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TOPICS
•New Operational Process
•Employee Organizational Diagram
•Details for Record Validation and Correction
•CJISPR Finger Print Background Check Facts
•Adam Walsh
•CJIS PRPD Good Standing Certificate
•Systemic Trends
CJIS New Operational Process
• As instructed by the Puerto Rico Department of Justice Attorney General
CJIS will have to maximize human resources by modifying their duties
an/or reallocation of personnel.
• With the new tools created by CJIS and OJF, our office no longer need to
support the old structure created in 1987.
• The system automatically manage the following:
– System validates identity using DMV/DTOP
– Prosecutor has direct access to records and can include new data at any
moment, usually in less than 48 hours.
– As a result of CAP denegation
– ID Theft and other errors that were allowed in the old legacy systems
– As per old 1987 SOP CJIS needs to verify and correct incomplete data in the
systems.
– All transaction are dully recorded on separated system for eventual audits.
– System will verify duplicated records
CJIS New Operational Process
RCI:
Validation
Specialist
QA/Records
Validation:
RCI:
Legal Analysis
RCI:
Legal Analysis
RCI:
Validation
Specialist
RCI:
Validation
Specialist
RCI:
Validation
Specialist
RCI:
Validation
Specialist
RCI:
Validation
Specialist
Share
Point
• Criminal Record Validation
• NICS Processing
• Record Elimination Task
• Sex Offender Task
• ID Theft
• Good Certificate Errors
• Law 119
CJIS New Operational Process
Details for record validation and correction:
• Response Time – 2 to 4 weeks (Could be less time with required
personnel)
• Citizens request will be separated by type of criminal offense
misdemeanor or felony.
• Certain records will be processed with high priority if approved by
Directors. (Luna & Marin)
• Directors can assign records directly to any employee.
• Legal analysis assistants will assign record elimination or modification task,
as part of regular SOP to any CJIS employee, regardless of his/her actual
position or location.
• Prioritized cases will be based on urgency and reason for emission of CAP.
• CJIS legal analysis personnel will assign cases to personnel out side main
office in order to perform record elimination/correction tasks.
CJIS New Operational Process
Document workflow
• Phase 1
Client Arrives to
CJIS
CJIS Front Desk
Personnel
CJIS Front Desk
Personnel Verifies
Req Info from
Client presented all
required documents
CJIS will not Accept
Incomplete
Documents
CJIS Front Desk
provides list of
required
documents
No
Yes
Proceed Phase 2
CJIS New Operational Process
Document workflow
• Phase 2
CJIS Front Desk
Uploads Record to
Sharepoint - Does not
assign
CJIS Legal
Analysis
Housing
CJIS
Type of
Offense
Routing
CJIS Personnel FD will upload docs in
Sharepoint and in the Task Description
will provide Name of Individual, type of
offense: Misdemeanor & Felony.
Purpose
of
Request
Routing
Work/Lic
Study
Comply with required
document
NO
Yes Proceed to Phase 3
CJIS Legal Analysis team will review the
cases assign them to the Validation
Specialists with any special instruction as
needed. Legal analysis team can also
person Record Elimination Task .
CJIS New Operational Process
Document workflow
• Phase 3
VS 1
Validation Specialist
CJIS Legal Analysis assigns to
validation specialist .
Case
Routing
VS 2
VS 3CJIS Legal
Analysis
VS 4
VS 5
VS 6
1
1. Record
Corrected
2
2. All Doc are uploaded
to SharePoint and RCI
3
3. Administrative Assistance
prepares letter and close case, Validation Specialist
calls Individual to inform of Record Correction.
Declined
Declined for Legal Reasons
PRPD Suggested Operational Process
Details for record validation and correction:
• Response Time – 2 to 4 weeks (Could be less time with
required personnel)
• PRPD will work only misdemeanor Citizens requests, PRPD can
not eliminate any felony.
• Certain records will be processed with high priority if
approved by Directors.
• Directors can assign records directly to any employee.
• PRPD needs a Legal analysis assistant, the legal analysis
personnel will assign record elimination or modification task.
• Prioritized cases will be based on urgency and reason for
emission of CAP.
