-10-103, 38-10-107, and 38-10-10.
Administrative History: Original rule filed October 30, 1986; effective January 27, 1987. Repealed and new rule filed November 16, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-01-.05 SCOPE OF RULES

(1) These rules and regulations govern the generation, reporting (collecting), management, analysis and dissemination of vital information and statistics relating to crime, criminals, and criminal activity, including uniform crime reports, and the system of communication to accomplish this.

(2) These rules and regulations govern the procedures for the official attestation, sealing, and certification of records when required or authorized by law.

History

Authority: T.C.A. §§38-6-101, 38-6-102(e), 38-6-107, and 38-10-103.
Administrative History: Original rule filed October 30, 1986; effective January 27, 1987. Repealed and new rule filed November 16, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-01-.06 TENNESSEE INFORMATION ENFORCEMENT SYSTEM (TIES)

(1) All of the official rules, regulations and operating procedures of the FBI, NCIC and NLETS are hereby adopted and made applicable to the operation of TIES.

(2) Compliance - All Agencies having access to TIES as terminal or satellite terminal agencies shall comply with all rules, regulations and guidelines of NCIC, NLETS and TCIC.

(3) Access - Only statutorily authorized agencies will be permitted to connect computer devices to the TIES. Terminals of statutorily authorized agencies not meeting the definition of a criminal justice or law enforcement agency will be limited to the contribution and acquisition of the data authorized by statute for said agencies and prohibited from accessing NCIC and NLETS terminals and data bases, which would be in violation of laws and rules governing these agencies. All statutorily authorized agencies will meet the following criteria:

(a) Equipment - All terminal equipment and software interfaced to TIES and constituting a part of TIES shall be compatible, as determined by TBI, with the TIES equipment and protocol.

(b) Classification of Agencies - Agencies interfacing computer terminals to the TIES or receiving information from TCIC are divided into the following nine classes.

Class One shall consist of governmental law enforcement agencies or criminal justice agencies which meet the criminal justice agency definition and which operate terminals on a continuous basis, twenty-four (24) hours a day, seven (7) days a week. These agencies have full access and are directly connected to TBI.
Class Two shall consist of governmental law enforcement agencies or criminal justice agencies or criminal justice agencies which meet the criminal justice agency definition and which may or may not operate terminals on a continuous basis, twenty-four (24) hours a day, seven (7) days a week. These agencies have query-only access and are directly connected to TBI.
Class Three shall consist of governmental law enforcement agencies or criminal justice agencies which meet the criminal justice agency definition and which operate terminals on a continuous basis, twenty-four (24) hours a day, seven (7) days a week. These agencies have full access and are connected as Satellite Agencies to TBI through another agency’s computer system.
Class Four shall consist of governmental law enforcement agencies or criminal justice agencies which meet the criminal justice agency definition and which may or may not operate terminals on a continuous basis, twenty-four (24) hours a day, seven (7) days a week. These agencies have query-only access and are connected as Satellite Agencies to TBI through another agency’s computer system.
Class Five consists of agencies that operate a large-scale computer system directly interfaced with the TBI. These agencies have been approved by TBI to have sufficient staff and resources to provide security, training, and related computer services to other network agencies.
Class Six shall consist of consolidated and computer-assisted dispatch facilities, often referred to as 911 facilities. These may be governmental or non-governmental facilities that operate on a continuous basis, twenty-four (24) hours a day, seven (7) days a week.
Class Seven shall consist of non-criminal justice agencies that perform criminal justice functions.
Class Eight shall consist of non-criminal justice agencies accessing in-state records.
Class Nine shall consist of NLETS ORI access.

(4) User Agreements - All agencies accessing the TIES shall execute a User Agreement with the TBI. Any agency providing TIES access to a non-terminal agency shall execute the appropriate agreement with that agency. Any Class Three agency providing access to another agency shall execute a User Agreement, which will include all requirements set out in a TBI User Agreement and any additional provisions deemed necessary by that agency. All agreements between agencies shall be approved by TBI. Class Seven agencies shall execute the required security addendum as provided by the FBI.

(5) Audit - All agencies shall submit to FBI and TBI audit to ensure compliance with all FBI, NCIC, NLETS and TCIC rules. No TBI employee who is responsible for auditing local law enforcement agencies shall conduct an audit of an agency by which the employee was employed in the past in any capacity. This applies regardless of the length of service and/or the time since service with the prior employer.

(6) Access Cost - All directly connected terminal agencies will share in the costs incurred by TBI in the day-to-day operations of the TIES and associated communication network.

(7) Any terminal agency, upon approval by TBI, is authorized at its own expense to furnish a terminal to another agency for operation as a satellite upon execution of an agreement requiring servicing of said terminals and operation thereof to meet minimum NCIC, NLETS and TCIC standards without degradation of TIES.

(8) Any agency desiring to connect to the TIES shall make a request in writing to the TBI. Upon securing the approval of TBI, the agency shall execute and maintain an agreement. The agreement will require compliance with NCIC, NLETS, TCIC rules and regulations, operation to comply with all privacy laws, security of equipment, sharing of costs and performance of all things applicable to the appropriate class of agency required to make TIES an interactive system performing the duties and furnishing the benefits intended by Chapter 10 of Title 38 of T.C.A.

(9) Absent provisions set forth in state law, Tennessee criminal history records are not accessible to the general public except under the following conditions:

(a) To challenge an arrest that appears on a criminal history record check conducted for employment, license or firearms carry permit or purchase.

(b) To challenge a criminal history record the individual must:

submit a written request to the TBI Records and Identification Unit;
provide satisfactory proof of identification including a photo ID;
submit at least two (2) classifiable fingerprint cards for comparison; and 4. pay a fee set by the Director as set forth in TCA 38-6-103(d)(1)(2).

(10) Dissemination - Indirect dissemination of specific information received through the TIES shall be allowed unless there are specific state, local or federal laws precluding this dissemination. No agency authorized by statute to receive information from state CHRI shall use the information obtained there from for any purpose other than law enforcement purposes or as authorized by statute and is prohibited from disclosing, exposing or transmitting by any means information from TIES to any private citizen, corporation, entity or any other government agency not specifically authorized by statute to have such information.

(11) Policy Violations - Any violations of policies governing the use and operation or information received from the TIES shall be reported immediately to the TBI.

(12) Physical Security - Physical locations of all fixed agency terminals shall be approved by the TBI. The computer site and/or terminal area shall have adequate physical security to protect against any unauthorized personnel gaining access to the computer equipment or to any of the stored data. Prior approval shall be received from the TBI for additional devices to be connected to the TIES network.

(13) System Security - All agencies shall demonstrate compliance with the current CJIS security policy published by the FBI. Class five agencies shall ensure and provide evidence to TBI that the system has ample hardware and software safeguards to limit TIES access to only authorized terminals and personnel of the satellite agency.

(14) Qualifications - (a) Terminal operators who are public safety emergency dispatchers shall meet the qualifications in TCA § 7-86-201.

(b) Terminal operators who are not emergency dispatchers shall meet the following minimum qualifications.

Be at least eighteen (18) years of age;
Be a citizen of the United States;
Be a high school graduate or possess equivalency;
Have fingerprints on file with the TBI;
Have no felony convictions; and 6. Be of good moral character.

(15) Certification - Certification requirements include, but are not limited to, the following:

(a) All terminal operators must complete certification courses offered by TBI in order to operate the terminal equipment, or certification shall be issued upon successful completion of a training curriculum prescribed by the Information Systems division;

(b) All certified operators must be re-certified once every two (2) years by successfully completing all certification courses offered by TBI; and (c) Only certified operators will be allowed to operate a TIES terminal (an exception being an operator-trainee who has not completed the initial certification program, in which case a certified operator must be present when the equipment is being operated by the trainee).

(16) Training - Terminal agencies will require that their terminal operators attend training sessions offered by TBI to ensure proper operation of terminal equipment. Class five agencies shall provide TBI approved training for and certification of the Class five agency operators and satellite terminal agency operators.

(17) Terminal Agency Coordinator - Each terminal agency shall appoint a Terminal Agency Coordinator to act as the liaison with TBI. The agency shall inform TBI of the Terminal Agency Coordinator assignment and any re-appointments that are made in said position. Re-appointments shall be made immediately upon the vacancy of a Coordinator’s position. Any agency whose TAC or alternate TAC is convicted of a criminal offense while holding such position shall notify TBI of such conviction immediately.

(18) TIES - Terminal agencies are authorized to transmit, receive or exchange information directly relating to law enforcement, but shall not use the system for the transmission of general or personal messages.

TIES terminal stations, which are used to make NCIC entries, shall be operated twenty-four (24) hours a day, seven (7) days a week. Terminal stations, both fixed and mobile, which are used for queryonly, shall be secured when unattended.

(19) Criminal History Inquiries - All criminal history inquiries and disseminations shall be logged with a hardcopy showing information received and the requesting person's authority for making the request.

The log shall be maintained for two (2) years from the date of transmission.

(20) Violations of Federal or State laws and NCIC, NLETS, and TCIC rules and regulations will result in the following disciplinary action:

(a) Willful violation of Federal law, T.C.A. § 39-3-Part 14 or § 40-32-101, will result in interruption of the interface of the terminal of the offending agency, and restoration will be made when the offending agency has furnished proof of appropriate action to correct the offense and assure future compliance;

(b) Willful violation of rules and regulations or other laws, including unauthorized access of files or unauthorized disclosure of data obtained for lawful purposes, will result in a required formal notification, within a specified time, of the violation with an explanation of the correction and conditions or circumstances which produced the violation(s);

(c) Any unauthorized acquisition and/or use of data relating to a specific person will require notification to the affected person by the offending agency or in lieu thereof, by TBI; and (d) Continued violations of the same kind or frequent violations after warnings will result in cancellation of the user agreement and discontinuance of the TIES access to the agency.

(20) Equipment software will contain provisions for classification of data. All data transmitted over TIES is classified as follows:

(a) Class A shall include any data the disclosure of which to unauthorized persons, or agencies or entities would constitute a violation of the criminal laws;

(b) Class B shall include any data which is rendered confidential by a specific law or court decision;

(c) Class C shall include data which the judiciary has determined to be private as protected by the United States Constitution and related laws;

(d) Class D shall include any data which may be restricted by court order incident to a judicial proceeding;

(e) Class E shall include all TBI case file information relating to specific crimes, criminal activity and persons;

(f) Class F shall include all other general data relating to crimes, criminals and criminal activities, which may be disclosed to the public.

(21) All criminal history record information or any other information protected by a privacy law received from NCIC through TIES will carry a privacy classification designation contained within equipment software which will attach to all subsequent transmission of that data by any means. Also, if any data is received through the system by an agency, which is not classified but becomes classified because of any laws relating to that agency, then any subsequent dissemination of that information by that agency shall carry its privacy classification.

(22) All agencies, which have been identified by NCIC and TCIC as being agencies authorized to handle data in relation to any of the programs and files maintained by NCIC and TCIC, shall be entitled to access the information in relation to those programs from both NCIC and TCIC files.

History

Authority: T.C.A. §§ 38-6-102(e), 38-6-103, and 38-10-101.
Administrative History: Original rule filed October 30, 1986; effective January 27, 1987. Repealed and new rule filed November 16, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-01-.07 AUTOMATED FINGERPRINT INFORMATION SYSTEM (AFIS)

(1) Fingerprints of persons arrested and submitted under existing state law shall be subject to the following regulations of the AFIS System:

(a) Fingerprints shall be retained in the AFIS database until the person reaches the age prescribed for removal of the record under RDA 1686;

(b) Fingerprints may be submitted by mail or by any electronic means meeting NIST standards as defined in the TBI Electronic Fingerprint Submission Interface Specifications;

(c) Fingerprints not meeting the TBI quality control standards shall be rejected and returned to the contributor with a standardized rejection form attached describing the reason(s) for rejection;

(d) Fingerprints of juveniles will be retained only if they meet quality control standards and contain one of the following notations:

Treat as Adult; or 2. Juvenile Felony Arrest.

