2005 California Penal Code Sections 11112.1-11112.7 Article 3.5. Fingerprints and Photographs

PENAL CODE
SECTION 11112.1-11112.7

11112.1.  As used in this article:
   (a) "California Identification System" or "Cal-ID" means the
automated system maintained by the Department of Justice for
retaining fingerprint files and identifying latent fingerprints.
   (b) "Remote Access Network" or "RAN" means a uniform statewide
network of equipment and procedures allowing local law enforcement
agencies direct access to the California Identification System.
   (c) "Department" means the Department of Justice.
   (d) "Cal-ID Telecommunications System" means a statewide
telecommunications network dedicated to the transmission of
fingerprint identification data in conjunction with Cal-ID for use by
law enforcement agencies.
11112.2.  The department shall develop a master plan recommending
the type, number, and location of equipment necessary to implement
RAN.  The department shall also develop policy guidelines and
administrative procedures to facilitate the implementation and use of
RAN.  The RAN master plan shall include reasonable interface
specifications to access Cal-ID and shall be provided to any supplier
of automated fingerprint identification systems interested in
bidding on RAN by May 15, 1986.
   The master plan shall provide for the use of facsimile and direct
image "live read" fingerprint equipment under RAN, including
point-of-booking terminals.
   The department shall amend the master plan to include additional
processing, matching, and communications equipment at the Department
of Justice, and to recommend the type, number, and location of
equipment necessary to implement facsimile and direct image "live
read" fingerprint equipment as part of RAN, including
point-of-booking terminals.  Funding shall be on a shared basis
between the state and a region pursuant to Section 11112.5.
11112.3.  (a) The Attorney General shall appoint a RAN Advisory
Committee to review the master plan, policy guidelines, and
administrative procedures prepared by the department and advise the
Attorney General of any modifications the committee deems necessary.
Final approval and acceptance of the RAN Advisory Committee
proposals shall be made by the Attorney General.
   (b) The RAN Advisory Committee shall be composed of one
representative from each of the following:  The League of California
Cities, California Peace Officers' Association, California District
Attorneys' Association, California Police Chiefs' Association,
California State Sheriffs' Association, County Supervisors'
Association of California, Department of General Services, Office of
Information Technology, and the Department of Justice.  The members
of the committee shall select a chairperson.  The members shall serve
without compensation, but reasonable and necessary travel and per
diem expenses incurred by committee members shall be reimbursed by
the department.  The RAN Advisory Committee shall terminate January
1, 1989, unless extended by legislation enacted prior thereto.
11112.4.  (a) Within each county or group of counties eligible to
receive funding under the department's master plan for equipment,
that elects to participate in the Remote Access Network, a local RAN
board shall be established.  Where a single county is eligible to
receive funding, that county's RAN board shall be the local RAN
board.  Where a group of counties is eligible for funding, the local
RAN board shall consist of a regional board. The RAN board shall
determine the placement of RAN equipment within the county or
counties, and coordinate acceptance, delivery, and installation of
RAN equipment.  The board shall also develop any procedures necessary
to regulate the ongoing use and maintenance of that equipment,
adhering to the policy guidelines and procedures adopted by the
department.  The local board shall consider placement of equipment on
the basis of the following criteria:
   (1) The crime rate of the jurisdiction or jurisdictions served by
the agency.
   (2) The number of criminal offenses reported by the agency or
agencies to the department.
   (3) The potential number of fingerprint cards and latent
fingerprints processed.
   (4) The number of sworn personnel of the agency or agencies.
   (b) Except as provided in subdivision (c), each RAN board shall be
composed of seven members, as follows:  a member of the board of
supervisors, the sheriff, the district attorney, the chief of police
of the Cal-ID member department having the largest number of sworn
personnel within the county, a second chief selected by all other
police chiefs within the county, a mayor elected by the city
selection committee established pursuant to Section 50270 of the
Government Code, and a member-at-large chosen by the other members.
In any county lacking two chiefs of police, a substitute member shall
be selected by the other members on the board.  Groups of counties
forming a region shall establish a seven-member board with each
county having equal representation on the board and at least one
member-at-large.  If the number of participating counties precludes
equal representation on a seven-member board, the size of the board
shall be expanded so that each county has at least two
representatives and there is a single member-at-large.
   (c) In any county with a population of 5,000,000 or more, each