PRPD Suggested Operational Process
Document workflow
• Phase 1
Client Arrives to
PRPD
PRPD CAP emission
Personnel
PRPD Personnel
verifies Req Info
Client presented all
required documents
PRPD will not
Accept Incomplete
Documents
PRPD provides list
of required
documents
No
Yes
Proceed Phase 2
PRPD Suggested Operational Process
Document workflow
• Phase 2
PRPD Uploads Record
to Sharepoint - Does
not assign
Legal
Analysis
Housing
Type of
Offense
Routing
PRPD Personnel will upload docs in
Sharepoint and in the Task Description
provide Name of Individual, type of
offense: Misdemeanor.
Purpose
of
Request
Routing
Work/Lic
Study
Comply with required
document
NO
Yes Proceed to Phase 3
PRPD Legal Analysis team will review the
cases assign them to the Validation
Specialists with any special instruction as
needed. Legal analysis team can also
person Record Elimination Task .
PRPD Suggested Operational Process
Document workflow
• Phase 3
VS 1
Validation Specialist
PRPD Legal Analysis assigns to
validation specialist .
Case
Routing
VS 2
VS 3PRPD Legal
Analysis
VS 4
VS 5
VS 6
1
1. Record
Corrected
2
2. All Doc are uploaded
to SharePoint and RCI
3
3. Administrative Assistance
prepares letter and close case, Validation Specialist
calls Individual to inform of Record Correction.
Declined
Declined for Legal Reasons
CJISPR Finger Print Background Check Facts
Facts taken in consideration for the design of the new operational
Process
• In order to comply with Adam Walsh Section 151, 152 and 153 CJIS
Puerto Rico in conjunction with Puerto Rico Family Department
designed a process that will provide the capabilities to comply with
all requirements described in the Adam Walsh Act and SMART
Office and FBI CJIS requirements.
• CJIS Puerto Rico has identified review the system interoperability
issues that date from 2006 and designed a process that will help
discriminate who has a criminal record in local Criminal History and
National Criminal History databases.
CJISPR Finger Print Background Check Facts
• CJIS installed the first NCIC connected NIEM compliance in 2006. The company
designate to perform such installation was Datamaxx Technologies.
• During the same period of time PRPD installed a AFIS system contracted by IBM,
but technology was acquired from COGENT Inc.
• The PRPD AFIS system was connected to CJIS PR at San Juan Main Office location
in order to send Criminal Bookings “Finger prints” with all required information
to the FBI CJIS databases.
• The system was installed and configured in 2006 with on CJIS premises,
unfortunately the system had issues validating the information that is essential
for any NCIC transaction.
• PRPD AFIS system did not validated Social Security, Charges in under indictment
and did not modified the under indictment information after submission.
•
CJISPR Finger Print Background Check Facts
• PRPD fingerprints pre-2006 are very difficult to find in their databases. Our
office has requested several documents that are related to 1999 or pre-
2006 and there are no records or pictures that can be obtained and used to
match the identity of an individual.
• Puerto Rico CJIS has not sign the agreement with FBI to perform applicant
submissions, FBI sent MOU but still waiting for the amendment of CJIS law
that will let CJIS office charge other agencies when applicant submissions
are sent to FBI.
• FBI CJIS designated CJIS office as the central repository for finger print and
is the agency that is audited every 3 years by FBI as described in the CJIS
Policy.
Adam Walsh Requirements
Workflow Process
• Adam Walsh Subtitle C
– Access to Information and Resources Needed To Ensure That Children
Are Not Attacked or Abused
• Sec. 151. Access to national crime information databases.
• Sec. 152. Requirement to complete background checks before approval of any
foster or adoptive placement and to check national crime information
databases and State child abuse registries; suspension and subsequent
elimination of Opt-Out.
• Sec. 153. Schools Safe Act.
• Sec. 154. Missing child reporting requirements.
• Sec. 155. DNA fingerprinting.
Adam Walsh Requirements
Workflow Process
• US Department Of Justice and FBI CJIS provided reports of issues
with Puerto Rico data integrity. The issues were described during
FBI CJIS audit of 2007.
