2022 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 86. DELAWARE CRIMINAL JUSTICE INFORMATION SYSTEM
§ 8602. Definitions.
For the purposes of this chapter:
(1) “Access” means the physical or electronic privilege to view, modify, or make use of criminal justice information, whether direct or indirect. For purposes of this term:
a. “Direct” means access to CJIS whether via authorized and approved Delaware Criminal Justice Information system (DELJIS) credentials or an authorized agency portal.
b. “Indirect” means access to criminal justice information, in oral, online or printed form, by an individual without approved DELJIS credentials for direct access.
(2) “Administration of criminal justice” means performance of any of the following activities:
detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correction supervision or rehabilitation of accused persons or criminal offenders, criminal identification activities, and the collection, storage, and dissemination of criminal justice information.(3) “Authorized agency” means any entity, criminal justice agency, or governmental agency which the Board determines complies with §§ 8610 and 8611 of this title.
(4) “Authorized user” means any employee, intern, extern, contractor, volunteer, or other individual, acting on behalf of an authorized agency, who has been appropriately vetted by the Board and has been granted access to criminal justice information.
(5) “Biographic data” means information about individuals associated with a unique case, and not necessarily connected to identity data. Biographic data does not provide a history of an individual, only information related to a unique case.
(6) “Biometric data” means data derived from 1 or more intrinsic physical or behavioral traits of humans typically for the purpose of uniquely identifying individuals from within a population. The term includes fingerprints, palm prints, iris scans, and facial recognition data.
(7) “Board” means the Delaware Criminal Justice Information System Board of Managers.
(8) “Case or incident history” means all relevant information gathered about an individual, organization, incident, or combination thereof, arranged so as to serve as an organized record to provide analytic value for a criminal justice agency. In regard to criminal justice information, it is the information about the history of incidents.
(9) “Criminal history record information” has the same meaning as set forth in § 8502 of this title.
(10) “Criminal justice agency” has the same meaning as set forth in § 8502 of this title.
(11) “Criminal justice information” or “CJI” means all Criminal Justice Information System data. The term includes:
criminal history record information; biographic data; biometric data; identity history; person, organization, property, or Division of Motor Vehicles data; case or incident history; and other data necessary for authorized agencies to make hiring decisions, perform their mission, and enforce the laws of this State.(12) “Criminal Justice Information System” or “CJIS” means the computer hardware, software, and communication network which is managed, operated, and maintained by the DELJIS for the collection, warehousing, and timely dissemination of CJI to authorized agencies.
(13) “Disposition” includes:
trial verdicts of guilty or not guilty; nolle prosequis; Attorney General probations; pleas of guilty or nolo contendere; dismissals; findings of incompetence to stand trial, delinquency or nondelinquency, or responsible or not responsible; and the initiation and completion of appellate proceedings.(14) “Dissemination” means the transmission of criminal justice information, or the confirmation of the existence or nonexistence of such information. The term shall not include any of the following:
a. Internal use of information by an officer or employee of the agency which maintains such information.
b. Transmission of information to the State Bureau of Identification.
c. Transmission of information to a criminal justice agency in order to permit the initiation of subsequent criminal justice proceedings.
d. Transmission of information in response to inquiries from criminal justice agencies.
(15) “Governmental agency” means any agency of the government of the United States or the State of Delaware or any political subdivision thereof. It does not include a private individual, corporation, or other nongovernmental entity.
(16) “Identity history” means textual data that corresponds with an individual's biometric data, providing a history of criminal or civil events for the identified individual.
(17) “Property data” means information about vehicles and property associated with a crime.
(18) “Requesting party” means any entity, criminal justice agency, or governmental agency seeking access to CJIS.