Arrest histories generated from juvenile fingerprint receipts meeting the above criteria will be disseminated in the same manner as adult records;

(e) TBI will report statistics related to fingerprint submissions and rejections to the State Comptroller’s office; and (f) Records will be removed only on the receipt of a court ordered expungement, death notice, or receipt of official request on departmental letterhead from the head of the submitting agency.

(2) Law Enforcement and Criminal Justice Agency Applicant Fingerprints shall be subject to the following regulations:

(a) Candidates for sheriff will submit two (2) sets of fingerprints on form FD-258. The cards should bear the TBI’s ORI. The “Reason Fingerprinted” block of the form shall bear the notation “Candidate for sheriff of (name of) county;” and (b) Any CHR located as a result of fingerprint search of law enforcement, criminal justice agency applicants or employees, and candidates for sheriff will be reported to the contributing agency, with a copy forwarded to the POST commission. Any CHR located on sheriff’s candidates will be reported to the District Attorney General or other contributing agency.

(3) Regulatory and Other Non-Criminal Justice Agencies shall be subject to the following regulations:

(a) Agencies which issue licenses or permits to any person, corporation, partnership, or other entity to engage in an authorized activity affecting the rights, property, or interests of the public or segments thereof, may submit fingerprints as required by enabling legislation for the limited

purpose of determining if such license or permit should be issued; and (b) Processing fees will be assessed and collected by the TBI in accordance with existing state law.

Fees will be collectible in advance by cashier’s check, certified check, money order, or by journal voucher to state agencies.

History

Authority: T.C.A. §§38-6-102(e), 38-6-103, 38-10-101, and 37-10-207.
Administrative History: Original rule filed October 30, 1986; effective January 27, 1987. Repealed and new rule filed November 16, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-01-.08 CERTIFICATION OF RECORDS

(1) It is the purpose of these rules relating to certification to provide the certainty of the official authorization of records of the Bureau whenever official attestation, sealing, and certification of the TBI records, reports, documents, and actions are required by law, including orders of the courts, but not to create any greater or additional coverage of certification than authorized by law.

(2) Every report of the Forensic Services Division rendered or administered in connection with any case in a criminal, juvenile, or municipal court, or when otherwise required by law, or dealing with alcohol or drug content of blood, breath or urine shall bear the following certification:

I certify and attest that this document is the proper record it purports to be. /s/ Designated Representative of TBI Director (3) The following persons shall be responsible for the certification of any Forensic Services Division report prepared at a TBI facility under their supervision:

(a) TBI Assistant Director for Forensic Services; or (b) Any Crime Laboratory Regional Supervisor.

(4) The certification of criminal histories, when required by law, shall bear the certification in (2) above, and shall also contain the following certification:

I hereby attest that the above is a true and accurate xerographic representation of the fingerprints of: as maintained by the State Central Repository of Criminal History Records by the Records and Identification Unit of the Tennessee Bureau of Investigation. I further attest that I am the Supervisor of the Records and Identification Unit and Official Custodian of Records for the Tennessee Bureau of Investigation.

Signature of Custodian of Records Typed or Printed Name Date (5) The attestation, scaling and certification of TBI records, reports, documents, and actions other than those listed above, including the authentication of identification of Bureau personnel with the public and internal documents of the Bureau, shall be executed by the Director or Deputy Director.

(6) All certification shall contain the official Tennessee Bureau of Investigation Seal as follows:

When the seal is used, it may be affixed by being printed or impressed.

History

Authority: T.C.A. §§10-7-504, 37-10-102, 37-10-203, 37-10-205, 38-6-107, 38-6-109, 38-6-110, 38-10-101, 39- 32-101, 39-32-104, 40-32-101, and 40-32-104.
Administrative History: Original rule filed October 30, 1986; effective January 27, 1987. Repealed and new rule filed November 16, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-01-.09 REPEALED

History

Authority: T.C.A. §§37-10-207, 38-6-103, and 38-10-101.
Administrative History: Original rule filed October 30, 1986; effective January 27, 1987. Amendment filed October 25, 1988; effective January 29, 1989. Repeal filed November 16, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-01-.10 REPEALED

History

Authority: T.C.A. §38-6-107.
Administrative History: Original rule filed October 30, 1986; effective January 27, 1987. Repeal filed November 16, 2001; effective March 30, 2002.

Chapter 1395-01-02 Tennessee Incident Based Reporting System Program

Tenn. Comp. R. & Regs. 1395-01-02-.01 PURPOSE AND SCOPE

To establish guidelines for law enforcement reporting, certification and sanctions under the Tennessee Incident Based Reporting System Program.

History

Authority: T.C.A. §§38-10-101 through 38-10-105.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-02-.02 DEFINITIONS

(1) Agency Certification ⎯ The certification received from the TBI CSU for compliance with the TIBRS program.

(2) Alternate RAC ⎯ An Alternate Reporting Agency Coordinator with at least sixteen (16) hours of initial training and eight (8) hours annually thereafter on the TIBRS Program may be designated by each agency submitting data to the TBI CSU. Initial training must begin with an introductory level data collection class. If the agency utilizes TBI’s TIBRS software, initial training must also include an introductory level software class (AFTER completion of the data collection class). If the agency utilizes vendor software, initial training must include an introductory level data collection class followed by a TIBRS review class.

(3) Central Repository ⎯ The computer program maintained by the TBI CSU that receives all of the information sent from reporting agencies and transmits that information to the FBI.

(4) Certified Reporting Agency – A reporting agency that has met the TIBRS Program Certification Requirements outlined in 1395 – 1 – 2 - .03.

(5) CLEO – Chief Law Enforcement Officer.

(6) CSU ⎯ Crime Statistics Unit is the unit or section of the TBI responsible for maintaining the Central Repository for the collection of crime statistics from all reporting agencies.

(7) Current Data – Data, not previously submitted, which must be submitted by the 10 th day of the following month.

(8) Data Checks ⎯ An analysis completed by the TBI CSU that ensures data submissions do not contain errors before the records are processed through the Central Repository.

(9) Entering Agency – A reporting agency that meets the certification requirements of the TIBRS Program and submits data to the TBI CSU on that agency’s behalf.

(10) Error Report ⎯ The report generated by the TBI CSU when data submissions do not pass data checks at the central repository or at the FBI Uniform Crime Reporting Program.

(11) FBI⎯Federal Bureau of Investigation.

(12) Grant Computer – The computer provided by the TBI to reporting agencies in compliance with the certification requirements of the TIBRS program.

(13) NCIC⎯National Crime Information Center is a database of criminal information maintained by the FBI.

(14) Non-Compliance⎯ Requirements for TBI CSU certification on the TIBRS Program have not been met or adequately maintained.

(15) Non – Entering Agency Agreement – An agreement between two reporting agencies through which one agency elects to enter crime statistics for the other agency.

(16) ORI Number ⎯ The Originating Agency Identifier is a nine-character identifier assigned by FBI NCIC or TBI CSU to an institution.

(17) Quality Assurance Review ⎯ An investigation performed by the TBI CSU to ensure compliance with the certification requirements of the TIBRS Program.

(18) RAC ⎯ A Reporting Agency Coordinator with at least sixteen (16) hours of initial training and eight (8) hours annually thereafter on the TIBRS Program must be designated by each reporting agency submitting data to the TBI CSU. Initial training must begin with an introductory level data collection class. If the agency utilizes TBI’s TIBRS software, initial training must also include an introductory level software class (AFTER completion of the data collection class). If the agency utilizes vendor software, initial training must include an introductory level data collection class followed by a TIBRS review class.

(19) Re-certification ⎯ A process by which a reporting agency in non-compliance with the TIBRS Program certification requirements can receive another chance to receive certification from the TBI CSU.

(20) Reporting Agency – An agency submitting crime statistics to the TBI CSU in a manner that meets current TIBRS reporting standards.

(21) TBI ⎯ Tennessee Bureau of Investigation.

(22) TIBRS ⎯ Tennessee Incident Based Reporting System is the program of the TBI that maintains a system of intrastate communication of vital statistics and information relating to crime, criminals and criminal activity.

(23) Training Database ⎯ A program maintained by the TBI CSU training staff that tracks training records of RAC and Alternate RAC staff members using the agency’s ORI and the attendees driver license number.

(24) Vendor⎯ A company that manufactures records management software that meetsTIBRS reporting standards as found in the current TIBRS FILE layout specific document.

History

Authority: T.C.A. §§38-10-101 through 38-10-105.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002. Repeal and new rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-02-.03 TIBRS PROGRAM CERTIFICATION REQUIREMENTS

(1) The TBI CSU will be responsible for maintaining the Central Repository for the collection of crime statistics from all reporting agencies. The responsibilities of the TBI CSU include, but are not limited to, the following:

(a) Processing data submissions through the Central Repository;

(b) Compiling and transmitting the data to the FBI monthly for all reporting agencies, (c) Monitoring submissions from reporting agencies to ensure timely and accurate data submissions, (d) Generating error reports to provide to reporting agencies that submit inaccurate data;

(e) Training RAC and Alternate RAC staff members from each reporting agency participating in the TIBRS Program; and (f) Performing Quality Assurance Reviews of all participating reporting agencies to ensure compliance with the requirements of the TIBRS Program.

(2) Each reporting agency that participates in the TIBRS Program shall be certified by the TBI CSU staff, upon meeting certification requirements.

(3) Certification requirements for each agency shall include the following requirements:

(a) Maintaining three consecutive months of data submission with an error rate of less than four (4%) percent when processed through the Central Repository;

(b) Designating a RAC, in writing by the CLEO, who is responsible for submitting data to the TIBRS Program who has the required amount of training on the Program;

(4) Agencies that change software vendors are required to go through the certification process with the new software including:

(a) Agency must submit three consecutive months of data with an error rate of less than four (4%) percent with the new software.

(b) Previously submitted data using the software for which the agency is currently certified must be available for editing and resubmission by utilizing either of the following methods:

Two calendar years of back data including the current year can be converted to the new system by the new vendor and incorporated in a manner the data can be edited or deleted as need may require; or 2. The vendor must allow the agency to re-enter previously submitted incidents and mark them as re-submitted, edited incidents so that the incidents will come into the repository in the acceptable format for edited incidents.
If the agency does not elect to continue entering TIBRS data in the system they are currently certified to use while attempting to attain certification in the new system, all data submitted with the new system will be processed live in the repository and will be subject to the requirements of submission with an acceptable error rate.

(5) An agency desiring to become certified with a new vendor will be allowed one (1) test file per month. The agency will have a period of eight (8) months to become certified.

History

Authority: T.C.A. §§38-10-101 through 38-10-105.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002. Repeal and new rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-02-.04 DATA SUBMISSION PROCEDURES

(1) Entering Agencies shall submit crime statistic information monthly to the TBI CSU staff.

(2) Deadlines for data submissions are as follows:

(a) Information from the previous month is due to the TBI by the tenth (10 th ) day of the current month.

(b) Information concerning incidents occurring in the current month should be entered in that month when possible.

(3) The Tennessee Wildlife Resources Agency shall report only felonies, Class A misdemeanors set forth in Title 69 and 70 of the Tennessee Code Annotated, and any other violations which may be encountered and which fall within the Agency’s general police powers.

History

Authority: T.C.A. §§38-10-101 through 38-10-105.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-02-.05 ERROR REPORTS

(1) The TBI CSU shall process data submissions and enter information into the Central Repository unless the incidents do not pass the data checks and generate errors.

(2) The TBI CSU will forward error reports received from the FBI to each agency for correction of incidents.

(3) The TBI CSU shall return error reports to the originating reporting agency in a timely manner.

(4) Error reports shall contain the following information:

(a) Reason(s) the incident did not pass the data check query;

(b) Suggestions for correcting the error- only for agencies using TBI’s software. Agencies using commercial vendors should contact their vendors for assistance in this area.

(5) Errors shall be corrected as soon as the error reports are received by the law enforcement agency and corrected incidents re-transmitted no later than the second month after the error report is received; and (6) A letter will be sent by the TBI CSU to any agency’s CLEO whose error rate for any month that is four (4.0%) percent or higher.