• FBI CJIS also performed a report on the established process that
PRPD and DOJ used to submit data, they also discovered several
issues with the duplicity of Social Security numbers and State IDs.
• Puerto Rico CJIS despite not having the funds to fix all know issues
delineated a process that will help comply with Adam Walsh
requirements.
Adam Walsh Requirements
Workflow Process
• Adam Walsh Requirement Process
– Agencies will perform name base check as described in the FBI CJIS
Policy.
– Agencies will validate provided documents from applicant,
• Social Security Number
• State ID – Need to comply with Real ID Act
• Birth Certificate
Stolen identity Procedure
• Family Department
• CJIS and PRPD
Stolen Identity Procedure
Validation and Identity Verification Process
• CJIS office or Authorized Agencies need to validated the following:
– Social Security Number – needs to be validated with original document and verified in CJIS
databases including DMV/DTOP
– State ID – Need to comply with Real ID Act DMV/DTOP
– Birth Certificate – Original document needs to be verified and validated.
– If the applicant has any of the following proceed to Applicant Validation Process:
• Order of Arrest
• Protection Order against
• Sex Offender or has a felony related to any offense described in SORNA Act. US Penal Code and Puerto Rico
Penal Code. - NCIC
• Child Abuse felony registered in the Tiering of offenses as per SORNA Act. US penal Code and Puerto Rico
Penal Code. – NCIC
– CJIS may request to perform a AFIS “biometric” verification in order to verify the identity of the
individual.
Adam Walsh Requirements
Workflow Process
Name Check for Positive Hit with Criminal Record
Validation and Identity Verification Process
• CJIS office or Authorized Agencies need to validated the following:
– Social Security Number – needs to be validated with original document and verified in
CJIS databases including DMV/DTOP
– State ID – Need to comply with Real ID Act DMV/DTOP
– Birth Certificate – Original document needs to be verified and validated.
– If the applicant has any of the following proceed to Applicant Validation Process:
• Order of Arrest
• Protection Order against
• Sex Offender or has a felony related to any offense described in SORNA Act. US Penal Code and
Puerto Rico Penal Code. - NCIC
• Child Abuse felony registered in the Tiering of offenses as per SORNA Act. US penal Code and
Puerto Rico Penal Code. - NCIC
Adam Walsh Requirements
Workflow Process
• Applicant Validation Process
– Applicants with one of the NCIC criteria described before need to:
• Coordinate visit to CJIS or PRPD in order request applicant fingerprints in
form FD-248.
• CJIS or PRPD need to request Criminal Fingerprints from FBI National
Databases.
• Finger prints from applicants need to be compared by PRPD AFIS (Automated
Finger Print Identification System) Analysis team.
• PRPD need to send an MFR indicating if the fingerprint are a positive or
negative match.
Adam Walsh Requirements
Workflow Process
• Child Removal Determination
– As per Puerto Rico Law 246 and its amendments, The Puerto Rico Family
Department will remove a minor from his house if its determined that the
child is in danger. Therefore the following criteria has been established as
guidance for initial course of action when one of the following scenarios
apply:
• Order of Arrest
• Protection Order against
• Sex Offender or has a felony related to any offense described in SORNA Act. US Penal
Code and Puerto Rico Penal Code. - NCIC
• Child Abuse felony registered in the Tiering of offenses as per SORNA Act. US penal
Code and Puerto Rico Penal Code. - NCIC
Adam Walsh Requirements
Workflow Process
• Analysis team will classify the offenses in order to identify the level of
danger that the minor can be involved and the removal of the child.
• Any Sexual Offence will be classified with A in the
Observation/comment field.
Classification Felony Description
A1 Rape
A2 Seduction
A3 Sodomy
A4 Bestiality
A5 Incest
A6 Dishonest Exhibitionist
Adam Walsh Requirements
Workflow Process
• Any type of murder, homicide will be classified as B.
• B Classification will also be another immediate disqualifier.
Classification Felony Description
B1 Murder
B2 Homicide
B3 Incite Suicide
Adam Walsh Requirements
Workflow Process
• Felonies not in the Adam Walsh Act, but described in Puerto
Rico Law 300 as disqualifiers.
