Section 12.62.160. Release and use of criminal justice information; fees.

   (a) Criminal justice information and the identity of recipients of criminal justice information are confidential and exempt from disclosure under AS 40.25. The existence or nonexistence of criminal justice information may not be released to or confirmed to any person except as provided in this section and AS 12.62.180(d).
   (b) Subject to the requirements of this section, and except as otherwise limited or prohibited by other provision of law or court rule, criminal justice information
        (1) may be provided to a person when, and only to the extent, necessary to avoid imminent danger to life or extensive damage to property;
        (2) may be provided to a person to the extent required by applicable court rules or under an order of a court of this state, another state, or the United States;
        (3) may be provided to a person if the information is commonly or traditionally provided by criminal justice agencies in order to identify, locate, or apprehend fugitives or wanted persons or to recover stolen property, or for public reporting of recent arrests, charges, and other criminal justice activity;
        (4) may be provided to a criminal justice agency for a criminal justice activity;
        (5) may be provided to a government agency when necessary for enforcement of or for a purpose specifically authorized by state or federal law;
        (6) may be provided to a person specifically authorized by a state or federal law to receive that information;
        (7) in aggregate form may be released to a qualified person, as determined by the agency, for criminal justice research, subject to written conditions that assure the security of the information and the privacy of individuals to whom the information relates;
        (8) may be provided to a person for any purpose, except that information may not be released if the information is nonconviction information or correctional treatment information;
        (9) including information relating to a serious offense, may be provided to an interested person if the information is requested for the purpose of determining whether to grant a person supervisory or disciplinary power over a minor or dependent adult; and
        (10) may be provided to the person who is the subject of the information.
   (c) Unless otherwise provided for in regulations adopted by the commissioner, if access to criminal justice information is permitted under (b) of this section
        (1) the information may be released only by the agency maintaining that information;
        (2) the information may not be released under this section without first determining that the information is the most current information available within that criminal justice information system, unless the system is incapable of providing the most current information available within the necessary time period;
        (3) the information may not be released under this section until the person requesting the information establishes the identity of the subject of the information by fingerprint comparison or another reliable means of identification approved by the department;
        (4) the information may not be released under this section unless the criminal justice agency releasing the information records, and maintains for at least three years, the name of the person or agency that is to receive the information, the date the information was released, the nature of the information, and the statutory authority that permits the release; and
        (5) information released under this section may be used only for the purpose or activity for which the information was released.
   (d) Notwithstanding AS 40.25, a criminal justice agency may charge fees, established by regulation or municipal ordinance, for processing requests for records under this chapter, unless the request is from a criminal justice agency or is required for purposes of discovery in a criminal case. In addition to fees charged under AS 44.41.025 for processing fingerprints through the Alaska automated fingerprint system, the department may charge fees for other services in connection with the processing of information requests, including fees for contacting other jurisdictions to determine the disposition of an out-of-state arrest or to clarify the nature of an out-of-state conviction. The department may also collect and account for fees charged by the Federal Bureau of Investigation for processing fingerprints forwarded to the bureau by the department. The annual estimated balance in the account maintained by the commissioner of administration under AS 37.05.142 may be used by the legislature to make appropriations to the department to carry out the purposes of this chapter.
   (e) When an interested person requests information under (b)(9) of this section, the department may also obtain a national criminal history record check under AS 12.62.400 if the person submits the fingerprints and fees required for that check under (d) of this section.

Authorities

4.11.295; 8.01.063; 8.08.137; 8.15.020; 8.24.120; 8.26.060; 8.52.035; 8.61.030; 8.61.040; 8.61.050; 8.68.100;12.62.020;12.62.150;12.62.400;14.20.020;14.20.022;17.38.200;18.65.087;18.65.410;21.27.040;22.20.130;28.15.046;28.17.031;45.55.040;47.05.310

Notes

Implemented As

13 AAC 09.050
13 AAC 68.005
13 AAC 68.215
13 AAC 68.220
13 AAC 68.305
13 AAC 68.310
13 AAC 68.315
13 AAC 68.320
13 AAC 68.325
13 AAC 68.326
13 AAC 68.328
13 AAC 68.330
13 AAC 68.335
13 AAC 68.340
13 AAC 68.345
13 AAC 68.900

References

13 AAC 68.005
13 AAC 68.325
13 AAC 68.326
13 AAC 68.328
13 AAC 68.330
13 AAC 68.335
13 AAC 68.340
13 AAC 68.345
3 AAC 306.055
7 AAC 41.205
7 AAC 56.660
AS 4.11.295 .295">Sec. 04.11.295. Criminal justice information and records.
AS 8.01.063 .063">Sec. 08.01.063. Military courtesy licenses.
AS 8.08.137 .137">Sec. 08.08.137. Fingerprints; social security number.
AS 8.15.020 .020">Sec. 08.15.020. Qualifications for license.
AS 8.24.120 .120">Sec. 08.24.120. Application for operator's license.
AS 8.26.060 .060">Sec. 08.26.060. Application requirements.
AS 8.52.035 .035">Sec. 08.52.035. Criminal justice information and records.
AS 8.61.030 .030">Sec. 08.61.030. Qualifications for license..
AS 8.61.040 .040">Sec. 08.61.040. Licensure by credentials..
AS 8.61.050 .050">Sec. 08.61.050. Standards for license renewal..
AS 8.68.100 .100">Sec. 08.68.100. Duties and powers of board. [See delayed amendment note]..
AS 12.62.020 - 12.62.035. Collection, storage, access, and use. [Repealed,
AS 12.62.150 Completeness, accuracy, and security of criminal justice information.
AS 12.62.400 National criminal history record checks for employment, licensing, and other noncriminal justice purposes.
AS 14.20.020 Requirements for issuance of certificate; fingerprints.
AS 14.20.022 Subject-matter expert limited teacher certificate.
AS 17.38.200 Marijuana establishment registrations.
AS 18.65.087 Central registry of sex offenders.
AS 18.65.410 Applications.
AS 21.27.040 Application for license.
AS 22.20.130 Assistance for commissioner.
AS 28.15.046 Licensing of school bus drivers.
AS 28.17.031 Issuance and expiration of licenses; fees.
AS 45.55.040 Registration procedure; notice filing.
AS 47.05.310 Criminal history; criminal history check; compliance.

History

(Sec. 2 ch 118 SLA 1994; am Sec. 1 ch 53 SLA 2001; am Sec. 6 ch 79 SLA 2004; am Sec. 12 ch 41 SLA 2009)

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