local board shall be composed of seven members, as follows:  a member
of the board of supervisors, the sheriff, the district attorney, the
chief of police of the Cal-ID member department having the largest
number of sworn personnel within the county, a second chief selected
by all other police chiefs within the county, the mayor of the city
with the greatest population within the county that has a Cal-ID
member police department, and a member-at-large chosen by the other
members.  In any county lacking two chiefs of police, a substitute
member shall be selected by the other members of the board.
   (d) A county which is a part of a regional board may form a local
RAN advisory board.  The purpose of the local RAN advisory board
shall be to provide advice and recommendations to the county's
representatives on the regional RAN board.  The local RAN advisory
board may appoint alternate members to the regional RAN board from
the local RAN advisory board to serve and work in the place of a
regional RAN board member who is absent or who disqualifies himself
or herself from participation in a meeting of the regional RAN board.
   If a vacancy occurs in the office of a regional RAN board in a
county which has established a local RAN advisory board, an alternate
member selected by the local RAN advisory board may serve and vote
in place of the former regional RAN board member until the
appointment of a regional RAN board member is made to fill the
vacancy.
11112.5.  (a) Costs for equipment purchases based upon the master
plan approved by the Attorney General, including state sales tax,
freight, insurance, and installation, shall be prorated between the
state and local governmental entity.  The state's share shall be 70
percent.  The local government's share shall be 30 percent, paid in
legal tender.  Purchases may be made under the existing Cal-ID
contract through the Department of General Services.
   (b) Alternatively, at the discretion of the local board, an
independent competitive procurement may be initiated under the
following conditions:
   (1) Prior to submitting a bid in an independent procurement, any
prospective bidder must demonstrate the ability to meet or exceed
performance levels established in the existing Cal-ID contract and
demonstrate the ability to interface with Cal-ID and meet or exceed
performance levels established in the existing Cal-ID contract
without degrading the performance of the Cal-ID system.
   (2) Both qualifying benchmarks will be at the prospective bidder's
expense and will be conducted by the Department of Justice.
   (3) In the event that no vendor other than the existing contract
vendor qualifies to bid, purchases shall be made by the Department of
General Services on behalf of local agencies pursuant to the
existing Cal-ID contract.
   (c) Competitive local procurements must adhere to the following
guidelines:
   (1) Administrative requirements contained within Section 5200 of
the State Administrative Manual shall be met.
   (2) Local procurements shall not increase the costs the state
would otherwise be obligated to pay.
   (3) Final bids submitted in an independent procurement shall
contain a signed contract that represents an irrevocable offer that
does not materially deviate from the terms and conditions of the
existing Cal-ID contract.
   (4) The selected vendor shall post a performance bond in an amount
equal to 25 percent of the local equipment costs.  The bond shall
remain in effect until the local acceptance test has been
successfully completed.
   (5) Requests for tender, including contract language, shall be
approved by the Department of General Services prior to release.  The
Department of General Services and the Department of Justice shall
be represented on the evaluation and selection team.
   (d) The local government agency shall be responsible for all costs
related to conducting a local bid, site preparation, equipment
maintenance, ongoing operational costs, file conversion over and
above those records that are available on magnetic media from the
Department of Justice, and equipment enhancements or systems design
which exceed the basic design specifications of the Department of
Justice.  The state shall provide sufficient circuitry from
Sacramento to each county, or group of counties to handle all
fingerprint data traffic.  The state shall provide for annual
maintenance of that line.
11112.6.  (a) The Cal-ID Telecommunications System shall be under
the direction of the Attorney General and shall be used exclusively
for the official business of the state, and the official business of
any city, county, city and county, or other public agency.
   (b) The Cal-ID Telecommunications System shall provide
telecommunication lines to one location in every participating
county.
   (c) The Cal-ID Telecommunications System shall be maintained at
all times by the department with equipment and facilities adequate to
meet the needs of law enforcement.  The system shall be designed to
accommodate present and future data transmission equipment.
11112.7.  The Attorney General shall provide an annual status report
to the Legislature beginning January 1, 1987, with the final report
due January 1, 1990.  The report shall include the status of the
project to date, funds expended, and need, if any, for revision to
the master plan.



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