Code of Massachusetts Regulations
803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES
Title 803 CMR 7.00 - Criminal Justice Information System (CJIS)
Section 7.16 - Collection and Submission of Arrest Data for Publication to Website

Universal Citation: 803 MA Code of Regs 803.7

Current through Register 1531, September 27, 2024

(1) Pursuant to M.G.L. c. 6, § 167A(i), CJAs shall provide arrest data to Executive Office of Public Safety and Security (EOPSS) and DCJIS in the format consistent with the National Incident-Based Reporting System of the FBI's Uniform Crime Reporting Program (NIBRS).

(a) All CJAs are subject to this requirement, specifically including but not limited to:
1. the Massachusetts State Police;

2. the Massachusetts Bay Transportation Authority Police Department;

3. any police department in the Commonwealth of Massachusetts or any of its subdivisions;

4. any law enforcement council, as defined in M.G.L. c. 40, § 4J, created by contract between or among cities and towns, pursuant to M.G.L. c. 40, § 4A;

5. any entity employing one or more special state police officers appointed pursuant to M.G.L. c. 22C, § 63; and

6. each public or private degree-granting post-secondary institution of higher education as required by M.G.L. c. 6, § 168C.

(b) Each CJA shall submit the required information to EOPSS by electronic means on a monthly basis.

(c) The data fields required for submission shall include all fields required by the FBI NIBRS reporting system and the Massachusetts technical specifications published by EOPSS and DCJIS.

(2) EOPSS will publish de-identified data on a quarterly basis to the internet and submit said information to the FBI.

(3) Criminal justice agencies that fail to submit data in accordance with the law and regulation are subject to sanctions by DCJIS including, but not limited to, mandatory trainings, monitoring, or suspension of CJIS access.

(4) Pursuant to M.G.L. c. 6, § 167A(i)(2), EOPSS and DCJIS shall publish additional guidelines describing:

(a) specific schedules for the submission, transmission and publication of the data;

(b) the specific format for the submission of arrest data;

(c) the categories of arrest data to be submitted, which shall in any event include for each arrest:
1. the name of the arresting authority;

2. the incident number;

3. the alleged offense;

4. the date and time of arrest;

5. the location of arrest; and

6. the race, ethnicity, gender, and age of the arrestee; and

(d) a description of categories of data which constitute personally identifiable information and therefore shall not be posted, not be made available to the public, and not be public records. Such personally identifiable information shall in any event include but not be limited to names and dates of birth of individual arrestees.

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