History

Authority: T.C.A. §§38-10-101 through 38-10-105.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002. Amendment filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-02-.06 QUALITY ASSURANCE REVIEWS

(1) The TBI CSU will be responsible for conducting Quality Assurance Reviews for each agency at least once in each audit cycle and will include a review of the following:

(a) All offense reports within a specified time period;

(b) Calls for service logs, where applicable;

(2) The TBI CSU upon completion of the review will generate a formal report detailing findings and recommendations for corrective actions;

(3) The agency will have a specified time frame to submit a written response to the formal written report which should include corrective actions initiated by the agency to address findings.

History

Authority: T.C.A. §§ 38-10-101 through 38-10-105.
Administrative History: Original rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-02-.07 SANCTIONS FOR NON-COMPLIANCE WITH THE TIBRS PROGRAM

REQUIREMENTS.

(1) An agency will be classified as non-compliant with the requirements of the TIBRS Program if any of the following incidents occur:

(a) Failure to enter and submit current data to the TBI CSU for three (3) consecutive months in a format accepted by the repository;

(b) Failure to submit by the 10 th of the following month for four (4) consecutive months;

(d) Failure to implement corrective actions outlined in a report of findings from a Quality Assurance Review performed by the TBI CSU staff within sixty (60) days of receipt of the report by the certified reporting agency;

(e) Failure to submit a written response to the TBI CSU detailing steps taken to implement suggested recommendations within sixty (60) days of receipt of the Quality Assurance Review report;

(f) Failure to correct errors identified in error reports sent back to the certified reporting agency within sixty (60) days of receipt of the report;

(g) Failure to appoint a RAC, in writing from the CLEO, within thirty (30) days of starting reporting to the TIBRS Program;

(h) Failure to appoint a new RAC, in writing from the CLEO, within thirty (30) days after the position has become vacant;

(i) Failure to have a current written agreement between an Entering and Non-entering agency on file at TBI.

(j) Failure to produce all records requested for Quality Assurance Reviews; or (k) Failure to submit four (4) consecutive months of data with an error rate of less than four (4.0%) percent after the reporting agency has been certified.

(2) A law enforcement agency with a grant computer that remains in non-compliance with the requirements of the TIBRS program for ninety (90) days shall return the grant computer to the TBI in its original condition.

(3) A reporting agency that has lost certification for the TIBRS Program may be re-certified after the agency corrects the area(s) of non-compliance including submission of all back data, and submits three (3) consecutive months of previously un-submitted data with an error rate of less than four (4.0%) percent.

(4) Notification of non-compliance with the requirements of the TIBRS Program shall be submitted by the TBI CSU to the Office of Criminal Justice Programs and to the District Attorney General.

History

Authority: T.C.A. §§38-10-101 through 38-10-105.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002. Repeal and new rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-02-.08 NON-ENTERING AGENCY AGREEMENT REQUIREMENTS

(1) Reporting agencies may elect to enter crime statistics for another agency to the TIBRS Program only if the following requirements are met:

(a) A written agreement must be signed by the heads of both reporting agencies;

(b) The original copy of the written agreement must be sent to the TBI CSU; and (c) The entering agency must enter statistics for the non-entering agency using the nonentering agency’s ORI Number at all times for proper identification purposes.

(d) The TBI Director and the supervisor of the CSU must also sign the Non-Entering Agency Agreement.

History

Authority: T.C.A. §§38-10-101 through 38-10-105.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002. Amendments filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-02-.09 GENERAL STATISTICAL INFORMATION

(1) Requests for crime statistics shall be made in writing to the supervisor of the TBI CSU.

(2) The Director of the TBI shall adopt and promulgate rules and regulations prescribing the form, general content, time, and manner of submission of the following reports:

(a) Uniform Crime Report, composed of information received from all state, county and municipal law enforcement and correctional agencies as well as courts; and (b) Crime on Campus Report, composed of information provided by campus officials from colleges/universities and other reporting institutions located within the state of Tennessee.

(3) The Director shall designate a unit to correlate such reports to compile and submit to the governor and the general assembly in the form of an annual report.

(4) A copy of the final report, submitted to the governor and general assembly, shall be furnished to law enforcement, prosecuting, judicial, correctional authorities, and other appropriate law enforcement and criminal justice agencies.

History

Authority: T.C.A. §§38-10-101 through 38-10-105.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002. Amendment filed November 19, 2007; effective March 28, 2008.

Chapter 1395-01-03 Division of Tennessee Instant Check System Program

Tenn. Comp. R. & Regs. 1395-01-03-.01 PURPOSE AND SCOPE

To establish guidelines for Federal Firearms Licensees for performing inquiries through the Tennessee Instant Check System Program related to the sale or redemption of firearms.

History

Authority: T.C.A. §39-17-1316.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-03-.02 DEFINITIONS

(1)Account Information Form - Required form completed by the FFL and returned to the TBI TICS Unit along with the Federal Firearms License of the FFL prior to any transactions related to the transfer of firearms.

(2)Alien - Any person not a citizen or national of the United States.

(3)BATF - Bureau of Alcohol Tobacco and Firearms.

(4)Business Day - A twenty-four (24) hour period beginning at 12:01 a.m., exclusive of the day on which a transaction takes place.

(5)CHRI - Criminal history record information.

(6)Consignment - type auction - Auction held on a regular basis (e.g., every 1-2 months) at which auctioneer takes possession of firearms pursuant to a consignment contract giving him/her the exclusive right and authority to sell the firearms at a location, time and date to be selected by the auctioneer and providing for a commission to be paid upon sale.

(7)Controlled Substance - Defined in the Controlled Substances Act (21 U.S.C. 802).

(8)Denial Database - A hardcopy collection of TICS denials and any accompanying documentation relevant to the decision-making process.

(9)Estate - type auction - Auction at which auctioneer assists estate in selling the estate’s firearms, and the firearms are possessed and transferred by the estate.

(10)FBI - Federal Bureau of Investigation.

(11)Federal Firearms License - License issued to an FFL by the BATF according to the Gun Control Act of 1968 to qualify as a licensed firearm dealer.

(12)Federal Form 4473 - Form provided by the BATF to record information regarding the purchase or transfer of firearms.

(13)FFL - Federal Firearms Licensee.

(14)FFL Number - A six-segment number assigned to dealers by the BATF for identification and compliance purposes.

(15)Firearm - A weapon as described in Tenn. Code Ann. § 39-11-106, including handguns, long guns, and all other weapons which meet the definition.

(16)Firearms Dealer - Any person:

(a)Engaged in the business of selling firearms at wholesale or retail;

(b)Engaged in the business of repairing firearms or of making or fitting special barrels, stocks, trigger mechanisms to firearms; or (c)Who is a pawnbroker and deals in firearms.

(17)GCA - Gun Control Act of 1968, 18 U.S.C. § 44.

(18)Gun Shows - Locations where FFL’s may legally transfer merchandise to display and sell firearms to individuals, other than at their regular business premises.

(19)Handgun Permit - A permit issued by the Department of Safety according to the provisions of T.C.A. 39-17-1351.

(20)III - Interstate Identification Index is a resident database of name indices and CHRI maintained by the FBI on individuals for whom the FBI has a fingerprint supported arrest history.

(21)Juveniles - For the purposes of the TICS Program, any person under twenty-one (21) years of age.

(22)Licensed Dealer - Any dealer who is licensed under the provisions of the Gun Control Act of 1968;

Tenn. Comp. R. & Regs. 1395-01-03-.03 TICS PROGRAM IN GENERAL

(1)The TICS Program is responsible for conducting background checks for proposed transfers of firearms in Tennessee, except for transfers excluded in § 39-17-1316.

(2)The TBI TICS Program shall remain open seven (7) days a week from the hours of eight o’clock a.m. to ten o’clock p.m. Central Standard Time (8:00 a.m.- 10:00 p.m. (CST)) and only close for Independence Day (July 4 th ), Thanksgiving Day and Christmas Day.

(3)The information obtained by the TBI TICS Unit shall be maintained in the following manner:

(a)TICS shall destroy all records pertaining to approved firearm transfers by the close of business on the day of the transaction except the transaction number and date the transaction occurred;

(b)TICS may keep all information pertaining to denied firearm transfers including, but not limited to, any investigative materials obtained to confirm the criminal history of the recipient and enter the information into a Denial Database, which the FBI NICS Unit and BATF shall have access to, upon request.

History

Authority: T.C.A. §39-17-1316.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-03-.04 TICS PROGRAM INSTANT CHECKS REQUEST REQUIREMENTS

(1)The primary owner/operator of a business shall establish an account with the TBI TICS Program prior to any check requests by meeting the following requirements:

(a)Completing the Account Information Form provided by the TBI TICS Unit; and (b)Returning the completed Account Information Form to the TBI TICS Unit along with a copy of a valid Federal Firearms License; and (c)Choosing a password to identify the business during any transaction and only allowing those employees with the authority to request TICS services access to the password.

(2)The information on record with the TBI TICS Unit shall remain current and correct with any changes reported by repeating the application process outlined in section one (1).

(3)Any request by an FFL for information shall be done by telephone, through an approved POS Unit, or any other method approved for access by the TBI, and the following information shall be provided to the TBI TICS operator:

(a)The federal firearms license number of the gun dealer, or the pertinent portion thereof as well as the FFL’s self-assigned password;

(b)The business name of the gun dealer;

(c)The place of transfer, including the store location/ name or gun show location;

(d)The name of the salesperson making the transfer;

(e)The make, model, caliber and manufacturer’s number of the firearm being transferred;

(f)The name, gender, race and date of birth of the recipient;

(g)The social security number of the recipient, if one has been provided; and (h)The type, issuer and identification number of the identification presented by the recipient.

(4)The TBI TICS operator shall give the FFL a transaction number for all approvals and denials, and the transaction will be assigned one of the following statuses:

(a)Approved (means transaction may be completed);

(b)Denied (means transaction is prohibited); or (c)Pending (means the TBI TICS Unit must investigate further before a final decision may be made, which shall occur within seventy-two (72) hours of the phone call). No transaction number will be provided to the FFL until the transaction is Approved or Denied.

(5)The TBI TICS operator shall not give out any information other than the status of the transaction listed above. If the TBI TICS check reveals a record of stolen guns or wanted individuals in the NCIC system, then the TBI TICS operator shall immediately inform local law enforcement officials of such illegal activity and the location of the FFL.

(6)The FFL shall record the transaction number from the TBI TICS operator on the firearm transaction record and transaction thumbprint form, which is furnished by the TBI TICS Unit upon request.

(7)The TBI TICS operator may ask the FFL to send the thumbprint form to the TICS Unit in Nashville, Tennessee to verify the identity of the recipient.

(8)The FFL shall keep the thumbprint form for one (1) year or may keep the form for five (5) years while attached to the BATF Form 4473, which the TBI strongly recommends.

(9)A TICS check must be performed on persons redeeming firearms in pawnshops on each occasion. A TICS check may be performed on the person pawning the firearm prior to the FFL taking the firearm as collateral, but must be run again at the time the firearm is redeemed from pawn.

(10)A fee of $10.00 will be charged for each background inquiry initiated, regardless of the final approval or denial disposition. This fee will be charged to the FFL’s account and the account will be billed on a monthly basis. THE FFL NUMBER MUST ACCOMPANY THE REMITTANCE in some form, preferably in the appropriate memo space. Only business checks, money orders, or cashiers checks, made payable to the Tennessee Bureau of Investigation will be accepted. Any account with an unpaid balance past due 60 days will be closed until payment has been received, precluding further TICS checks and therefore any further firearms transfers. All payments received will be applied to the oldest outstanding invoice first. Checks returned for any reason will be subject to a $20.00 charge. The FFL number is used to identify the FFL’s unique account number and ensure proper billing. All payments must be mailed to:

Tennessee Bureau of Investigation Fiscal Services – Instant Check 901 R.S. Gass Boulevard Nashville, Tennessee 37216-2639 (11)Each transaction is valid for three (3) business days, or seventy-two (72) hours, after close of business on the day of the approval of the transaction, and any recipient who does not take possession of the firearm during the valid time period must undergo a new transaction in which a new fee will be charged.