Classification Felony Description
C1 Aggression
C2 Mutilation
C3 Domestic Violence
C4 Kidnaping
C5 Animal Abuse
C6 Child Abuse
C7 Arson
C8 Ravages / havoc
CAP / Good Standing Certificate
• In order to provide guidance to all users and delineate an
uniform/equal process, CJIS has developed a process as per
Attorney General and Police Super intendent Instructions to
clarify special situations encountered with the emissions of
Good Standing Certificates.
• The process is open to suggestions or modifications.
CAP/Good Standing Certificate
Considerations
• Law 314 Record Elimination
– When an individual request a record elimination and the person has
a pending case, CJIS personnel can not proceed to perform any
record elimination until the judicial process has finalize. Only the
information provided by “Fiscalias” would be admitted in order to
confirm that the case has finalized.
– PRPD can not manually generate a clean good standing certificate if
the individual has pending case in RCI, in addition to a former
criminal record.
CAP/Good Standing Certificate
Considerations
• Drug Court
– CJIS requested an internal change in the Integrated Criminal Record System
that will permit CJIS or Prosecutor Office employee modify the “Programa
de Desvios” option when the individual is under the program drug court,
this will produce a negative Good Conduct Certificate.
– When the individual fails to comply with the program, CJIS employee and
prosecutor will proceed as per instruction described in point 2 of the Drug
Court Procedure document.
– Probation Services is not a Drug Court program it should not be treated as
a “Programa de Desvios”.
CAP/Good Standing Certificate
Considerations
• Stolen Identity or duplicated social security/Driver License
– CJIS and PRPD will validate with PRPD Criminal Record Analysis team
and IAFIS Team the identity of the individual requesting the
certificate.
– PRPDP has records of all bookings
– PRPD can not manually generate a clean good standing certificate if
the individual has a duplicated entry in RCI.
Good Standing Certificate 30 Days Expiration Period
• The Puerto Rico Good Standing Certificate will be good for 30
days.
• Any Certificate older than 30 days will not be valid.
• The 30 days period will prevent individuals that could have
committed a felony in any Jurisdiction to use a old clean Good
Standing Certificate.
CAP/Good Standing Certificate
Considerations
• Criminal record with Missing Data
– Incident number or “querella” not in the system. Incomplete Incident
number will not let PRPD Generate Good Standing Certificate.
– Record has missing information related to the charges presented to the
individual. This issue will not let PRPD Generated the Good Standing
Certificate
– In this type of cases CJIS personnel will have to verify different systems in
order to update the criminal record and personal identifiable information
of the individual.
– In cases in which the available systems fails to provide the data (Pre 2014)
CJIS administration will send a MFR to the correspondent Court District
requesting the specific information needed to complete the case.
CAP/Good Standing Certificate
Considerations
• Real ID Validation
– If the individual does not have a valid government issue ID that its
real ID compliant (DTOP), the system can not generated a Good
Standing Certificate due to the fact that his identity can not be
verified.
– Special consideration will be taken for disabled civilian and elder
citizens.
• Need to verify Birth Certificate
• Any form of ID including Social Security
CAP/Good Standing Certificate
Considerations
• Driver License Issues
– New driver licenses have 7 digits.
– DTOP driver licenses with 6 digits are generating issues when
generating the Good Standing Certificate.
– Requested assistance from DTOP to correct issues from web service
to present all driver licenses with the same format.
Law 314 OCALARH CAP Certificate Procedure
• When an individual has an OCALARH order that indicates he
was rehabilitated to work, CJIS and PRPD will validate the order
with OCALARH and proceed to generate a clean certificate to
the individual.
• CJIS will generate another option similar to the “Programa de
desvios” to enable the emission of the Negative Good Standing
Certificate.
CAP Positive Certificate Re-Issue Procedure
Cost for CJIS Services
• CJIS requested an amendment of the law 243 of 2014, charge for
services.
• CJIS proposed that the Good Standing Certificate need to be
charged to the entity or civilian requesting it.
• Our Office proposes that the Good Standing Certificate cost to the
public will be $5.00 .
