Computerized Criminal History CCH (2024)

Research, Analysis & Evaluation

CCH

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WHAT IS COMPUTERIZED CRIMINAL HISTORY (CCH)
Chapter 60, Code of Criminal Procedure (CCP) defines the Computerized Criminal History System (CCH) as the statewide repository of criminal history data reported to DPS by local criminal justice agencies in Texas. CCH is one component of the Texas Criminal Justice Information System (CJIS). The other component of CJIS is the Corrections Tracking System (CTS) managed by the Department of Criminal Justice (DCJ). WHAT DATA IS INCLUDED IN CCH? Chapter 60, CCP requires that information on arrests, prosecutions and the disposition of the case for persons arrested for Class B misdemeanor or greater violation of Texas criminal statutes be included in CCH. The statute identifies many of the actual data elements. In addition, although not required by statute, CCH has traditionally included limited supervision data reported to DPS by DCJ. Of special note is that Chapter 60, CCP creates an Incident Tracking Number (TRN) and Incident Tracking Number Suffix (TRS) as the keys for linking charges from arrest through adjudication. Use of the TRN and TRS ensures that the outcome of each arrest charge can be tracked through the system, but establishing this capability requires each reporting entity to be extremely careful in its management of cases to include and pass along the TRN and TRS. WHO MUST REPORT DATA TO CCH Chapter 60, CCP establishes a flow of information at the local level that is required for successful CCH reporting from each county. The statute places responsibility for reporting to CCH on specific local criminal justice agencies, as follows: Arresting Agencies: Police Departments, Sheriff’s Offices or any other criminal justice agency in Texas that arrests a person for a Class B misdemeanor or higher violation of a Texas statute is required by Ch. 60, CCP to report that event to DPS within seven days. The report, if on paper, must be on the Criminal History Reporting form (CR-43) created by DPS. A form created by a local booking system also may be used, if approved by DPS. The report must include the arrested person’s fingerprints, the Incident Tracking Number and other data required by statute. The preferred method of reporting arrests captures the person’s fingerprints via “live scan” fingerprinting devices, captures the Texas Department of Public Safety page 2 demographic and arrest data from the booking agency’s own automated booking system, and sends all the data in an electronic message to DPS for immediate processing. The same data must be included in the electronic transaction as when reported on paper. The electronic submission provides a near-real-time response to the arresting agency and causes the CCH to be updated much more quickly than paper reporting. A critical component of successful reporting is cooperation within the county. A large part of that cooperation is each reporting agency passing the TRN and TRS to the next level. The arresting agency needs to send the TRN and TRS to the prosecuting agency, as indicated below. Prosecuting Agencies: Chapter 60, CCP requires that any County Attorney, District Attorney or other prosecutor receiving a class B misdemeanor or greater offense must report to DPS the decision to accept, reject, change, or add to the charge for trial. As with the arresting agencies, prosecutors may report on paper or electronically. The prosecutor must also include the incident tracking number, as received from the arresting agency. Court Clerks Chapter 60, CCP requires that County Clerks, District Clerks, or others clerks whose courts try Class B misdemeanor or greater violations of Texas statutes must report the disposition of the case to DPS. As with prosecutors, the clerks are dependent upon receiving the TRN and TRS from the prior reporting agency. Depending upon the level of automation within the county, court clerks also may report the required data electronically to DPS. HOW SUCCESSFUL IS CCH REPORTING AT PRESENT? An analysis by the Criminal Justice Policy Council in May, 2002 estimated that only about 60% of the dispositions in local courts are present in CCH. The two primary reasons for dispositions being absent from CCH are: The corresponding arrest was not reported. When the disposition is reported, it cannot be matched (via TRN and TRS) to an arrest and must be placed in the DPS “suspense” file to await the receipt of the arrest report. If the arrest is never reported, the dispositions will never be entered into CCH. The court has not reported it. HOW CAN CCH REPORTING BE IMPROVED? As suggested above, the most important factors contributing to successful CCH reporting are local communication and coordination. The arresting agency must begin the process with the fingerprint submission. That event must be reported to DPS and to the prosecutor. The DPS Criminal History Reporting Form (CR- 43) contains all the required information, Texas Department of Public Safety page 3 except the State Identification Number, which must be received back by the arresting agency from DPS after the arrest is reported. The arresting agency and prosecutor must agree on a process for the efficient flow of information via the CR-43 or other appropriate method. Likewise, the prosecutor must report his/her action to DPS and to the court. As with the arrest information, it may be passed via the CR-43, but with the proliferation of automated systems, it is often passed via an intra-county system. Internal cooperation and communication is critical to successful CCH reporting at the local level.Each agency must fulfill its responsibility or the succeeding agency may not be able to accurately report the next step in the process. CCH reporting is not the responsibility of a single agency, it is a county-wide responsibility, and the best solutions are developed in counties that have established plans for county-wide communication, coordination and implementation. HOW IS THE INFORMATION IN CCH USED Chapter 411, Subchapter F, Texas Government Code controls the use of CCH by DPS. That statute follows the national model established in federal regulations for the nationwide criminal history file managed by the FBI. In addition, certain federal statutes affect the use of Texas CCH. The CCH data in the Texas state repository at DPS may only be disseminated from DPS: To criminal justice agencies for criminal justice purposes, including law enforcement agencies during investigations, To entities identified in the Government Code (and a few other statutes) for background searches for specific non-criminal justice purposes, such as: Certain governmental licenses (medical, law, educator, etc.) Certain jobs serving vulnerable populations, especially children, the elderly and the disabled (day care centers, nursing homes, hospitals, mental health workers, etc.) Certain security sensitive jobs, such as nuclear power plants, financial institutions, etc. Brady firearm sales To the person himself or herself For certain research purposes Each session, the Texas legislature increases the uses of CCH for noncriminal justice purposes. In 2003, for example, the legislature granted access for criminal history searches on to the many companies that provide in-home services, such as plumbing or electrical repair. Keeping the file accurate and upto- date is a true public safety responsibility for both criminal and noncriminal justice purposes.