(12)An FFL may choose not to perform a TICS check on transfers of firearms to law enforcement officers only if all other provisions of the law governing transfers has been met, and it is advisable for the FFL to ask the law enforcement officer to produce a letter from his/her agency head stating that the officer is currently employed by the department and remains in good standing. Further, the agency head must provide the FFL a letter stating the officer is purchasing the firearm for on-duty use or else the FFL must run a TICS check on the officer.

(13)An FFL may choose to perform a TICS check to determine if a firearm has been reported stolen, prior to taking the firearm as pawn collateral, and the TBI shall not charge the FFL for that inquiry.

History

Authority: T.C.A. §§39-17-1316 and 28 C.F.R. § 25.6.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-03-.05 DENIALS

(1)The TBI TICS shall issue a Denial for reasons including, but not limited to, the following:

(a)Addiction to alcohol;

(b)Felony conviction punishable by imprisonment for one (1) year or more;

(c)Under indictment for an offense punishable by imprisonment for one (1) year or more;

(d)Fugitive from justice, including a felony or misdemeanor;

(e)Addicted to or unlawful user of any controlled substance;

(f)An adjudicated mental defective or has been committed to a mental institution;

(g)An alien who is illegally or unlawfully in the United States;

(h)Dishonorably discharged from the United States Armed Forces;

(i)Has renounced his/her United States citizenship;

(j)Conviction in any court of a misdemeanor crime of domestic violence;

(k)Subject to a court order issued after a hearing, during which he/she received actual notice, and that restrains him/her from committing domestic violence;

(l)Persons who are legally in the United States, but under non-immigrant status;

(m)Persons who have not been residents of Tennessee for at least ninety (90) days continuously prior to the proposed purchase;

(n)Persons who misuse the TICS Program in any way or provide false information to purchase or transfer a firearm;

(o)Individual prohibited from obtaining a firearm under any state or federal law not listed; or (p)Any other disabling reason resulting from new or amended state or federal law.

(2)All convictions on arrest charges will be determined by the law of the jurisdiction in which the individual was convicted.

(3)Juveniles may not legally purchase a handgun or handgun ammunition and persons under eighteen (18) years of age may not legally purchase a long gun or long gun ammunition.

(4)The sale or transfer of a handgun to out-of-state residents by a Tennessee FFL is prohibited and the sale or transfer of a longgun to an out-of-state resident by a Tennessee FFL may be approved only under the following conditions:

(a)The FFL shall request a TICS check; and (b)The transfer is legal in both states involved.

(5)An individual who performs or attempts a straw purchase or transfer is in violation of the law and will be reported to the BATF.

(6)An individual who has received a denied decision may find out the basis for the denial in the following manner:

(a)Request the appropriate appeal form and the transaction number from the FFL that handled the denied transaction; and (b)Fill out the form and mail or fax it to the TBI TICS Unit within thirty (30) days.

(7)The TBI TICS Unit must attempt to respond to any valid appeal in writing within five (5) business days and include the reason for denial and the proper procedure for challenging the denial.

(8)An individual may appeal the decision of the TBI TICS Unit by sending the necessary documentation to support a challenge, including the final disposition of charges or expunction orders on official letterhead, bearing certification from the department head of that agency, to the TBI TICS Unit, and the following requirements apply to the appeals process:

(a)The burden of proof is on the individual to prove that information is incorrect or that the charge in question was dismissed or that the conviction has been expunged, set aside or pardoned;

(b)If applicable, the burden of proof is on the individual to prove that his/her civil rights have been restored and that the restoration of rights does not prohibit possession of a firearm under federal or state law; and (c)The appeal will only be successful if the individual is not otherwise prohibited for any reason by the law of Tennessee from receiving or possessing a firearm.

(9)The TBI TICS staff shall review the completed appeal documentation, and if the appeal is successful, the staff shall change the denied status to approved. If the successful appeal concerns an entry in TCIC the TBI TICS staff shall provide the proffered documentation to the TBI RIU for correction of the record. If the successful appeal concerns an entry in III the TBI TICS staff shall forward the proffered documentation to the FBI for correction of the record.

(10)When a TICS check reveals an arrest for a potentially disqualifying offense with no disposition the transaction will be denied. The purchaser may appeal the denial by following the procedure outlined in paragraphs 6-9 above.

History

Authority: T.C.A. §§39-17-1303, 39-17-1316, 40-29-101, 18 U.S.C.A. § 925A, 26 U.S.C.A. § 5801 et seq., and 21 U.S.C. § 802.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-03-.06 GUN SHOWS

(1)An FFL shall only transfer firearms at gun shows in the same state as that which is specified on the Federal Firearms License of the FFL.

(2)A Tennessee FFL may display firearms in another state but cannot fill any order for purchase in another state.

(3)A Tennessee FFL must return the firearms to Tennessee and may deliver firearms to an FFL in the state in which a sale or transfer will take place.

(4)No TICS checks shall be performed at Tennessee gun shows for an out-of-state FFL and any sales or transfers made without such a TICS check will constitute the crime of engaging in business from an unlicensed location for which violators will be punished according to Tennessee law and reported to the BATF.

History

Authority: T.C.A. §§39-17-1316.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-03-.07 AUCTIONS

(1)Estate - type auctions do not require a federal firearms license.

(2)Consignment - type auctions do require a federal firearms license.

History

Authority: T.C.A. §§39-17-1316, 18 U.S.C. § 921(a), 18 U.S.C. § 922(a)(1), 18 U.S.C. 923(a), and ATF Rul. 96-2.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Chapter 1395-01-04 Criminal Intelligence Unit Automated Crimininal Intelligence System of Tennessee Program

Tenn. Comp. R. & Regs. 1395-01-04-.01 STATEMENT OF INTENT AND APPLICATION

The Automated Criminal Intelligence System of Tennessee is a procedure by which the Tennessee Bureau of Investigation receives intelligence information from Criminal Justice Agencies within the State of Tennessee which are not members of the Regional Organized Crime Information Center (ROCIC), and submits that information to ROCIC for Storage and retrieval. This intelligence information will be conducted and submitted in accordance with the provisions of 28 Code of Federal Regulations (CFR) Part 23 as outlined in the Department of Justice, Office of Justice Programs, Guidelines G4600.1B, and subsequent modifications or revisions of these guidelines.

History

Authority: T.C.A. § 38-6-102 and 28 C.F.R. § 23.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-04-.02 DEFINITIONS

(1)ACIST - Automated Criminal Intelligence System of Tennessee (2)CFR - Code of Federal Regulations (3)CIU - Criminal Intelligence Unit of the TBI (4)MCOT - Missing Children of Tennessee (5)Missing Children - A missing child is defined as a child who is believed to have been removed by force, persuasion, trick, enticement, false pretense, has voluntarily left the custody of such child’s parent without permission or is absent for unexplained or unknown reasons.

(6)Multi-jurisdictional Records - Intelligence information involving more than one law enforcement jurisdiction.

(7)NCIC - National Crime Information Center is a database of information maintained by the FBI on wanted persons, stolen weapons, orders of protection and other specific criminal information.

(8)NCMEC - National Center for Missing and Exploited Children.

(9)ROCIC - Regional Organized Crime Information Center (10)State Clearinghouse - State Repository of records for missing and exploited children.

(11)Submissions - Information either written, printed, or recorded on computer disc regarding individuals or organizations whose criminal activity is extensive or whose impact meets the standards set forth in 28 C.F.R. 23.

(12)TBI - Tennessee Bureau of Investigation

History

Authority: T.C.A. § 38-6-102 and 28 C.F.R. § 23.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-04-.03 ACCESS CRITERIA

(1)Information received through ACIST is submitted to ROCIC and is available only to authorized personnel of federal, state, and local law enforcement agencies.

(2)Information received for submission must meet the standards as set forth by ROCIC and 28 CFR part 23.

History

Authority: T.C.A. § 38-6-102 and 28 C.F.R. § 23.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-04-.04 DISSEMINATION OF INFORMATION

(1)Intelligence Information will be disseminated and assigned according to 28 C.F.R. § 23 and any guidelines as set forth by the Regional Organized Crime Information Center (ROCIC).

(2)Dissemination of information will only be on a “right to know” and a “need to know” basis and is used for law enforcement purposes only. “Need to know” and “right to know” shall have the meanings assigned to them by 28 C.F.R.§ 23.

History

Authority: T.C.A. § 38-6-102 and 28 C.F.R. § 23.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-04-.05 INFORMATION RETENTION

(1)All information received through ACIST will be designated as submissions to ROCIC.

(2)Criminal history information shall not be retained with the original submission.

(3)All information will be retained as set forth by rules and standards established by ROCIC.

History

Authority: T.C.A. § 38-6-102 and 28 C.F.R. § 23.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-04-.06 INQUIRY PROCEDURE

(1)An inquiry shall be initiated, received, processed and disseminated as follows:

(a)Inquiries will be initiated, received, and processed only for state, federal, and local law enforcement agencies, and must involve reasonable suspicion of criminal activity;

(b)Inquiries concerning religious and/or political organizations, or matters of sexual content that do not involve specific criminal violations will not be processed;

(c)All requests for inquiries must be submitted in written form by mail or fax on departmental stationary, with agency contact and telephone number listed; and (d)All inquiries must meet all standards and rules as set forth by the ROCIC.

History

Authority: T.C.A. § 38-6-102 and 28 C.F.R. § 23.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-04-.07 TENNESSEE MISSING CHILDREN CLEARINGHOUSE

(1)The TBI has a signed memorandum of understanding with the National Center for Missing and Exploited Children (NCMEC) which establishes the TBI as the State Clearinghouse for Missing Children.

(2)Whenever any law enforcement agency receives information from a custodial parent, legal guardian or any source it deems credible, it shall prepare a Missing Child Report in a manner specified by the TBI CIU standard operating procedures and transmit a copy thereof immediately to the TBI CIU.

(3)The report shall include the following information about the missing child:

(a)Name;

(b)Date of birth;

(c)Sex;

(d)Race;

(e)Height;

(f)Weight;

(g)Eye color;

(h)Hair color;

(i)Date of last known contact with the child;

(j)Location of last known contact with the child; and (k)Category under which the child is report missing.

(4)The TBI CIU shall collect the data submitted, pursuant to (a) above, and disseminate the same by computer, mail or other reliable communication to any law enforcement agency, the FBI, or any other state.

(5)The law enforcement agency shall, immediately upon notification of a missing child, enter the child into NCIC, pursuant to Title 37, Public Law 101-647 (The National Child Search Assistance Act of 1990). The law enforcement agency shall simultaneously enter the missing child into the MCOT File.

(6)The TBI CIU may display photographs of missing children via the Tennessee Internet Crime Information Center on the State of Tennessee’s World Wide Web site.

(7)The TBI will publish monthly a Missing Children Bulletin which shall be available to federal, state, and local law enforcement agencies, as well as the public. Nothing in this section will prohibit republication of this bulletin.

History

Authority: T.C.A. §§ 38-6-116, 38-6-117 and Pub. L. 101-647.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Chapter 1395-01-05 Sexual Offender Registration and Monitoring Program

Tenn. Comp. R. & Regs. 1395-01-05-.01 PURPOSE AND SCOPE

The purpose of the program has been found to be regulatory, not punitive. It has been held that the program addresses legitimate concerns of law enforcement about sex offenders. Cutshall v. Sundquist, 193 F. 3d 466 (6 th Cir. 1999). As an independent department, TBI has been charged with the responsibility of administering and maintaining the program, which is civil and remedial in nature. Only those offenders who meet the statutory definition of “sexual offender” can be registered, regardless of court orders to the contrary. Information contained in the registry should not be used to injure, harass, or commit a criminal act against any person named in the registry; any such action could result in criminal prosecution.

History

Authority: T.C.A. § 40-39-101.
Administrative History: Original rule filed December 19, 2001; effective April 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-05-.02 DEFINITIONS

(1) Acknowledgment Form - A form provided by the TBI to agencies for the purpose of confirming that the sexual offender understands the requirements and penalties involved in the sexual offender registration/ monitoring process.