• Background checks or the Applicant submission need to be charged
in order to pay the FBI CJIS fee for each transaction.
• MOU between FBI CJIS and Puerto Rico CJIS need to be signed, but
the Puerto Rico CJIS Law needs to be modified in order to allow to
proceed with MOU.

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Operational process CJIS, PRPD and Family Department

  • 1. TOPICS •New Operational Process •Employee Organizational Diagram •Details for Record Validation and Correction •CJISPR Finger Print Background Check Facts •Adam Walsh •CJIS PRPD Good Standing Certificate •Systemic Trends
  • 2. CJIS New Operational Process • As instructed by the Puerto Rico Department of Justice Attorney General CJIS will have to maximize human resources by modifying their duties an/or reallocation of personnel. • With the new tools created by CJIS and OJF, our office no longer need to support the old structure created in 1987. • The system automatically manage the following: – System validates identity using DMV/DTOP – Prosecutor has direct access to records and can include new data at any moment, usually in less than 48 hours. – As a result of CAP denegation – ID Theft and other errors that were allowed in the old legacy systems – As per old 1987 SOP CJIS needs to verify and correct incomplete data in the systems. – All transaction are dully recorded on separated system for eventual audits. – System will verify duplicated records
  • 3. CJIS New Operational Process RCI: Validation Specialist QA/Records Validation: RCI: Legal Analysis RCI: Legal Analysis RCI: Validation Specialist RCI: Validation Specialist RCI: Validation Specialist RCI: Validation Specialist RCI: Validation Specialist Share Point • Criminal Record Validation • NICS Processing • Record Elimination Task • Sex Offender Task • ID Theft • Good Certificate Errors • Law 119
  • 4. CJIS New Operational Process Details for record validation and correction: • Response Time – 2 to 4 weeks (Could be less time with required personnel) • Citizens request will be separated by type of criminal offense misdemeanor or felony. • Certain records will be processed with high priority if approved by Directors. (Luna & Marin) • Directors can assign records directly to any employee. • Legal analysis assistants will assign record elimination or modification task, as part of regular SOP to any CJIS employee, regardless of his/her actual position or location. • Prioritized cases will be based on urgency and reason for emission of CAP. • CJIS legal analysis personnel will assign cases to personnel out side main office in order to perform record elimination/correction tasks.
  • 5. CJIS New Operational Process Document workflow • Phase 1 Client Arrives to CJIS CJIS Front Desk Personnel CJIS Front Desk Personnel Verifies Req Info from Client presented all required documents CJIS will not Accept Incomplete Documents CJIS Front Desk provides list of required documents No Yes Proceed Phase 2
  • 6. CJIS New Operational Process Document workflow • Phase 2 CJIS Front Desk Uploads Record to Sharepoint - Does not assign CJIS Legal Analysis Housing CJIS Type of Offense Routing CJIS Personnel FD will upload docs in Sharepoint and in the Task Description will provide Name of Individual, type of offense: Misdemeanor & Felony. Purpose of Request Routing Work/Lic Study Comply with required document NO Yes Proceed to Phase 3 CJIS Legal Analysis team will review the cases assign them to the Validation Specialists with any special instruction as needed. Legal analysis team can also person Record Elimination Task .
  • 7. CJIS New Operational Process Document workflow • Phase 3 VS 1 Validation Specialist CJIS Legal Analysis assigns to validation specialist . Case Routing VS 2 VS 3CJIS Legal Analysis VS 4 VS 5 VS 6 1 1. Record Corrected 2 2. All Doc are uploaded to SharePoint and RCI 3 3. Administrative Assistance prepares letter and close case, Validation Specialist calls Individual to inform of Record Correction. Declined Declined for Legal Reasons
  • 8. PRPD Suggested Operational Process Details for record validation and correction: • Response Time – 2 to 4 weeks (Could be less time with required personnel) • PRPD will work only misdemeanor Citizens requests, PRPD can not eliminate any felony. • Certain records will be processed with high priority if approved by Directors. • Directors can assign records directly to any employee. • PRPD needs a Legal analysis assistant, the legal analysis personnel will assign record elimination or modification task. • Prioritized cases will be based on urgency and reason for emission of CAP.
