House Appropriations Public Safety Subcommittee Meeting January 9 2017 Dawn Diedrich Esq Director of Office of Privacy and Compliance Georgia Bureau of Investigation Criminal history records were created and used by the criminal justice community to aid in the administration of criminal justice ID: 769506
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House Appropriations Public Safety Subcommittee MeetingJanuary 9, 2017Dawn Diedrich, Esq.Director of Office of Privacy and ComplianceGeorgia Bureau of Investigation
Criminal history records were created and used by the criminal justice community to aid in the administration of criminal justice duties. The use of criminal history records by the non-criminal justice community to make suitability decisions for employment and licensing represents half of all fingerprint-based submissions in Georgia.PAST PRESENT
Employers and governmental agencies responsible for licensing and employment are seeking criminal background checks to:Enhance public safetyProtect vulnerable populationsSafeguard their organization from criminal activity, financial loss and liabilityWhy?
FBI’s Next Generation Identification (NGI) Rap Back Service
Rap Back for non-criminal justice purposes provides timely notification of criminal activity that occurs after the initial fingerprint-based criminal history background checks for those authorized to receive the information.Requires statutory authority to retain applicant fingerprintsRequires enrollment in the serviceRequires validation by agency that the applicant is still actively employed or licensedRAP BACK
DOES NOTProvide new authorityAllow for one set of fingerprints to be submitted for multiple purposes RAP BACK
Time to go get my fingerprint background check done.GBIFBIOther States Fingerprints are submitted , searched and retained. Criminal history provided to agencies for suitability determinations RAP BACK Arrested after initial background… Notification of future events that may affect suitability of persons serving in positions of trust Possible elimination of renewal background checks Enhances public safety at all levels Benefits
AuthoritiesforFederal BackgroundChecks
Public Law 92-544The authorization must exist as the result of legislative enactment;The authorization must require fingerprinting of the applicant;The authorization must expressly or by implication, authorize use of FBI records for screening of the applicant;The authorization must not be against public policy;The authorization must not be overly broad in its scope; it must identify the specific category of applicants/licensees.
O.C.G.A. 92-544 Statutes Authorized by the FBI20-1A-34 (Directors and employees of daycare centers, Group/family daycare homes, etc.) 20-2-211.1 (School teachers, principals, other certified professionals, school bus drivers, and cafeteria workers employed by the local school districts) 49-2-14, 49-5-64, 49-5-69.1 (Foster Parents, Child Welfare Agencies, Directors & Employees of Child Care Centers, etc.) 31-2-9, 31-7-254 (Personal Care Homes, Private Home Care, Community and Assisted Living) 37-1-28 (Employees or contractors involved in direct care, treatment, custodial responsibilities) 10-5-35, 43-24A-8, 43-25A-5, 43-26-7, 43-26-36.1, 43-38-6/7 (RNs, LPNs, Private Detectives/Security Businesses, Used Motor Vehicles, etc.)
16-11-129, 35-3-33, 29-9-19, 19-8-16 (Weapon Carry Permits, Bar Admissions, Guardianships/Conservatorships, Adoptions) 33-23-5.1 (Department of Insurance Licensees) 25-4-8, 3-3-2, 17-6-50, 38-3-27, 35-8-8, 15-16-1, 35-3-35 (Firefighters, Alcohol beverage control applicant, Retail liquor licenses, Ordinances, etc.) 40-5-82, 40-5-83, 43-13-4, 43-13-5, 43-12A-6, 43-13-6, 46-7-85 (Owners/Operators of DUI Alcohol/Drug Reduction, Driver Improvement, Training Schools, Ignition Interlock Device Providers, Awareness Program Instructors, Ride Share, etc.) 7-1-682, 7-1-702, 7-1-1004 (Check or Money Order, Check Cashing Business, Mortgage Licensees and Employees ) Note: Currently has direct access to Federal information via the SAFE Act. 31-11-51 (Emergency Medical Services – EMTs) O.C.G.A. 92-544 Statutes Authorized by the FBI
National Child Protection Actand Volunteers for Children Act(NCPA/VCA)Federal statute used in the absence of a state 92-544 when providing direct care for the vulnerable populations.Results must go back to a governmental agency
Public Law 109-248Adam Walsh Protection and Safety Act (AWA)Federal statute used in the absence of a state 92-544 statute for:Child Welfare AgenciesPrivate Elementary and Secondary Schools