(2) Business Day - A twenty-four (24) hour period beginning at 12:01 a.m.

(3) Centralized Record System - Collection of criminal history maintained by the TBI CIU that contains sexual offender registration and verification information.

(4) CIU - Criminal Intelligence Unit.

(5) Current Photograph - Most current photograph available.

(6) Deliver - By United States mail service or other courier service (UPS, Federal Express, etc.) or hand delivery to the TBI Headquarters in Nashville, Tennessee.

(7) Expungement - The deletion of information from the sexual offender registry upon court order, death of the sexual offender or the act of moving out of the state of Tennessee.

(8) FBI - Federal Bureau of Investigation.

(9) Local Law Enforcement Agency - Police Department or Sheriff’s Department/Office (10) Notice of Death - Consists of a copy of the certificate of death issued by the State or County Department of Health or a listing in the Social Security Death Index or a listing in the State Department of Health Vital Statistics Index. Obituaries and other death notices from newspapers and other publications are not sufficient absent verification by one of the other means listed above.

(11) Registration/ Monitoring Form - Form provided to sexual offenders to record sexual offender registration and to verify that information is current and correct.

(12) Sexual Offender - A person who is, or has been, convicted in Tennessee of committing a sexual offense or who is, or has been, convicted in another state or another country, or who is or has been convicted in a federal or military court, of committing an act which would have constituted a sexual offense if it had been committed in this state; provided that:

(a) Conviction or any other alternative to incarceration occurs on or after January 1, 1995; or (b) If conviction occurred prior to January 1, 1995, the person does one of the following:

Remains under or is placed on probation, parole, or any other alternative to incarceration on or after January 1, 1995;
Is discharged from probation, parole, or any other alternative to incarceration on or after January 1, 1995;
Is discharged from incarceration without supervision on or after January 1, 1995.

(13) Sexual Offender Registry - Collection of information regarding sexual offenders maintained by the TBI CIU.

(14) Sexual Offense - The commission of any act that constitutes the criminal offense of:

(a) Aggravated rape, under § 39-13-502;

(b) Rape, under § 39-13-503;

(d) Sexual battery, under § 39-13-505;

(e) Statutory rape, under § 39-13-506;

(f) Aggravated prostitution, under § 39-13-516;

(g) Sexual exploitation of a minor, under § 39-17-1003;

(h) Aggravated sexual exploitation of a minor, under § 39-17-1005;

(i) Incest, under § 39-15-302;

(j) False imprisonment of a minor, under § 39-13-302;

(k) Kidnapping of a minor, under § 39-13-303;

(l) Aggravated kidnapping of a minor, under § 39-13-304;

(m) Especially aggravated kidnapping of a minor, under § 39-13-305;

(n) Rape of a child, under § 39-13-522;

(o) Sexual battery by an authority figure, under § 39-13-527;

(p) Attempt, under § 39-12-101, solicitation, under § 39-12-102, or conspiracy, under § 39- 12-103, to commit any of the offenses enumerated above;

(q) Criminal responsibility, under § 39-11-402(2), for facilitating the commission under § 39-11-403 of, or being an accessory after the fact, under § 39-11-411, to any of the offenses enumerated above; or (r) Any act enumerated above committed prior to November 1, 1989, which may have been listed in a section of the Tennessee Code Annotated that has been repealed.

(15) “Sexually violent offense” means the commission of any act that constitutes the criminal offense of:

(a) Aggravated rape, under § 39-13-502;

(b) Rape, under § 39-13-503(1) or § 39-13-503(3);

(d) Rape of a child, under § 39-13-522; or (e) Criminal attempt to commit any of the offenses listed above.

(16) Signature - A valid signature of the sexual offender. If someone besides the sexual offender signs a form, then a valid court order or notarized document authorizing the person signing the form to do so, must be presented to the TBI authorizing such individual’s signature for the sexual offender.

(17) TBI - Tennessee Bureau of Investigation.

(18) TOMIS - Tennessee Offender Management Information System

History

Authority: T.C.A. §§ 39-13-502 et seq., 39-13-516, 39-17-1003, 39-17-1005, 39-15-302, 39-13-302 et seq., 39-13-522, 39-12-101 et seq., 39-11-402, 39-11-403, 39-11-411, and 40-39-102.
Administrative History: Original rule filed December 19, 2001; effective April 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-05-.03 SEXUAL OFFENDER REGISTRATION AND MONITORING PROGRAM IN

GENERAL.

(1) As an independent state agency, TBI has been statutorily charged with the responsibility of administering and maintaining the program, which is civil and remedial in nature. Only those offenders who meet the statutory definition of “sexual offender” can be registered, regardless of court orders to the contrary.

Information contained in the registry should not be used to injure, harass, or commit a criminal act against any person named in the registry; any such action could result in criminal prosecution.

(2) All sexual offenders shall:

(a) Complete a TBI sexual offender registration/ monitoring form within ten (10) days following release on probation, parole, any other alternative to incarceration; within ten (10) days following discharge from incarceration without supervision; within ten (10) days following any change of residence; and within ten (10) days after coming into a municipality or county where the offender temporarily resides, is domiciled, is employed, carries on a vocation, or is a student for any length of time; and (b) Deliver the form to the TBI CIU at headquarters in Nashville.

(c) A registration/monitoring form is not considered complete unless it has been signed by the offender. If another person has been given power of attorney to sign documents for the offender and a copy of the power of attorney has been provided to the TBI CIU that other person may sign the registration/monitoring form instead of the offender.

(d) Copies of registration/monitoring forms will not be accepted. The offender must return the original form that he/she receives from the TBI CIU to the TBI CIU.

(3) A person placed on probation or parole in another state for a crime that qualifies as a sexual offense in Tennessee, who is residing in Tennessee pursuant to a compact for out-of-state supervision, shall be subject to the same registration and monitoring requirements as a person placed on probation or parole for a sexual offense in Tennessee. Likewise, a person who is discharged from incarceration in another state without supervision for a crime that qualifies as a sexual offense in Tennessee shall be subject to the same registration and monitoring requirements as a person who is discharged from incarceration in Tennessee without supervision.

(4) It is the responsibility of the sexual offender to register with the program within ten days of his or her release into the community after conviction and to return the quarterly monitoring reports to the TBI CIU within ten days of receipt. It is also the responsibility of the sexual offender to give written notice to the TBI CIU of any change in address or employment within ten days of such change.

History

Authority: T.C.A. §§ 40-39-101 and 40-39-103.
Administrative History: Original rule filed December 19, 2001; effective April 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-05-.04 MONITORING FORM REQUIREMENTS

(1) TBI shall provide the sexual offender registration/ monitoring and acknowledgment forms to local law enforcement agencies, the Tennessee Department of Correction, the Tennessee Department of Safety, parole officers, probation officers, TBI offices, and other officers and employees assigned responsibility for the supervised release of convicted felons into the community.

(2) The TBI sexual offender registration/ monitoring form shall require at least the following information:

(a) Complete name as well as any alias or aliases;

(b) Date and place of birth;

(d) State of issuance and identification number of any valid driver license or licenses;

(e) For a sexual offender on supervised release, the name address and telephone number of the registrant’s parole officer, probation officer, or other person responsible for the registrant’s supervision;

(f) Sexual offense or offenses of which the registrant has been convicted;

(g) Current place and length of employment;

(h) Current address and length of residence at such address;

(i) Race and gender;

(j) A current photograph;

(k) Signature of offender; and (l) Such other information the TBI CIU deems necessary.

(3) At least once every ninety (90) days following receipt of the aforementioned registration/ monitoring from, the TBI CIU shall by certified mail return receipt requested, send a nonforwardable, verification/ monitoring form to the registrant’s last reported address that shall require the offender to complete the following requirements:

(a) Verify the continued accuracy of the information on the most recent registration/ monitoring form;

(b) Complete the form; and (c) Deliver the original form to the TBI CIU at headquarters in Nashville, within ten (10) business days following receipt. Copies or faxes will not be accepted.

(4) The monitoring requirements may be tolled only under the following circumstances:

(a) while an offender is incarcerated for another offense or as the result of having violated the terms of probation, parole or conditional discharge;

(b) while an offender is deported from this country.

(5) If the address provided by the offender is incorrect the TBI CIU shall list the address as “unknown.” An address is considered to be incorrect if two or more registration/monitoring forms are returned to the TBI CIU by the post office as undeliverable to the offender for any reason (e.g., “unclaimed,” “attempted-not known,” “moved,” “insufficient address,” etc.).

History

Authority: T.C.A. §§ 40-39-103, 40-39-104, and 40-39-105.
Administrative History: Original rule filed December 19, 2001; effective April 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-05-.05 SEXUAL OFFENDER AND REGISTRATION MONITORING PROCESS

(1) The officer or employee responsible for supervising a sexual offender who is, or has been, released on probation, parole, or any other alternative to incarceration shall:

(a) Obtain the offender’s signed statement acknowledging that the named officer or employee has obtained the offender’s anticipated residential address and completed the following tasks:

Explained the registration and verification requirements and sanctions of the program, and the offender understands; and 2. Provided the offender with a blank TBI sexual offender registration/ monitoring form and assisted the offender in completion of the form.

(b) Obtain a current photograph of the offender; and (c) Deliver the sexual offender registration forms, acknowledgment statements and photographs to the TBI CIU at headquarters in Nashville within three (3) business days following receipt.

(2) The warden of the correctional facility or sheriff of the jail from which a sexual offender is released from incarceration, with or without supervision, within at least ninety (90) days prior to the release of the offender shall:

(a) Obtain the offender’s signed statement acknowledging that the named warden or sheriff, or an agent of the warden or sheriff, has fully explained, and the offender understands, the registration and verification requirements and sanctions of the monitoring process;

(b) Include the offender’s anticipated residential address on the acknowledgment form; and (c) Deliver the completed acknowledgment form and photograph to the TBI CIU at headquarters in Nashville within three (3) business days prior to the release of the offender.

(3) If an offender is placed on unsupervised probation, the court shall:

(a) Obtain the offender’s signed statement acknowledging that the court has fully explained, and the offender understands, the registration and verification requirements and sanctions of the monitoring process;

(b) Include the offender’s anticipated residential address on the acknowledgment form;

(c) Provide the offender with a blank TBI sexual offender registration/ monitoring form and assist the offender in the completion of the form;

(d) Obtain a current photograph of the offender; and (e) Send the signed and completed acknowledgment form, the sexual offender registration form and the photograph of the offender to the TBI CIU at headquarters in Nashville within three (3) business days following receipt.

(4) Sexual offender registration/ monitoring forms and verification/ monitoring forms shall be designed, printed and distributed by and at the expense of TBI. Sexual offender registration/ monitoring forms shall be available from local law enforcement agencies, the TBI, the Tennessee department of correction, the Tennessee department of safety, and parole officers, probation officers, and other public officers and employees assigned responsibility for the supervised release of convicted felons into the community. The TBI recommends that local law enforcement agencies adopt policies regarding the location of such forms within the agencies in order to ensure their availability.

(a) Copies of the Sexual Offender Release Notification forms (BI-0126) and Sexual Offender Registration forms (BI-0125) may be obtained from the TBI Sex Offender Registry program in the following ways:

By contacting:

Tennessee Internet Criminal Information Center Hotline 1-888-837-4170 2. By faxing a request to:

TBI Sex Offender Registry (615)532-8315 3. By sending a written request to:

TBI Sex Offender Registry 901 R.S. Gass Boulevard Nashville, Tennessee 37216-2639 (b) All questions concerning the Sex Offender Registry Program should be addressed to the following location:

Tennessee Bureau of Investigation Criminal Intelligence Unit Sex Offender Registry 901 R.S. Gass Boulevard Nashville, Tennessee 37216-2639 (888)837-4170

History

Authority: T.C.A. § 40-39-105.
Administrative History: Original rule filed December 19, 2001; effective April 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-05-.06 RECORD SYSTEM

(1) The TBI shall establish, maintain and update a file for each registered offender. Said file will contain the offender’s registration and monitoring forms, criminal history, and any other documents relevant to the offender’s placement on the Sexual Offender Registry (e.g., copies of judgments, probation orders, correspondence with other states concerning offenders moving to or from Tennessee, TOMIS printouts, etc.).