  • 9. PRPD Suggested Operational Process Document workflow • Phase 1 Client Arrives to PRPD PRPD CAP emission Personnel PRPD Personnel verifies Req Info Client presented all required documents PRPD will not Accept Incomplete Documents PRPD provides list of required documents No Yes Proceed Phase 2
  • 10. PRPD Suggested Operational Process Document workflow • Phase 2 PRPD Uploads Record to Sharepoint - Does not assign Legal Analysis Housing Type of Offense Routing PRPD Personnel will upload docs in Sharepoint and in the Task Description provide Name of Individual, type of offense: Misdemeanor. Purpose of Request Routing Work/Lic Study Comply with required document NO Yes Proceed to Phase 3 PRPD Legal Analysis team will review the cases assign them to the Validation Specialists with any special instruction as needed. Legal analysis team can also person Record Elimination Task .
  • 11. PRPD Suggested Operational Process Document workflow • Phase 3 VS 1 Validation Specialist PRPD Legal Analysis assigns to validation specialist . Case Routing VS 2 VS 3PRPD Legal Analysis VS 4 VS 5 VS 6 1 1. Record Corrected 2 2. All Doc are uploaded to SharePoint and RCI 3 3. Administrative Assistance prepares letter and close case, Validation Specialist calls Individual to inform of Record Correction. Declined Declined for Legal Reasons
  • 12. CJISPR Finger Print Background Check Facts Facts taken in consideration for the design of the new operational Process • In order to comply with Adam Walsh Section 151, 152 and 153 CJIS Puerto Rico in conjunction with Puerto Rico Family Department designed a process that will provide the capabilities to comply with all requirements described in the Adam Walsh Act and SMART Office and FBI CJIS requirements. • CJIS Puerto Rico has identified review the system interoperability issues that date from 2006 and designed a process that will help discriminate who has a criminal record in local Criminal History and National Criminal History databases.
  • 13. CJISPR Finger Print Background Check Facts • CJIS installed the first NCIC connected NIEM compliance in 2006. The company designate to perform such installation was Datamaxx Technologies. • During the same period of time PRPD installed a AFIS system contracted by IBM, but technology was acquired from COGENT Inc. • The PRPD AFIS system was connected to CJIS PR at San Juan Main Office location in order to send Criminal Bookings “Finger prints” with all required information to the FBI CJIS databases. • The system was installed and configured in 2006 with on CJIS premises, unfortunately the system had issues validating the information that is essential for any NCIC transaction. • PRPD AFIS system did not validated Social Security, Charges in under indictment and did not modified the under indictment information after submission. •
  • 14. CJISPR Finger Print Background Check Facts • PRPD fingerprints pre-2006 are very difficult to find in their databases. Our office has requested several documents that are related to 1999 or pre- 2006 and there are no records or pictures that can be obtained and used to match the identity of an individual. • Puerto Rico CJIS has not sign the agreement with FBI to perform applicant submissions, FBI sent MOU but still waiting for the amendment of CJIS law that will let CJIS office charge other agencies when applicant submissions are sent to FBI. • FBI CJIS designated CJIS office as the central repository for finger print and is the agency that is audited every 3 years by FBI as described in the CJIS Policy.
  • 15. Adam Walsh Requirements Workflow Process • Adam Walsh Subtitle C – Access to Information and Resources Needed To Ensure That Children Are Not Attacked or Abused • Sec. 151. Access to national crime information databases. • Sec. 152. Requirement to complete background checks before approval of any foster or adoptive placement and to check national crime information databases and State child abuse registries; suspension and subsequent elimination of Opt-Out. • Sec. 153. Schools Safe Act. • Sec. 154. Missing child reporting requirements. • Sec. 155. DNA fingerprinting.
  • 16. Adam Walsh Requirements Workflow Process • US Department Of Justice and FBI CJIS provided reports of issues with Puerto Rico data integrity. The issues were described during FBI CJIS audit of 2007. • FBI CJIS also performed a report on the established process that PRPD and DOJ used to submit data, they also discovered several issues with the duplicity of Social Security numbers and State IDs. • Puerto Rico CJIS despite not having the funds to fix all know issues delineated a process that will help comply with Adam Walsh requirements.
