Code of Massachusetts Regulations
501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Title 501 CMR 18.00 - Data Collection and Reporting Standards for Criminal Justice Agencies
Section 18.04 - Collection Requirements
Universal Citation: 501 MA Code of Regs 501.18
Current through Register 1531, September 27, 2024
Criminal Justice Agencies shall collect and record their applicable data to meet the requirements prescribed by 501 CMR 18.00. At a minimum, the Trial Court may order and these Criminal Justice Agencies shall assign OBTNs, collect fingerprints, and SIDs as set forth in 501 CMR 18.04.
(a) Fingerprint Collection.
1. The Trial Court
may order and these Criminal Justice Agencies shall collect fingerprints and
submit them to the State Identification Section (SIS) in accordance with the
requirements set forth by the Department of State Police.
2. Fingerprint collection is required
pursuant, but not limited, to:
a. M.G.L. c.
263, § 1A and c. 94C, § 45 respectively, a set of fingerprints must
be taken and submitted to the SIS, for individuals arrested or taken into
custody for a felony or arrested or charged with a felony violation of
controlled substance laws;
b.
M.G.L. 127, § 23, fingerprints must also be taken by the Department of
Correction and Houses of Correction when an Offender is committed under a
sentence for any offense including when an additional commitment occurs while
the Offender is in custody and the Trial Court may order fingerprints be taken
of a person convicted of a felony if the Offender is not committed to a penal
institution.
c. The SIS will also
accept and process fingerprint submissions for a misdemeanor charge.
(b) OBTN.
1. Criminal
Justice Agencies shall include OBTNs on all fingerprint submissions to the SIS
in accordance with the requirements set forth by the SIS.
2. An OBTN must be submitted for felony
indictments when the corresponding charges result from an arrest pursuant to
M.G.L. c. 212, § 7. State and local police departments shall submit an
Offender's OBTN with applications for felony complaints for both adults and
juveniles pursuant to the provisions of M.G.L. c. 218, § 32A and M.G.L. c.
119, § 54.
3. The construct of
each OBTN must conform to the format and protocols established by the SIS as
follows: the arrest event is identified by the letter T (or other designated
prefix) followed by the agency's three characters CJIS code (e.g., BOS for the
Boston Police Department) and a sequentially numbered suffix. Houses of
Correction and the Department of Correction shall incorporate the
point-of-arrest OBTN into their respective booking processes. If a House of
Correction or Department of Correction cannot obtain the point-of-arrest OBTN,
then it must generate its own OBTN. To distinguish the arrest event from the
custodial event, the prefix J (jail), H (house of correction) or D (state
department of correction) will be substituted for the T
(arrest-tracking).
(c) SID.
1. Upon the
submission and retention of fingerprints by a criminal justice agency to the
SIS, a SID shall be created and electronically provided to the criminal justice
agency; in accordance with the requirements set forth by the SIS;
2. SIDs are required pursuant, but not
limited, to:
a. M.G.L. c. 212, § 7, SIDs
are required for felony indictments when the corresponding charges result from
an arrest;
b. M.G.L. c. 94C, §
45, SIDs are required for applications for felony complaints;
c. M.G.L. c. 127, § 23, SIDs are
required for all Offenders serving a sentence and may, by order of the Trial
Court, be required for an individual convicted of a felony but not committed to
a penal institution.
d. M.G.L. c.
126, § 40, SIDs are required for all persons committed to a jail or House
of Correction; and
e. M.G.L. c.
211B, § 22, "the trial court shall electronically send to the department
of state police all criminal case disposition information for the offender,
including sealing and expungement orders and dismissals, together with the
corresponding offense-based tracking number and fingerprint-based state
identification number, to the extent that the offender has been assigned such
numbers and the numbers have been provided to the court".
3. No SID shall be created by any criminal
justice agency other than the SIS. In order to comply with all of the
aforementioned statutory obligations, criminal justice agencies, excluding the
trial court, shall fingerprint an Offender and submit said fingerprints to the
SIS, which will create the SID. All fingerprints shall be accompanied by an
OBTN.
4. The SIS will create an SID
for misdemeanor charges accompanied by fingerprints.
The SID, OBTN and any other data elements required and available by 501 CMR 18.00 will be reported to the data warehouse.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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