(2) The TBI shall establish, maintain and update a centralized record system of sexual offender registration and verification information and promptly report such information to the following entities:

(a) The local law enforcement agency for the offender’s place of residence;

(b) The local law enforcement agency for the offender’s previous place of residence if a change of residence is indicated;

(d) The local law enforcement agency for the offender’s previous place of employment if a change of employment is indicated;

(e) When applicable, the probation officer, parole officer, or other public officer or employee assigned responsibility for the offender’s supervised release;

(f) The District Attorney General’s Office; and (g) The identification division of the FBI.

(3) If an offender does not comply with the registration/ monitoring process requirements, the TBI shall notify the district attorney general and the probation officer, parole officer or other public office or employee assigned responsibility for the sexual offender’s supervised release.

(4) For offenses committed prior to July 1, 1997, information reported on sexual offender registration/ monitoring forms, verification/ monitoring forms, and acknowledgment forms shall be confidential unless the local law enforcement agency determines that release of relevant information is necessary to protect the public. The TBI recommends that local law enforcement agencies should adopt policies regarding the release of confidential information about registered sexual offenders to the public. Such policies should address issues such as:

(a) What form(s) of identification will be required of the requestor;

(b) What scenarios demonstrate a need to protect the public;

(c) In what form the information will be released; and (d) What instructions will be given to the requestor about his or her dissemination of the information to others.

(5) TBI officers and employees shall be immune from liability relative to their good faith actions, omissions and conduct regarding the sexual offender registration/ monitoring process.

(6) The following information is public information relating to sexual offenses committed on or after July 1, 1997, and shall be available to the public through the TBI’s web site and through the Tennessee Internet Criminal Information Center Hotline, a toll-free telephone number:

(a) The offender’s complete name as well as any aliases;

(b) The offender’s date of birth;

(d) The street address including the house number, county, city and ZIP code area in which the offender resides, or if the offender does not reside in a city, the county, rural route and ZIP Code area where the offender resides;

(e) The offender’s race and gender;

(f) The date of the last verification of information by the offender;

(g) The most recent photograph of the offender that has been submitted to the TBI sexual offender registry;

(h) The offender’s driver’s license number and issuing state; and (i) The offender’s parole/ probation office.

History

Authority: T.C.A. § 40-39-106.
Administrative History: Original rule filed December 19, 2001; effective April 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-05-.07 REMOVAL FROM REGISTRATION AND MONITORING REQUIREMENTS

(1) Certain offenders must remain on the registry for life; they can only be removed if they move out of state and no longer work or attend school in Tennessee. These offenders fall into two categories:

(a) Those who are convicted of a “sexually violent offense”; and (b) Those with one or more convictions for a sexual offense prior to the date of the offense(s) for which they are currently required to register.

(2) A registered sexual offender may file a petition in the circuit court of the county in which the person resides for an order relieving the person of the continuing duty to submit the required forms for the sexual offender registration and monitoring process only according to the following conditions:

(a) No sooner than ten (10) years after termination of active supervision on probation, parole, or any other alternative to incarceration; or (b) No sooner than ten (10) years after discharge from incarceration without supervision.

(3) If the court enters such an order it is the responsibility of the sexual offender to provide a certified copy of the order to the TBI.

(4) An individual may not file more than one (1) petition for removal from the sexual register during any five-year period.

(5) Upon receipt and verification of notice of the death of a registered offender, the TBI CIU shall expunge all data pertaining to a sexual offender from the centralized record system.

History

Authority: T.C.A. §§40-39-107, 40-39-109, and 40-39-110.
Administrative History: Original rule filed December 19, 2001; effective April 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-05-.08 VIOLATIONS - PENALTIES

(1) An individual who knowingly falsifies a sexual offender registration/ monitoring form or verification/ monitoring form shall be guilty of a Class A misdemeanor for the first offense, which is punishable by confinement in the county jail for not less than one hundred eighty (180) days.

(2) Any subsequent violation shall constitute a Class E felony.

(3) If the offender is on probation, parole, or any other alternative to incarceration, then such falsification shall also constitute grounds for revocation of probation, parole, or other alternative to incarceration.

(4) An offender who knowingly fails to timely disclose required information including signature or photographs or to timely deliver required registration/ monitoring or verification/ monitoring forms to the TBI CIU shall be deemed to have committed a falsification to the same extent as actually providing false information.

(5) In a prosecution for violation of the registration and/or monitoring requirements, in lieu of live testimony the TBI CIU records custodian may issue a sworn affidavit regarding the registry records of registered sexual offenders.

History

Authority: T.C.A. § 40-39-108.
Administrative History: Original rule filed December 19, 2001; effective April 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-05-.09 SUBPOENAS - FEES

(1) When an employee of the TBI CIU receives a subpoena to testify in a civil lawsuit relating to information contained in the file of a registered sexual offender the employee shall be considered on State business, and the State shall be compensated for his/her time away from his/her primary duties.

(2) Fees for compiling documents and materials, copying charges, and fees for expert and other testimony shall be charged at the level set in TBI Policy 7-2-004 (Fees for Production of Documents and Testimony).

(3) Expenses are to be calculated in accordance with Rule 1395-1-6-.06 of the Tennessee Bureau of Investigation.

History

Authority: T.C.A. §§ 4-4-103 and 38-6-101.
Administrative History: Original rule filed December 19, 2001; effective April 30, 2002.

Chapter 1395-01-06 Tennessee Bureau of Investigation Policy Regarding Production of Documents and Testimony

Tenn. Comp. R. & Regs. 1395-01-06-.01 DEFINITIONS

The following definitions shall apply to the terms in this chapter:

(1)Bureau - means the Tennessee Bureau of Investigation or TBI.

(2)CID - means the Criminal Investigation Division.

(3)Civil action - means any State or Federal civil judicial proceeding in a court of record, including any proceeding in which a State employee is a party in the employee’s official or individual capacity and any proceeding pursuant to 28 U.S.C. § 2254.

(4)Investigative records - means anything contained in the investigative files of the bureau, which are confidential pursuant to Tenn.Code Ann. §10-7-504(a)(2).

(5)Criminal action - means any State, Federal, or foreign criminal investigation or prosecution by a law enforcement agency, including any State post-conviction proceeding.

(6)DID - means the Drug Investigation Division.

(7)Director - means the director of the bureau.

(8)FSD - means the Forensic Services Division.

(9)General counsel - means the chief in-house attorney for the bureau.

(10)Law enforcement agency - means any State, Federal, or foreign governmental agency having statutory power of arrest whose primary function is that of detection, apprehension, and institution of prosecutions and which allocates more than fifty percent (50%) of its budget to the administration of criminal justice. Law enforcement agency also means the office of any State, Federal, or foreign prosecutor and the Tennessee Attorney General, but not a State, Federal, or foreign public defender.

(11)Legal process - means any State or Federal subpoena or order in a civil action.

(12)Legal counsel - means the general counsel or any other lawyer employed as an attorney by the bureau or an attorney with the Office of the Attorney General of Tennessee.

(13)Official information - means any documents, material or information acquired or created by the bureau as a part of its official duties or acquired by an employee because of the employee’s official status. This term also includes the testimony of an employee on a matter within the scope of the employee’s official duties, or testimony based on knowledge acquired by an employee by virtue of that employee’s official status. Official information includes, but is not limited to, “confidential information.”

(14)Request to inspect - means a request to inspect public records pursuant to the Tennessee Public Records Act, Tenn.Code Ann. §10-7-503.

(15)State - means the State of Tennessee.

History

Authority: T.C.A. §§4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S. Ct. 416, 95 L. Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-06-.02 PURPOSE

(1)Due to the inherently intrusive nature of criminal investigations and the sensitive nature of material contained in bureau records, access by the public to records of the bureau is extremely limited and subject to several considerations. The bureau has promulgated this chapter to provide guidance and information to persons who may seek access.

(2)Pursuant to the Tennessee Public Records Act, Tenn.Code Ann. §10-7-504(a)(2), investigative records of the bureau “shall be treated as confidential and shall not be open to inspection by members of the public.” Access to investigative records may be gained only in compliance with process from a court of record, including either a subpoena or a court order. Access to investigative records may not be gained under this statute by using process from an administrative tribunal, a general sessions court, a city court, or other court that is not of record. Accordingly, the director (a)does not produce investigative records pursuant to a request to inspect or pursuant to subpoenas or orders from tribunals that are not courts of record, such as administrative tribunals, general sessions courts, and city courts;

(b)opposes any access to investigative records in the absence of a protective order limiting the use of those records, even if records are released pursuant a court of record’s subpoena or order; and (c)does not produce investigative records in response to any subpoena or order issuing from a tribunal with no in personam jurisdiction over bureau personnel.

(3)In addition to the general confidentiality found in Tenn. Code Ann. §10-7-504(a)(2), bureau records are subject to specific restrictions on their release as “otherwise provided by state [and Federal] law.”

The director resists producing material that is specifically confidential and privileged. For example, the bureau cannot release (a)National Crime Information Center records, pursuant to 28 C.F.R. §20.33;

(b)records obtained from the Federal Bureau of Investigation, pursuant to 5 U.S.C. §552(b) and 28 C.F.R. §16.96(g);

(c)Social Security Numbers, pursuant to 5 U.S.C. §552a Note, Disclosure of Social Security Numbers;

(d)information protected by the holding in Kallstrom vs City of Columbus, 136 F.3d 1055, 1066 (6th Cir. 1998);

(e)medical information protected by the holding in Stenson vs City of Knoxville, E.D.Tenn.No. 3- 98-cv-142 (Memorandum and Order, R. 27, August 26, 1998);

(f)information protected by the informer’s privilege, and (g)information protected by the attorney work product doctrine, Tenn.R.Crim.P. 16.

(4)Accordingly, this chapter is designed to:

(a)Assist courts of record by establishing written procedures to govern the production of investigative records in response to legal process;

(b)Ensure timely and complete responses by the bureau to legal process;

(c)Protect against the release of privileged or confidential information as otherwise provided by State and Federal law; and (d)Provide for review of legal process by legal counsel and by the Tennessee Attorney General to determine whether: 1.the demand is procedurally and legally correct; 2.the appropriate employee has been designated to supply the required documents or testimony; and 3.any legal defense should be asserted against compliance with legal process.

History

Authority: T.C.A. §§4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S.Ct. 416, 95 L.Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45; Page vs Turncott, 179 Tenn. 491, 167 S.W.2d 350 (1943).
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-06-.03 SCOPE

(1)This chapter applies to every civil action.

(2)This chapter does not apply to any criminal action, with this exception:

(a)The bureau may resist legal process against which there is any ground for resistance, including that the legal process appears to be irregular in form, to be an attempt to subvert the normal discovery process, or to be an attempt to extend discovery beyond that provided by Tenn.R.Civ.P. 16 or its counterparts in other jurisdictions, or to make bureau personnel or facilities available for use by defense counsel or defense experts.

(3)This chapter does not create any right or benefit, substantive or procedural, enforceable against the bureau or the State.

(4)This chapter does not restrict the ability of the bureau to cooperate in any way with another law enforcement agency.

History

Authority: T.C.A. §§4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S.Ct. 416, 95 L.Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-06-.04 CIVIL ACTIONS

(1)The bureau’s records, employees, and property shall not be made available unless legal process conforms to the requirements of this rule.

(2)Other than the general counsel, no bureau employee or former employee is authorized to accept service of legal process for any attempt to reach the bureau’s records, employees, or property. The general counsel may be served in person or by facsimile transmission as follows:

General Counsel Tennessee Bureau of Investigation 901 R.S. Gass Boulevard Nashville, TN 37216-2639 Voice:615.744.4000 Fax:615.744.4500 (3)The bureau shall have at least 20 days within which to comply.

(4)The legal process must describe with reasonable particularity the matters upon which examination or document production is requested. Records are maintained by two different custodians, one for the FSD and another for the CID and DID.