  • 17. Adam Walsh Requirements Workflow Process • Adam Walsh Requirement Process – Agencies will perform name base check as described in the FBI CJIS Policy. – Agencies will validate provided documents from applicant, • Social Security Number • State ID – Need to comply with Real ID Act • Birth Certificate
  • 18. Stolen identity Procedure • Family Department • CJIS and PRPD
  • 19. Stolen Identity Procedure Validation and Identity Verification Process • CJIS office or Authorized Agencies need to validated the following: – Social Security Number – needs to be validated with original document and verified in CJIS databases including DMV/DTOP – State ID – Need to comply with Real ID Act DMV/DTOP – Birth Certificate – Original document needs to be verified and validated. – If the applicant has any of the following proceed to Applicant Validation Process: • Order of Arrest • Protection Order against • Sex Offender or has a felony related to any offense described in SORNA Act. US Penal Code and Puerto Rico Penal Code. - NCIC • Child Abuse felony registered in the Tiering of offenses as per SORNA Act. US penal Code and Puerto Rico Penal Code. – NCIC – CJIS may request to perform a AFIS “biometric” verification in order to verify the identity of the individual.
  • 20. Adam Walsh Requirements Workflow Process Name Check for Positive Hit with Criminal Record Validation and Identity Verification Process • CJIS office or Authorized Agencies need to validated the following: – Social Security Number – needs to be validated with original document and verified in CJIS databases including DMV/DTOP – State ID – Need to comply with Real ID Act DMV/DTOP – Birth Certificate – Original document needs to be verified and validated. – If the applicant has any of the following proceed to Applicant Validation Process: • Order of Arrest • Protection Order against • Sex Offender or has a felony related to any offense described in SORNA Act. US Penal Code and Puerto Rico Penal Code. - NCIC • Child Abuse felony registered in the Tiering of offenses as per SORNA Act. US penal Code and Puerto Rico Penal Code. - NCIC
  • 21. Adam Walsh Requirements Workflow Process • Applicant Validation Process – Applicants with one of the NCIC criteria described before need to: • Coordinate visit to CJIS or PRPD in order request applicant fingerprints in form FD-248. • CJIS or PRPD need to request Criminal Fingerprints from FBI National Databases. • Finger prints from applicants need to be compared by PRPD AFIS (Automated Finger Print Identification System) Analysis team. • PRPD need to send an MFR indicating if the fingerprint are a positive or negative match.
  • 22. Adam Walsh Requirements Workflow Process • Child Removal Determination – As per Puerto Rico Law 246 and its amendments, The Puerto Rico Family Department will remove a minor from his house if its determined that the child is in danger. Therefore the following criteria has been established as guidance for initial course of action when one of the following scenarios apply: • Order of Arrest • Protection Order against • Sex Offender or has a felony related to any offense described in SORNA Act. US Penal Code and Puerto Rico Penal Code. - NCIC • Child Abuse felony registered in the Tiering of offenses as per SORNA Act. US penal Code and Puerto Rico Penal Code. - NCIC
  • 23. Adam Walsh Requirements Workflow Process • Analysis team will classify the offenses in order to identify the level of danger that the minor can be involved and the removal of the child. • Any Sexual Offence will be classified with A in the Observation/comment field. Classification Felony Description A1 Rape A2 Seduction A3 Sodomy A4 Bestiality A5 Incest A6 Dishonest Exhibitionist
  • 24. Adam Walsh Requirements Workflow Process • Any type of murder, homicide will be classified as B. • B Classification will also be another immediate disqualifier. Classification Felony Description B1 Murder B2 Homicide B3 Incite Suicide
  • 25. Adam Walsh Requirements Workflow Process • Felonies not in the Adam Walsh Act, but described in Puerto Rico Law 300 as disqualifiers. Classification Felony Description C1 Aggression C2 Mutilation C3 Domestic Violence C4 Kidnaping C5 Animal Abuse C6 Child Abuse C7 Arson C8 Ravages / havoc
  • 26. CAP / Good Standing Certificate • In order to provide guidance to all users and delineate an uniform/equal process, CJIS has developed a process as per Attorney General and Police Super intendent Instructions to clarify special situations encountered with the emissions of Good Standing Certificates. • The process is open to suggestions or modifications.
