Ohio Admin. Code 4501:2-10-03 - Participation in LEADS

[Comment: For dates and availability of material incorporated by reference in this rule, see rule 4501:2-10-13 of the Administrative Code.]

(A) Participation in LEADS and the assignment of an a full access or limited access originating agency identifier requires application and documentation the requester meets criteria set forth in the NCIC operating manual - ORI file section. is:

Access to bureau of motor vehicles records may be granted if the requester is a governmental, noncriminal justice agency, or subunit thereof, 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.

(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 Direct access (entry, retrieval inquiry, and message switching capabilities):

(a) A criminal justice agency that qualifies for an ORI.

(a)(b) The terminal Entering agencies must be staffed must staff twenty-four hours a day, seven days a week, every day of the year or include instructions for after-hour hit confirmation in the miscellaneous field of applicable entries.

(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 or includes instructions for after-hour hit confirmation in the miscellaneous field of applicable entries.

(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)(2) Non-terminal agency Indirect access:

(a) An agency which qualifies for an ORI may enter into an agreement with the CSA/LEADS for LEADS and separately with a terminal agency to receive 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 Agencies authorized to receive indirectly access 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) Messages and/or throughput of any kind accessed through LEADS shall be restricted to the use of duly authorized law enforcement and/or criminal justice agencies for the administration of criminal justice. Access to and dissemination of LEADS throughput is governed by the CJIS security policy, LEADS manual, NCIC operating manual, III manual, N-DEx policy, NICS policy and Nlets policy.

(2) Direct access to LEADS shall be limited to certified operators. Each operator is accountable for all transactions occurring while their assigned account is logged on to a terminal accessing LEADS.

(1)(3) Remit payment of all monetary obligations as invoiced by the Ohio state highway patrol, administrators of LEADS. The following monthly fees have been established for participation in LEADS and will be reviewed annually by the superintendent or designee.

(a) Direct access is two hundred fifty dollars;

(b) Secure network connectivity is the direct access fee plus three hundred fifty dollars per router;

(c) VPN client-based network connectivity is the direct access fee plus five dollars per computer;

(d) Identity management and multi-factor authentication is five dollars per user;

(e) Indirect access is fifty dollars.

(2)(4) Assume responsibility for, and enforce, system security and integrity.

(3)(5) Adhere to policies and guidelines published in the NCIC operating manual, CJIS security policy, LEADS operating manual, III manual, N-DEx policy, NICS policy, Nlets policy, LEADS security policy, newsletters, and administrative messages from LEADS, all of which are either available on the ODPS/LEADS 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 all required agreements and forms. These agreements and forms must be kept current and will be reviewed on file for review and updated triennially as part of the agency audit. The completed agreements and forms will be filed with LEADS and the user agency.

(7) Appoint a LEADS terminal agency coordinator (TAC) and organizational personnel with security responsibilitieslocal agency security officer (LASO). Each participating non-terminal agency must have a non-terminal agency coordinator (NTAC). Agencies accessing N-DEx must appoint a N-DEx agency coordinator (NAC).

(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)(8) 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.

(9) All records must be kept accurate and up-to-date. Invalid records or data must be removed from the files immediately. Records not validated in accordance with LEADS and NCIC manuals are subject to removal. Failure to properly validate records as required will subject the agency to sanctions.

(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)(10) 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."

Notes

Ohio Admin. Code 4501:2-10-03

Effective: 10/1/2024
Five Year Review (FYR) Dates: 6/27/2024 and 06/01/2029
Promulgated Under: 119.03
Statutory Authority: 5503.10
Rule Amplifies: 5503.10
Prior Effective Dates: 10/10/1991, 03/28/1992, 04/11/1994, 09/29/1994, 10/21/1995, 05/27/1996, 07/31/1998, 07/01/2001, 11/01/2003, 12/23/2004, 02/15/2008, 04/05/2013, 09/25/2018 (Emer.), 01/01/2019