(5)In addition, the general counsel may require a written statement setting forth a summary of the testimony, documents, material or information sought and their relevance to the civil action. Any authorization for production or testimony may be limited to the scope of the written statement.

(6)The general counsel may authorize the appropriate custodian to make production or may authorize the appropriate employee or former employee to give testimony. Due to resource limitations, an employee will not be authorized to testify for in excess of four hours plus travel time without the express consent of the general counsel. The deposition of designated custodians shall take place at the office of the custodian.

(7)The bureau may object in whole or in part to the legal process by raising objections in accordance with the law. Foremost, investigative records are confidential and will not be released absent entry of a protective order limiting their use. The following additional objections are typically made:

(a)relevance;

(b)privilege;

(c)confidentiality; and (d)whether the bureau should be protected from “annoyance, embarrassment, oppression or undue burden or expense” or “unreasonable or oppressive” legal process.

History

Authority: T.C.A. §§4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S.Ct. 416, 95 L.Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-06-.05 REGULATORY AGENCIES

(1)Unless otherwise provided by State or Federal law, upon written request by an authorized person of a State governmental agency, the general counsel may authorize disclosure to the requesting agency of criminal histories, records and data from bureau files, and the files of other states and Federal agencies for the limited purpose of determining whether a license or permit should be issued to any person engaged in an authorized activity affecting the rights, property or interests of the public.

(2)Unless otherwise provided by State or Federal law, when an investigation by the bureau uncovers information pertinent to the status of a person holding or applying for a license from any governmental agency, the general counsel may authorize release of that information for use by the agency in its regulatory function.

(3)At the discretion of the general counsel, a custody and receipt agreement may be required to limit use of confidential information.

History

Authority: T.C.A. §§4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S.Ct. 416, 95 L.Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-06-.06 EXPENSES

(1)At the discretion of the general counsel, the bureau may seek to recover costs for compliance with legal process, including an attorney’s fee for litigated matters.

(2)Fees for compiling documents and materials, copying charges, and fees for expert and other testimony shall be charged at the level set in TBI Policy §7-2-004 (Fees for Production of Documents and Testimony).

(a)Unless otherwise authorized by statute or regulations, the fee charged shall be equal to the rated adopted by the United States Internal Revenue Service in the Internal Revenue Code, IRS

Regulation § 301.7610-1(2)(l) & (ii). The charge shall be a per-copy fee and an hourly rate for all time spent collecting and reproducing the records.

(b)If there is not agreement on payment of costs, then the bureau may move the court for costs, including attorney’s fees for the time spent litigating the costs.

(3)When bureau employees are subpoenaed as witnesses in civil cases as a result of work performed in their official capacities as employees of the State, the employee shall be considered on State business and the State shall be compensated for their time away from their primary duties. The employee must submit a memorandum to the appropriate supervisor itemizing expenses including the employee’s salaried hourly rate, plus benefits and mileage at the State mileage rate, plus lodging, meals and incidentals, per State rates for overnight travel, and attach a copy of the subpoena to the memorandum. The name and address of the attorney shall be identified in the memorandum. Any remuneration relative to the serving of a subpoena or witness fee shall be forwarded to Fiscal Services for deposit in the General Fund for the State.

History

Authority: T.C.A. §§4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S.Ct. 416, 95 L.Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Tenn. Comp. R. & Regs. 1395-01-01-.07 CERTIFICATION OF RECORDS

(1)Whenever official attestation, sealing, and certification of records, reports, documents, and actions are required by law, certification does not create any greater or additional certification than authorized by law.

(2)Every report of the FSD rendered or administered in connection with any case in a criminal, juvenile, or municipal court, or when otherwise required by law, or dealing with alcohol or drug content of blood, breath or urine shall bear the following certification:

Certification:

I certify and attest that this document is the proper record it purports to be. /s/ Designated Representative of TBI Director (3)The following persons shall be responsible for the certification of any FSD report prepared at a bureau facility under their supervision:

(a)the assistant director for forensic services; or (b)any crime laboratory regional supervisor.

(4)The certification of criminal histories, when required by law, shall bear the certification in (2) above, and shall also contain the following certification:

Signature of Custodian of RecordsDate Typed or Printed Name (5)The attestation, scaling and certification of records, reports, documents, and actions other than those listed above, including theauthentication of identification of bureau personnel with the publicand internal documents of the bureau, shall be executed by the director,deputy director, assistant director, information systems director,personnel director, or general counsel, as appropriate to the materialcertified.

(6)All certification shall contain theofficial bureau seal as follows:

When the seal is used, it may be affixed by being printed or impressed.

History

Authority: T.C.A. §§4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S. Ct. 416, 95 L. Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45.
Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.

Chapter 1395-01-07 Crime on Campus Program

Tenn. Comp. R. & Regs. 1395-01-07-.01 PURPOSE AND SCOPE

To establish guidelines for college/university reporting, certification and sanctions under the Tennessee Incident Based Reporting System Program.

History

Authority: T.C.A. §§ 38-10-101, 38-10-102, 38-10-103, 38-10-104, 38-10-105, 49-7-2201, 49-7- 2202, 49-7-2203, 49-7-2204 and 49-7-2205.
Administrative History: Original rule filed November 19, 2007; effective March 28, 2008. .

Tenn. Comp. R. & Regs. 1395-01-07-.02 DEFINITIONS

(1) Agency Certification ⎯ The certification received from the TBI CSU for compliance with the TIBRS program.

(2) Alternate RAC ⎯ An Alternate Reporting Agency Coordinator with at least sixteen (16) hours of initial training and eight (8) hours annually thereafter on the TIBRS Program may be designated by each college/university submitting data to the TIBRS program at TBI CSU. Initial training must begin with an introductory level data collection class. If the college/university utilizes TBI’s TIBRS software, initial training must also include an introductory level software class (AFTER completion of the data collection class). If the college/university utilizes vendor software, initial training must include an introductory level data collection class followed by a TIBRS review class.

(3) Central Repository ⎯ The computer program maintained by the TBI CSU that receives all of the information sent from colleges/universities and transmits that information to the FBI.

(4) CSU ⎯ Crime Statistics Unit is the unit or section of the TBI responsible for maintaining the Central Repository for the collection of crime statistics from all colleges/universities.

(5) Data Checks ⎯ An analysis completed by the TBI CSU that ensures data submissions do not contain errors before the records are processed through the Central Repository.

(6) Error Report ⎯ The report generated by the TBI CSU when data submissions do not pass data checks at the central repository.

(7) FBI⎯Federal Bureau of Investigation.

(8) Fully Qualifying Colleges/Universities⎯As defined by the Tennessee Higher Education Commission: Public Universities, Public Community Colleges, Tennessee March, 2008 1 Technology Centers, Independent Colleges and Universities and Other Independent Professional Schools and Special Purpose Institutions. Section 1395-1-2-.03 through 1395-1-2-.06 are applicable to these institutions.

(9) NCIC⎯National Crime Information Center is a database of criminal information maintained by the FBI.

(10) Non-Compliance⎯ Requirements for TBI CSU certification on the TIBRS Program have not been met or adequately maintained.

(11) ORI Number ⎯ The Originating Agency Identifier is a nine-character identifier assigned by FBI NCIC or TBI CSU to an institution.

(12) Partially Qualifying Institutions⎯As defined by the Tennessee Higher Education Commission: Authorized Postsecondary Institutions that also receive Title IV funds and are required to submit crime statistics under 20 U.S.C.A 1070 et. seq. Section 1395⎯1⎯2⎯. 07 is applicable to these institutions.

(13) Quality Assurance Review ⎯ An investigation performed by the TBI CSU to ensure compliance with the certification requirements of the TIBRS Program.

(14) RAC ⎯ A Reporting Agency Coordinator with at least sixteen (16) hours of initial training and eight (8) hours annually thereafter on the TIBRS Program must be designated by each reporting college/university submitting data to the TBI CSU.

Initial training must begin with an introductory level data collection class. If the college/university utilizes TBI’s TIBRS software, initial training must also include an introductory level software class (AFTER completion of the data collection class). If the college/university utilizes vendor software, initial training must include an introductory level data collection class followed by a TIBRS review class.

(15) Re-certification ⎯ A process by which college/university in non-compliance with the TIBRS Program certification requirements can receive another chance to receive certification from the TBI CSU.

(16) TBI ⎯ Tennessee Bureau of Investigation.

(17) TIBRS ⎯ Tennessee Incident Based Reporting System is the program of the TBI that maintains a system of intrastate communication of vital statistics and information relating to crime, criminals and criminal activity.

(18) Training Database ⎯ A program maintained by the TBI CSU training staff that tracks training records of RAC and Alternate RAC staff members using the college/university’s ORI.

(19) Vendor⎯ A company that manufactures records management software that meets TIBRS reporting standards as found in the current TIBRS FILE layout specific document.

History

Authority: T.C.A. §§ 38-10-101, 38-10-102, 38-10-103, 38-10-104, 38-10-105, 49-7-2201, 49-7- 2202, 49-7-2203, 49-7-2204 and 49-7-2205.
Administrative History: Original rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-07-.03 TIBRS PROGRAM CERTIFICATION REQUIREMENTS

(1) The TBI CSU will be responsible for maintaining the Central Repository for the collection of crime statistics from all colleges and universities who meet the definition March, 2008 2 of Fully Qualifying. The responsibilities of the TBI CSU include, but are not limited to, the following:

(a) Processing data submissions through the Central Repository;

(b) Compiling and transmitting the data to the FBI monthly for law enforcement colleges/universities;

(d) Generating error reports to provide to colleges/universities that submit inaccurate data;

(e) Training RAC and Alternate RAC staff members from each college/university participating in the TIBRS Program; and (f) Performing Quality Assurance Reviews of all participating colleges/universities to ensure compliance with the requirements of the TIBRS Program.

(2) Each college/university that participates in the TIBRS Program shall be certified by the TBI CSU staff, upon meeting certification requirements.

(3) Certification requirements for each college/university shall include the following:

(a) Maintaining three consecutive months of data submission with an error rate of less than four (4%) percent when processed through the Central Repository; and (b) Designating a RAC, in writing by the administrator, who is responsible for submitting data to the TIBRS Program and who has the required amount of annual training on the Program.

(4) Colleges/universities that change software vendors are required to go through the certification process with the new software including:

(a) College/university must submit three consecutive months of data with an error rate of less than four (4%) percent with the new software.

(b) Previously submitted data using the software for which the college/university is currently certified must be available for editing and resubmission by utilizing either of the following methods:

Two calendar years of back data, including the current year can be converted to the new system by the new vendor and incorporated in a manner the data can be edited or deleted as need may require; or 2. Incidents submitted with the old software can be re-entered in the new software but the vendor must provide the capability of marking the incident as an update to allow the re-submission in an acceptable format by the TBI repository.

(c) If the college/university does not elect to continue entering TIBRS data in the system they are currently certified to use while attempting to attain certification in the new system, all data submitted with the new system will be processed live in the repository and will be subject to the requirements of submission with an acceptable error rate.

March, 2008 3

History

Authority: T.C.A. §§ 38-10-101, 38-10-102, 38-10-103, 38-10-104, 38-10-105, 49-7-2201, 49-7- 2202, 49-7-2203, 49-7-2204 and 49-7-2205.
Administrative History: Original rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-07-.04 DATA SUBMISSION PROCEDURES

(1) Colleges/universities shall submit crime statistic information monthly to the TBI CSU staff.

(2) Deadlines for data submissions are as follows:

(a) Information from the previous month is due to the TBI by the tenth (10 th ) day of the current month.

(b) Information concerning incidents occurring in the current month should be entered in that month when possible.

History

Authority: T.C.A. §§ 38-10-101, 38-10-102, 38-10-103, 38-10-104, 38-10-105, 49-7-2201, 49-7- 2202, 49-7-2203, 49-7-2204 and 49-7-2205.
Administrative History: Original rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-07-.05 ERROR REPORTS

(1) The TBI CSU shall process data submissions and enter information into the Central Repository unless the incidents do not pass the data checks and generate errors.