  • 27. CAP/Good Standing Certificate Considerations • Law 314 Record Elimination – When an individual request a record elimination and the person has a pending case, CJIS personnel can not proceed to perform any record elimination until the judicial process has finalize. Only the information provided by “Fiscalias” would be admitted in order to confirm that the case has finalized. – PRPD can not manually generate a clean good standing certificate if the individual has pending case in RCI, in addition to a former criminal record.
  • 28. CAP/Good Standing Certificate Considerations • Drug Court – CJIS requested an internal change in the Integrated Criminal Record System that will permit CJIS or Prosecutor Office employee modify the “Programa de Desvios” option when the individual is under the program drug court, this will produce a negative Good Conduct Certificate. – When the individual fails to comply with the program, CJIS employee and prosecutor will proceed as per instruction described in point 2 of the Drug Court Procedure document. – Probation Services is not a Drug Court program it should not be treated as a “Programa de Desvios”.
  • 29. CAP/Good Standing Certificate Considerations • Stolen Identity or duplicated social security/Driver License – CJIS and PRPD will validate with PRPD Criminal Record Analysis team and IAFIS Team the identity of the individual requesting the certificate. – PRPDP has records of all bookings – PRPD can not manually generate a clean good standing certificate if the individual has a duplicated entry in RCI.
  • 30. Good Standing Certificate 30 Days Expiration Period • The Puerto Rico Good Standing Certificate will be good for 30 days. • Any Certificate older than 30 days will not be valid. • The 30 days period will prevent individuals that could have committed a felony in any Jurisdiction to use a old clean Good Standing Certificate.
  • 31. CAP/Good Standing Certificate Considerations • Criminal record with Missing Data – Incident number or “querella” not in the system. Incomplete Incident number will not let PRPD Generate Good Standing Certificate. – Record has missing information related to the charges presented to the individual. This issue will not let PRPD Generated the Good Standing Certificate – In this type of cases CJIS personnel will have to verify different systems in order to update the criminal record and personal identifiable information of the individual. – In cases in which the available systems fails to provide the data (Pre 2014) CJIS administration will send a MFR to the correspondent Court District requesting the specific information needed to complete the case.
  • 32. CAP/Good Standing Certificate Considerations • Real ID Validation – If the individual does not have a valid government issue ID that its real ID compliant (DTOP), the system can not generated a Good Standing Certificate due to the fact that his identity can not be verified. – Special consideration will be taken for disabled civilian and elder citizens. • Need to verify Birth Certificate • Any form of ID including Social Security
  • 33. CAP/Good Standing Certificate Considerations • Driver License Issues – New driver licenses have 7 digits. – DTOP driver licenses with 6 digits are generating issues when generating the Good Standing Certificate. – Requested assistance from DTOP to correct issues from web service to present all driver licenses with the same format.
  • 34. Law 314 OCALARH CAP Certificate Procedure • When an individual has an OCALARH order that indicates he was rehabilitated to work, CJIS and PRPD will validate the order with OCALARH and proceed to generate a clean certificate to the individual. • CJIS will generate another option similar to the “Programa de desvios” to enable the emission of the Negative Good Standing Certificate.
  • 35. CAP Positive Certificate Re-Issue Procedure
  • 36. Cost for CJIS Services • CJIS requested an amendment of the law 243 of 2014, charge for services. • CJIS proposed that the Good Standing Certificate need to be charged to the entity or civilian requesting it. • Our Office proposes that the Good Standing Certificate cost to the public will be $5.00 . • Background checks or the Applicant submission need to be charged in order to pay the FBI CJIS fee for each transaction. • MOU between FBI CJIS and Puerto Rico CJIS need to be signed, but the Puerto Rico CJIS Law needs to be modified in order to allow to proceed with MOU.