Inquiry and Disclosure Standards

Title 42, USC, Section 14072 (j) states that the information collected by the FBI shall be disclosed by the FBI to local, state, and federal criminal justice agencies for law enforcement purposes and community notification. Regarding community notification, the statute further states the information collected under a State registration program may be disclosed for any purpose permitted under the laws of the State. Since all information maintained in the Convicted Sexual Offender Registry File is “collected under a State registration program,” the Convicted Sexual Offender Registry File should not be used for interstate community notification. Additionally, all Convicted Sexual Offender Registry File records are based on documented criminal history information and can only be disseminated in accordance with Title 28, USC, Section 534.

However, the Convicted Sexual Offender Registry File could be used to enhance the state’s community notification program. The following scenarios are provided to demonstrate appropriate use of the Convicted Sexual Offender Registry File information.

•      Upon issuance of new operator licenses, the motor vehicle department could initiate a check on the Convicted Sexual Offender Registry File. Results would be provided to an authorized criminal justice agency. Any possible hits would require an investigation to determine the individual’s identity and ascertain if the individual is required to register under the new state’s laws. If the individual failed to comply with registration requirements, he or she could be charged with that crime. Despite whether the individual is charged, the state could now register the offender and notify the community in accordance with the state laws.

•      In those states that provide registration information directly to the public, a procedure could be developed wherein every search of the state registration would also search the Convicted Sexual Offender Registry File. However, the result could not be provided to the public but only to an authorized criminal justice agency that would use the information to initiate an investigation. Any such program must comply with the CJIS Security Policy.