(2) The TBI CSU will forward error reports to each college/university for correction of incidents in a timely manner.

(3) Error reports shall contain the following information:

(a) Reason(s) the incident did not pass the data check query; and (b) Suggestions for correcting the error- only for colleges/universities using TBI’s software. Colleges/universities using commercial vendors should contact their vendors for assistance in this area.

(4) Errors shall be corrected as soon as the error reports are received by the college/university and corrected incidents re-transmitted no later than the second month after the error report is received; and (5) A letter will be sent by the TBI CSU to any college/university’s Administrator whose error rate for any month is four (4.0%) percent or higher.

History

Authority: T.C.A. §§ 38-10-101, 38-10-102, 38-10-103, 38-10-104, 38-10-105, 49-7-2201, 49-7- 2202, 49-7-2203, 49-7-2204 and 49-7-2205.
Administrative History: Original rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-07-.06 QUALITY ASSURANCE REVIEWS

(1) The TBI CSU will be responsible for conducting Quality Assurance Reviews for each college/university at least once in each audit cycle and will include a review of the following:

(a) All offense reports within a specified time period;

March, 2008 4 (b) Calls for service logs, where applicable;

(d) A review of the crime log available for public inspection; and (e) Quality control issues with the college/university data.

(2) The TBI CSU upon completion of the review will generate a formal written report detailing findings and recommendations for corrective actions.

(3) The college/university will have a specified time frame to submit a written response to the formal written report which should include corrective actions initiated by the college/university to address findings.

History

Authority: T.C.A. §§ 38-10-101, 38-10-102, 38-10-103, 38-10-104, 38-10-105, 49-7-2201, 49-7- 2202, 49-7-2203, 49-7-2204 and 49-7-2205.
Administrative History: Original rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-07-.07 SANCTIONS FOR NON-COMPLIANCE OF THE TIBRS PROGRAM

REQUIREMENTS.

(1) A college/university will be classified as non-compliant with the requirements of the TIBRS Program if any of the following incidents occur:

(a) Failure to submit data to the TBI CSU for three (3) consecutive months in a format accepted by the repository;

(b) Failure to submit by the 10 th of the following month for four (4) consecutive months;

(c) Failure to have a RAC or Alternate RAC (if applicable) receive the mandatory hours of TIBRS Program training annually;

(e) Failure to submit a written response to the TBI CSU detailing steps taken to implement suggested recommendations within sixty (60) days of receipt of the Quality Assurance Review report;

(f) Failure to correct errors identified in error reports sent back to the college/university within sixty (60) days of receipt of the report;

(g) Failure to appoint a RAC, in writing from the administrator, within thirty (30) days of starting reporting to the TIBRS Program;

(h) Failure to appoint a new RAC, in writing from the administrator, within thirty (30) days after the position has become vacant;

(i) Failure to produce all records requested for Quality Assurance Reviews; or (j) Failure to submit four (4) consecutive months of data with an error rate of less than four (4.0%) percent after the college/university has been certified.

March, 2008 5 (2) Failure to correct any of the incidents listed in section (j) of this part within thirty (30) days after notification by the TBI CSU will result in the college/university losing certification status.

(3) A college/university that has lost certification for the TIBRS Program may be recertified after the institution corrects the area(s) of non-compliance including submission of all missing data, and submits three (3) consecutive months of previously un-submitted data with an error rate of less than four (4.0%) percent.

(4) Notification of non-compliance with the requirements of the TIBRS Program shall be submitted by the TBI CSU to the Tennessee Board of Regents, the University of Tennessee Board of Trustees or the Higher Education Commission.

History

Authority: T.C.A. §§ 38-10-101, 38-10-102, 38-10-103, 38-10-104, 38-10-105, 49-7-2201, 49-7- 2202, 49-7-2203, 49-7-2204 and 49-7-2205.
Administrative History: Original rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-07-.08 PARTIALLY QUALIFYING INSTITUTIONS

(1) Institutions will forward a copy of the paper report submitted to the Department of Education under 20 U.S.C A. 1070 et. seq. by March 1st on an annual basis for the preceding year.

(2) The statistics for Partially Qualifying Institutions will be included in the annual Crime on Campus report prepared by TBI in a special section.

History

Authority: T.C.A. §§ 49-7-2201, 49-7-2202, 49-7-2203, 49-7-2204 and 49-7-2205.
Administrative History: Original rule filed November 19, 2007; effective March 28, 2008.

Tenn. Comp. R. & Regs. 1395-01-07-.09 GENERAL STATISTICAL INFORMATION

(1) Requests for crime statistics shall be made in writing to the supervisor of the TBI CSU.

(2) The Director shall designate a unit to correlate such reports to compile and submit to the governor and the general assembly in the form of an annual report.

(3) The TBI will produce an annual report of the crime statistics reported by all colleges and universities.

History

Authority: T.C.A. §§ 38-10-101, 38-10-102, 38-10-103, 38-10-104, 38-10-105, 49-7-2201, 49-7- 2202, 49-7-2203, 49-7-2204 and 49-7-2205.
Administrative History: Original rule filed November 19, 2007; effective March 28, 2008. March, 2008 6

Tenn. Comp. R. & Regs. 1395 — Tennessee Bureau of Investigation

Chapter 1395-01-01 Tennessee Crime Information Center

Tenn. Comp. R. & Regs. 1395-01-01-.01 SHORT TITLE

Tenn. Comp. R. & Regs. 1395-01-01-.02 STATEMENT OF INTENT AND APPLICATION

Tenn. Comp. R. & Regs. 1395-01-01-.03 DEFINITIONS

Tenn. Comp. R. & Regs. 1395-01-01-.04 APPLICABILITY OF FEDERAL AND STATE LAWS, RULES, REGULATIONS AND

Tenn. Comp. R. & Regs. 1395-01-01-.05 SCOPE OF RULES

Tenn. Comp. R. & Regs. 1395-01-01-.06 TENNESSEE INFORMATION ENFORCEMENT SYSTEM (TIES)

Tenn. Comp. R. & Regs. 1395-01-01-.07 AUTOMATED FINGERPRINT INFORMATION SYSTEM (AFIS)

Tenn. Comp. R. & Regs. 1395-01-01-.08 CERTIFICATION OF RECORDS

Tenn. Comp. R. & Regs. 1395-01-01-.09 REPEALED

Tenn. Comp. R. & Regs. 1395-01-01-.10 REPEALED

Chapter 1395-01-02 Tennessee Incident Based Reporting System Program

Tenn. Comp. R. & Regs. 1395-01-02-.01 PURPOSE AND SCOPE

Tenn. Comp. R. & Regs. 1395-01-02-.02 DEFINITIONS

Tenn. Comp. R. & Regs. 1395-01-02-.03 TIBRS PROGRAM CERTIFICATION REQUIREMENTS

Tenn. Comp. R. & Regs. 1395-01-02-.04 DATA SUBMISSION PROCEDURES

Tenn. Comp. R. & Regs. 1395-01-02-.05 ERROR REPORTS

Tenn. Comp. R. & Regs. 1395-01-02-.06 QUALITY ASSURANCE REVIEWS

Tenn. Comp. R. & Regs. 1395-01-02-.07 SANCTIONS FOR NON-COMPLIANCE WITH THE TIBRS PROGRAM

Tenn. Comp. R. & Regs. 1395-01-02-.08 NON-ENTERING AGENCY AGREEMENT REQUIREMENTS

Tenn. Comp. R. & Regs. 1395-01-02-.09 GENERAL STATISTICAL INFORMATION

Chapter 1395-01-03 Division of Tennessee Instant Check System Program

Tenn. Comp. R. & Regs. 1395-01-03-.01 PURPOSE AND SCOPE

Tenn. Comp. R. & Regs. 1395-01-03-.02 DEFINITIONS

Tenn. Comp. R. & Regs. 1395-01-03-.03 TICS PROGRAM IN GENERAL

Tenn. Comp. R. & Regs. 1395-01-03-.04 TICS PROGRAM INSTANT CHECKS REQUEST REQUIREMENTS

Tenn. Comp. R. & Regs. 1395-01-03-.05 DENIALS

Tenn. Comp. R. & Regs. 1395-01-03-.06 GUN SHOWS

Tenn. Comp. R. & Regs. 1395-01-03-.07 AUCTIONS

Chapter 1395-01-04 Criminal Intelligence Unit Automated Crimininal Intelligence System of Tennessee Program

Tenn. Comp. R. & Regs. 1395-01-04-.01 STATEMENT OF INTENT AND APPLICATION

Tenn. Comp. R. & Regs. 1395-01-04-.02 DEFINITIONS

Tenn. Comp. R. & Regs. 1395-01-04-.03 ACCESS CRITERIA

Tenn. Comp. R. & Regs. 1395-01-04-.04 DISSEMINATION OF INFORMATION

Tenn. Comp. R. & Regs. 1395-01-04-.05 INFORMATION RETENTION

Tenn. Comp. R. & Regs. 1395-01-04-.06 INQUIRY PROCEDURE

Tenn. Comp. R. & Regs. 1395-01-04-.07 TENNESSEE MISSING CHILDREN CLEARINGHOUSE

Chapter 1395-01-05 Sexual Offender Registration and Monitoring Program

Tenn. Comp. R. & Regs. 1395-01-05-.01 PURPOSE AND SCOPE

Tenn. Comp. R. & Regs. 1395-01-05-.02 DEFINITIONS

Tenn. Comp. R. & Regs. 1395-01-05-.03 SEXUAL OFFENDER REGISTRATION AND MONITORING PROGRAM IN

Tenn. Comp. R. & Regs. 1395-01-05-.04 MONITORING FORM REQUIREMENTS

Tenn. Comp. R. & Regs. 1395-01-05-.05 SEXUAL OFFENDER AND REGISTRATION MONITORING PROCESS

Tenn. Comp. R. & Regs. 1395-01-05-.06 RECORD SYSTEM

Tenn. Comp. R. & Regs. 1395-01-05-.07 REMOVAL FROM REGISTRATION AND MONITORING REQUIREMENTS

Tenn. Comp. R. & Regs. 1395-01-05-.08 VIOLATIONS - PENALTIES

Tenn. Comp. R. & Regs. 1395-01-05-.09 SUBPOENAS - FEES

Chapter 1395-01-06 Tennessee Bureau of Investigation Policy Regarding Production of Documents and Testimony

Tenn. Comp. R. & Regs. 1395-01-06-.01 DEFINITIONS

Tenn. Comp. R. & Regs. 1395-01-06-.02 PURPOSE

Tenn. Comp. R. & Regs. 1395-01-06-.03 SCOPE

Tenn. Comp. R. & Regs. 1395-01-06-.04 CIVIL ACTIONS

Tenn. Comp. R. & Regs. 1395-01-06-.05 REGULATORY AGENCIES

Tenn. Comp. R. & Regs. 1395-01-06-.06 EXPENSES

Tenn. Comp. R. & Regs. 1395-01-01-.07 CERTIFICATION OF RECORDS

Chapter 1395-01-07 Crime on Campus Program

Tenn. Comp. R. & Regs. 1395-01-07-.01 PURPOSE AND SCOPE

Tenn. Comp. R. & Regs. 1395-01-07-.02 DEFINITIONS

Tenn. Comp. R. & Regs. 1395-01-07-.03 TIBRS PROGRAM CERTIFICATION REQUIREMENTS

Tenn. Comp. R. & Regs. 1395-01-07-.04 DATA SUBMISSION PROCEDURES

Tenn. Comp. R. & Regs. 1395-01-07-.05 ERROR REPORTS

Tenn. Comp. R. & Regs. 1395-01-07-.06 QUALITY ASSURANCE REVIEWS

Tenn. Comp. R. & Regs. 1395-01-07-.07 SANCTIONS FOR NON-COMPLIANCE OF THE TIBRS PROGRAM

Tenn. Comp. R. & Regs. 1395-01-07-.08 PARTIALLY QUALIFYING INSTITUTIONS

Tenn. Comp. R. & Regs. 1395-01-07-.09 GENERAL STATISTICAL INFORMATION

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