Ohio Administrative Code
Title 4501:2 - State Highway Patrol
Chapter 4501:2-10 - Law Enforcement Automated Data System (LEADS)
Section 4501:2-10-03 - Participation in LEADS
Universal Citation: OH Admin Code 4501:2-10-03
Current through all regulations passed and filed through September 16, 2024
(A) Participation in LEADS and the assignment of an originating agency identifier requires application and documentation the requester is:
(1) A criminal justice
agency.
(2) An agency under the
management control of a criminal justice agency. A criminal justice agency must
have a written agreement with a governmental division which operates the data
equipment used by agencies to access LEADS/NCIC to assure the criminal justice
agency has management control. This includes regional dispatch centers as a
cooperative effort entered into by political subdivisions in a particular area
for the purpose of providing consolidated and computer-assisted dispatch for
public safety purposes; that is, police, fire, and rescue services.
(3) A nongovernmental railroad or private
campus police department which performs the administration of criminal justice
and has arrest powers pursuant to state statute, which allocates a substantial
part (more than fifty per cent) of its annual budget to the administration of
criminal justice and which meets training requirements established by law or
ordinance for such officers.
(4) A
nongovernmental agency or subunit thereof which allocates a substantial part of
its annual budget (more than fifty per cent) to the administration of criminal
justice. The agency may have access to files, except criminal history record
information, provided such access is approved by LEADS.
(5) A governmental or nongovernmental
regional dispatch center, which provides communication services to criminal
justice agencies may be authorized access to files. Such centers shall be
required to execute an agreement with each criminal justice agency it serves
and with LEADS assuring compliance with all duly promulgated LEADS
rules.
(6) The national insurance
crime bureau (NICB), a nongovernmental, nonprofit agency, which acts as a
national clearinghouse for information on stolen vehicles and offers free
assistance to law enforcement agencies concerning automobile thefts,
identification and recovery of stolen vehicles may be provided limited access
to the LEADS and NCIC vehicle and license plate files and to the NCIC boat
files.
(7) A noncriminal justice
governmental bureau of motor vehicles (BMV) or division of motor vehicles
(DMV), established by a state statute, which provides vehicle registration and
driver record information to criminal justice agencies and has an essential
need to access the license plate and vehicle files may be authorized to
participate in LEADS, excepting criminal history record information. Such
registry shall be required to execute an agreement with LEADS assuring
compliance with all established rules.
(8) Intrastate regional systems.
(9) A governmental, noncriminal justice
agency created by federal, state or local code, whose mission is to enforce or
assist in enforcing federal, state or local laws or ordinances may access Ohio
and other state bureau of motor vehicle data as available.
(B) Agencies approved to participate in LEADS shall be granted access subject to the following restrictions:
(1) Full access (entry, retrieval, and
message switching capabilities):
(a) The
terminal must be staffed twenty-four hours a day, seven days a week, every day
of the year.
(b) The agency must
have the authority to act and to pursue persons entered as wanted when
apprehended by another agency per the pick-up radius/ extradition limitation
contained within the record.
(c)
Intrastate regional systems under criminal justice management control whose
central computer system is staffed twenty-four hours a day, seven days a week,
every day of the year.
(d) The
primary purpose of LEADS is the protection of the officer on the street;
therefore, terminal operators shall maximize entry capabilities to serve this
purpose, i.e. packing the record.
(2) Inquiry only (retrieval and message
switching capabilities):
(a) Terminals which
are not staffed twenty-four hours per day, seven days per week, each day of the
year.
(b) Noncriminal justice
agencies permitted access to LEADS.
(3) Mobile access:
(a) Agencies utilizing mobile access devices
may have full retrieval and message switching capabilities, including CCH data
and hard copy printouts of all LEADS output.
(b) CCH information and/or hard copy
printouts in the mobile access device environment are governed by the same
rule/policy as hard wired devices. Any agency wishing to provide mobile access
device service must have written approval of the CSO.
(c) A mobile access device shall not be
utilized in lieu of a traditional workstation in an office environment without
expressed written consent of the CSO or his/her designated authorized
agent.
(4) Non-terminal
agency:
(a) An agency which qualifies for an
ORI may enter into an agreement with the CSA/LEADS for LEADS service. LEADS
will provide the non-terminal agency with a copy of the participation agreement
and with copies of the administrative rules, operating manual and training
materials applicable to LEADS practitioners (road officers, secretaries,
clerks, etc.).
(b) Non-terminal
agencies authorized to receive LEADS data are certified as such in a database
prepared/maintained by LEADS which is accessible to all terminal
agencies.
(c) Unauthorized
non-terminal agency ORI's will be denied inquiry capabilities. Terminal
agencies must use the non-terminal ORI for inquiry functions when the request
is initiated by the non-terminal agency.
(C) Agencies participating in LEADS shall meet the following requirements:
(1) Remit
payment of all monetary obligations as invoiced by the Ohio state highway
patrol, administrators of LEADS.
(2) Assume responsibility for, and enforce,
system security and integrity.
(3)
Adhere to policies and guidelines published in the NCIC operating manual, CJIS
security policy, LEADS operating manual, LEADS security policy, newsletters,
and administrative messages from LEADS, all of which are either available on
the ODPS/LEADS intranet or disseminated to LEADS agencies.
(4) Ensure all terminal operators become
LEADS certified by completing the appropriate LEADS certification test within
the first six months of employment and recertify every two years thereafter.
New employees are permitted to use the LEADS terminal under the supervision of
a certified operator during the new employee training period.
(5) Limit LEADS access to certified operators
employed by the agency assigned the originating agency identifier (ORI).
Nonemployees cannot be used as LEADS terminal operators with the exception of
task force, special, reserve, or auxiliary officers commissioned by the agency,
or personnel under the management control of the assigned agency.
(6) Execute appropriate application,
participation agreement, and holder of the record forms. These forms must be
kept current and will be reviewed and updated triennially as part of the agency
audit. The completed forms will be filed with LEADS and the user
agency.
(7) Appoint a LEADS
terminal agency coordinator (TAC) and local agency security officer (LASO).
Each participating non-terminal agency must have a nonterminal agency
coordinator (NTAC).
(8) Conduct a
complete background investigation of all terminal operators including, but not
limited to:
(a) An applicant national
web-check ten-print electronic submission to BCI&I and FBI (within the
policies governing their systems.
(b) The agency is required to notify the CSO
of any applicant's criminal record. Existence of a criminal record may result
in the denial of access.
(9) Train all personnel of the agency having
access to LEADS data with the capabilities, services offered and rules of
LEADS. Compliance with this rule shall include, but is not limited to,
completion of the LEADS provided practitioner lesson plan and biennial security
awareness training.
(10) Restrict
entries in the LEADS trap file to law enforcement officers involved in
high-risk investigations, threatened with physical harm, or have reason to
believe physical harm could occur as a result of performing their duties.
(a) Trap requests shall include a contact
number for twenty-four hour notification. Failure to include a valid
twenty-four hour contact can result in the trap being deleted from the
system.
(b) Trap entries shall be
audited every twelve months. Failure to validate entries will result in the
trap being deleted from the system.
(11)
Enter protection
orders and warrants, which meet state or federal firearm prohibition criteria,
within seventy-two hours of receipt to ensure all disqualifying records are
accessible by the "National Instant Background Check System."
Disclaimer: These regulations may not be the most recent version. Ohio 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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