Section 12.62.900. Definitions.

In this chapter,
        (1) "agency" means a criminal justice agency;
        (2) "automatic data processing" has the meaning given in AS 44.21.170;
        (3) "board" means the Criminal Justice Information Advisory Board;
        (4) "commissioner" means the commissioner of public safety;
        (5) "complete" means that a criminal history record contains information about the disposition of criminal charges occurring in the state and entered within 90 days after the disposition occurred;
        (6) "correctional treatment information" means information about an identifiable person, excluding past conviction information or current offender information, collected to monitor that person in a correctional facility or while under correctional supervision, including the person's current or past institutional behavior, medical or psychological condition, or rehabilitative progress;
        (7) "crime involving domestic violence" has the meaning given in AS 18.66.990;
        (8) "criminal history record information" means information that contains
             (A) past conviction information;
             (B) current offender information;
             (C) criminal identification information;
        (9) "criminal identification information" means fingerprints, photographs, and other information or descriptions that identify a person as having been the subject of a criminal arrest or prosecution;
        (10) "criminal justice activity" means
             (A) investigation, identification, apprehension, detention, pretrial or post-trial release, prosecution, adjudication, or correctional supervision or rehabilitation of a person accused or convicted of a crime;
             (B) collection, storage, transmission, and release of criminal justice information; or
             (C) the employment of personnel engaged in activities described in (A) or (B) of this paragraph;
        (11) "criminal justice agency" means
             (A) a court with criminal jurisdiction or an employee of that court;
             (B) a government entity or subdivision of a government entity that allocates a substantial portion of its budget to a criminal justice activity under a law, regulation, or ordinance; or
             (C) an individual or organization obligated to undertake a criminal justice activity under a written agreement with an agency described in (A) or (B) of this paragraph; as used in this subparagraph, "organization" includes an interagency or interjurisdictional task force formed to further common criminal justice goals;
        (12) "criminal justice information" means any of the following, other than a court record, a record of traffic offenses maintained for the purpose of regulating drivers' licenses, or a record of a juvenile subject to the jurisdiction of a court under AS 47.12:
             (A) criminal history record information;
             (B) nonconviction information;
             (C) correctional treatment information;
             (D) information relating to a person to be located, whether or not that person is wanted in connection with the commission of a crime;
        (13) "criminal justice information system" means an automatic data processing system used to collect, store, display, or transmit criminal justice information, and that permits information within the system, without action by the agency maintaining the information, to be directly accessed by another principal department of the state, another branch of state government, an agency of another state or the federal government, or by a political subdivision of a state or the federal government;
        (14) "current offender information" means information showing that an identifiable person
             (A) is currently under arrest for or is charged with a crime and
                  (i) prosecution is under review or has been deferred by written or oral agreement;
                  (ii) a warrant exists for the person's arrest; or
                  (iii) less than a year has elapsed since the date of the arrest or filing of the charges, whichever is latest;
             (B) is currently released on bail or on other conditions imposed by a court in a criminal case, either pretrial or post-trial, including the conditions of the release;
             (C) is currently serving a criminal sentence or is under the custody of the commissioner of corrections for supervision purposes; "current offender information" under this subparagraph includes
                  (i) the terms and conditions of any sentence, probation, suspended imposition of sentence, discretionary or mandatory parole, furlough, executive clemency, or other release; and
                  (ii) the location of any place of incarceration, halfway house, restitution center, or other correctional placement to which the person is assigned; or
             (D) has had a criminal conviction or sentence reversed, vacated, set aside, or has been the subject of executive clemency;
        (15) "department" means the Department of Public Safety;
        (16) "dependent adult" means an adult with a physical or mental disability who requires assistance or supervision with the activities of daily living;
        (17) "information" means, unless the context clearly indicates otherwise, data compiled within a criminal justice information system;
        (18) "interested person" means a person as defined in AS 01.10.060 that employs, appoints, or permits a person to serve with or without compensation in a position in which the employed, appointed, or permitted person has or would have supervisory or disciplinary power over a minor or dependent adult;
        (19) "nonconviction information" means information that an identifiable person was arrested or that criminal charges were filed or considered against the person and
             (A) a prosecutor or grand jury has elected not to begin criminal proceedings against the person and at least a year has elapsed since that decision;
             (B) criminal charges against the person have been dismissed or the person has been acquitted and at least a year has elapsed since that action; or
             (C) there is no indication of the disposition of the criminal charges or the arrest and at least a year has elapsed since the arrest, filing of the charges, or referral of the matter for review by a prosecutor, whichever is latest;
        (20) "past conviction information" means information showing that an identifiable person who has been unconditionally discharged has previously been convicted of a crime; "past conviction information" includes
             (A) the terms of any sentence, probation, suspended imposition of sentence, or discretionary or mandatory parole; and
             (B) information that a criminal conviction or sentence has been reversed, vacated, set aside, or been the subject of executive clemency;
        (21) "purge" means to delete or destroy information in a criminal justice information system so that there can be no access to the information;
        (22) "seal" means to retain information in a criminal justice information system subject to special restrictions on access or dissemination;
        (23) "serious offense" means a conviction for a violation or for an attempt, solicitation, or conspiracy to commit a violation of any of the following laws, or of the laws of another jurisdiction with substantially similar elements:
             (A) a felony offense;
             (B) a crime involving domestic violence;
             (C) AS 11.41.410 - 11.41.470;
             (D) AS 11.51.130 or 11.51.200 - 11.56.210;
             (E) AS 11.61.110(a)(7) or 11.61.125;
             (F) AS 11.66.100 - 11.66.130;
             (G) former AS 11.15.120, former 11.15.134, or assault with the intent to commit rape under former AS 11.15.160; or
             (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 11.40.420, if committed before January 1, 1980.

Authorities

4.11.295; 6.60.250; 8.52.035;28.05.065;28.35.030;28.90.990;47.05.390;47.14.990;47.17.033;47.17.035

Notes

References

12 AAC 16.990
12 AAC 44.990
12 AAC 77.990
12 AAC 79.990
13 AAC 68.905
13 AAC 85.900
15 AAC 160.934
3 AAC 306.055
7 AAC 10.905
7 AAC 10.990
AS 4.11.295 .295">Sec. 04.11.295. Criminal justice information and records.
AS 6.60.250 .250">Sec. 06.60.250. Investigation and examination authority.
AS 8.52.035 .035">Sec. 08.52.035. Criminal justice information and records.
AS 28.05.065 Access to criminal justice information.
AS 28.35.030 Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance.
AS 28.90.990 Definitions for title.
AS 47.05.390 Definitions.
AS 47.14.990 Definitions.
AS 47.17.033 Investigations and interviews.
AS 47.17.035 Duties of department in domestic violence cases.

History

(Sec. 2 ch 118 SLA 1994; am Sec. 2 ch 59 SLA 1996; am Sec. 22, 23 ch 64 SLA 1996; am Sec. 10 ch 32 SLA 1997; am Sec. 6 ch 106 SLA 1998; am Sec. 2, 4 ch 53 SLA 2001)