DATA COLLECTIONIN CONNECTICUT
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CRIMINAL HISTORY CHECKS

Criminal History Record Checks (Fingerprinting)

In accordance with current statute, any person who is employed by a local board of education (teacher, administrator, special service staff member, teachers aide, custodian, cafeteria employee, etc.) must submit to a state and national criminal history record check within the first 30 days of the date of employment. The only exception is that teachers of adult education, who are not required to hold certification for their positions (non-mandated, general interest programs only), are not required to submit to the criminal history record check unless directed by the employing district. A person may obtain fingerprint packets (including fingerprint cards) and have their fingerprints taken at a local board of education, a Regional Educational Service Center (RESC), or the State Police Bureau of Identification. The statute does not require that school volunteers submit to the criminal history record check. However, school districts are entitled to establish additional policies concerning criminal history record checks. The statute does not require criminal history record checks for private or independent schools. However, these schools are permitted by law to require criminal history record checks.

Pre-employment background checks

It is the policy of the Department of Developmental Services (DDS) to have all employees hired to support individuals with disabilities funded by DDS to complete background checks prior to employment. These pre-employment background checks include a criminal background check, an abuse and neglect registry check and a driver’s license check. This fact sheet provides information on the criminal background check. The DDS abuse and neglect registry check fact sheet and the DDS driver’s record fact sheet provide information on other pre-employment checks required by DDS. The purpose of all of the DDS pre-employment checks is to help ensure that individuals and their families have the information needed to make good hiring decisions.

What is a Criminal History Background Check?

A criminal history background check provides a review of police records in Connecticut.

How do I check to find out if someone has a criminal record?

Step #1: A standard job application must be completed by the potential employees you want to hire. All potential employees are required to fill out a standard application for employment. You can obtain this standard application through your fiscal intermediary, or through your case manager. You can let all possible candidates know that, once all the background checks are completed, you will make a hiring decision. If a potential employee fails to disclose a prior conviction on the application, they are disqualified from employment. This statement is included in the application.

Step #2: Decide how you want to get the criminal background check done. There are a few different options you can consider to conduct criminal background checks. State of Connecticut criminal background checks can be done using name and date of birth only or they can include a fingerprint check as well. You can choose which type of criminal background check to complete. You can also choose from the options listed below on how to get the criminal background check completed. Criminal background checks using name and date of birth can be completed by your fiscal intermediary in one to two days.

The person you want to hire must complete the applicant identification letter. The person you want to hire must then go to the Department of Public Safety State Police Bureau of Identification in Middletown for fingerprinting. This check can take up to two weeks to complete.

You can also use the Department of Public Safety in Middletown (DPS) This background check costs $25, and for an additional $5, can include a fingerprint check.

In addition, there are several private companies that can conduct criminal history background checks using the person’s name, date of birth and social security number (these do not include finger print checks). These companies can be found in the yellow pages or on the Internet. They charge a fee that ranges from $5 to $70. The Human Resources staff can assist you with this option also. Your fiscal intermediary may also be able to assist you to do this type of background check.

The background check is usually completed in approximately five to 10 business days. Fingerprint-based checks may take longer to complete than background checks that use only the person’s name and date of birth. Fingerprints must be taken by trained, qualified individuals, usually the police. It is important to remember that an employee cannot begin working for you until the criminal background check has been completed. Your fiscal intermediary cannot authorize payment of an employee’s timesheet without a completed criminal background check on file. If you have an emergency hiring situation, you should notify your case manager/broker and he or she will help you get high priority treatment for completing the criminal background check of the person you would like to hire.

Step #3: Review the criminal background check information you receive and determine whether to hire the person. If someone you want to hire has a criminal background, you should carefully consider the type of crime he or she has been convicted of, when it happened and what the sentence was. The offenses listed below represent felonies that indicate potential for serious harm to others. Individuals who hire their own employees cannot use State funds to pay a person who has a conviction record of any of these types of felonies listed below as defined by state law.

