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23.12.301    DEFINITIONS

(1) "Central criminal intelligence file" means a computer system used for collecting, reviewing, storing, referencing, indexing, and disseminating criminal intelligence information, consisting of four current databases:

(a) "DCI/intel database" means a database containing information submitted by the Montana division of criminal investigation.

(b) "Dangerous drugs database" means a database containing information submitted by regional drug task forces and high intensity drug trafficking area task forces.

(c) "General database" means a database containing information submitted by persons authorized to investigate crimes in Montana.

(d) "Montana highway patrol database" means a database containing information submitted by the Montana highway patrol executive protection unit.

(2) "Confidential" means a designation of a criminal intelligence file assigned when a file contains:

(a) information pertaining to an actual, ongoing investigation being conducted by a law enforcement agency;

(b) information identifying a person who has acted as an informant for a law enforcement agency; or

(c) information which is "confidential criminal justice information" as specified in Title 44, chapter 5, MCA, and identified as such by the person submitting such information to the criminal intelligence information section.

(3) "Criminal intelligence security agreement" means a legal contract between a participating agency and the criminal intelligence information section, wherein the criminal intelligence information section agrees to provide information to a participating agency in consideration for the participating agency's agreement to maintain the security of information provided.

(4) "Interim file" means a designation given to a criminal intelligence file that does not meet the criteria for designation as a permanent file.

(5) "Need-to-know" means establishment of the fact that a person authorized to request information from a criminal intelligence file actually requires the information for a purpose directly concerning investigation of a crime enumerated in the Montana Code Annotated.

(6) "Participating agency" means an agency enumerated in 44-5-506 , MCA, and specifically approved as a participating agency, upon successful application to the criminal intelligence advisory council.

(7) "Permanent file" means a designation given to a criminal intelligence file wherein a person or entity may be identified by name or other unique identifying characteristic (e.g., date of birth, social security number, driver's license number, address, numerical identifier assigned to corporation) at the time of file entry.

(8) "Restricted" means a designation of a criminal intelligence file assigned when a file contains information that has not been identified as confidential criminal justice information but concerns or describes strategies or techniques intended or actually employed by law enforcement in an ongoing investigation.

(9) "Right-to-know" means establishment of the fact that a person requesting information from any criminal intelligence file is authorized as a law enforcement officer to do so, and is making the request in an official capacity.

(10) "Section supervisor" means the supervisor of the criminal intelligence information section designated by the attorney general pursuant to 44-5-505 , MCA.

(11) "Security control form" means a form wherein a person within a participating agency authorized to request or receive information from the criminal intelligence information section discloses personal identification information.

(12) "Statement of understanding" means a legal contract between a participating agency and the criminal intelligence information section wherein the participating agency shall agree to maintain certain standards regarding security of information and the constitutional rights of citizens in consideration for the provision of information by the criminal intelligence information section.

(13) "Temporary file" means a designation given to a criminal intelligence file that consists only of an inquiry for information made of the criminal intelligence information section by an authorized participating agency.

(14) "Unclassified" means a designation of a criminal intelligence file exclusively containing information, which is public criminal justice information as specified in 44-5-104 (13) , MCA.

History: Sec. 44-5-105, 44-5-504, MCA; IMP, Sec. 44-5-503, 44-5-504, MCA; NEW, 2005 MAR p. 740, Eff. 5/13/05.

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