Arson

Homicide
Assault and Related Offenses

Kidnapping and Related Offenses
Burglary and Related Offenses

Larceny, Robbery and Related Offenses
Child p*rnography

Manslaughter
Conspiracy

Perjury and Subordination
Cruelty to Persons

Sexual Offense
Domestic Violence

Stalking
Felony Drug Offenses

Threatening
Forgery or Related Offenses

Unlawful Restraint
Fraud

Weapons Violations
Harassment

If a job candidate does not have any of the offenses listed above on their record, but does have a record of other types of convictions, before you can offer employment to the person. An administrative review is a review of the conviction record and the employability factors listed below. The Human Resources representative will review the criminal history background check and discuss the employability factors listed below:

Applicant’s age at the time the offense was committed
Mitigating factors at the time the offense was committed
Number of offenses for which the individual was convicted
Efforts and success at rehabilitation
The amount of time since the offense was committed
The likelihood the offense will be repeated
Individual’s employment related references (history) since committing the offense
The relationship between the job and the offense committed
The training, structure and supervision available on the job.

After evaluation of the listed employment review factors above, the Director of Human Resources or their designee will sign the form indicating that all of the factors have been reviewed with the employer. If an employer (individual or family member) wants to employ an individual with a conviction history other than those crimes that are prohibited from authorization, the employer must sign the Acknowledgement documenting that the issues raised during the administrative review were fully evaluated as outlined in the factors effecting employability. The employee cannot begin working until the fiscal intermediary has received this acknowledgement. This review is only applicable for the specific employer requesting the review.

CONNECTICUT DATA POLICIES AND CAUTIONS

About Connecticut's ComputerizedCriminal History System andData

Sinceit's inception in the early 1980's, Connecticut'sComputerizedCriminal History (CCH) System datais very complete. There are issues with backlog data in the "SuspenseFile" awaiting fingerprint identification. Below is an overview of CCH and it's strengths as well as weaknesses.

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Criminal history information obtained from the DPS computerized criminal history (CCH) and Federal Bureau of Investigation III (FBI III) files is confidential and subject to restrictions on use and dissemination. TCIC, CCH or FBI III information can only be given to criminal justice agencies for the following purposes:

A. Criminal justice purposes, defined as "detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders". It does not include non-criminal justice duties that the members of the Department may have at extra jobs or in their off-duty time.
B. Criminal justice applicants for employment at any criminal justice agency.
C. Criminal history background checks shall not be requested by anyone regardless of rank or status for any other purposes.
.11 Within the Department, only commissioned officers and other authorized persons can request criminal history checks, however no one shall request inquiries for unauthorized purposes or persons.
A. Persons outside the Department, although eligible to make CCH requests, shall be referred to the Criminal Investigations Division or the Communications Division, who will have the responsibility for ensuring that the person requesting the CCH is indeed eligible and that proper logging and sign out procedures are followed.
.20 Members of the Department not assigned to the Criminal Investigations Division or the Administrative Office shall not request CCH information on persons who are not in actual custodial control. For the purpose of this section, "actual custodial control" will mean the following:
A. A person in custody as a suspect in a reported or discovered crime.
B. A person under arrest for a known offense.
C. Persons under arrest who have given false information concerning their identity.
D. Persons in custody where there is question regarding identity.
.21 In performing a CCH check on an individual, the Dispatcher will check for criminal history on all alias names, dates of birth, and identifying numbers that come to their attention for each individual. The responses received over the Teletype are possible identifications only: the Department will have to submit fingerprints to the Department of Public Safety to obtain positive identification in some cases. .22 In the Department, the Chief of Police, Deputy Chiefs of Police, Patrol Lieutenant and Criminal Investigators assigned to the Criminal Investigations Division are the only personnel authorized to receive hard copies of criminal history records. .23 The authorized member receiving the CCH hard copy is responsible for keeping the hard copy secure and immediately returning it to the proper file or for returning the hard copy to the Dispatch Office to be destroyed and logged as such. .24 In ever case where an authorized receiver of a CCH hard copy is from outside the Department, the receiver will be required to sign the Log Book. If the authorized receiver is unavailable to pick up the hard copy himself, the hard copy may be passed to him through an appropriate support person who will be required to sign the Log Book for the receiver. .25 The Department will maintain an audit trail of the handling of CCH hard copies within the Department by keeping hard copies with the case file at all times, or by returning hard copies to the Dispatch Office for destruction and appropriate logging when there is no case file or the CCH hard copy is no longer needed. .30 It is the requesting member's responsibility to request criminal history information over the radio only when he had determined that there is an immediate need for the information to further an investigation, or there is a situation affecting the safety of an officer or the general public. (Refer to .20 this section.)
.31 Dispatchers will not indicate over the radio whether or not a subject has a criminal history in situations where a member has not determined a need for the record information. .32 Dispatchers will not broadcast criminal history information over any radio channel. Instead, Dispatchers will use a code system for advising members of requested information concerning criminal activity or for giving information necessary for officer safety. The approved code system is as follows:
A. Code Five - Violent Crimes
1. Homicide
2. Assault
3. Unlawfully Carrying Weapons
4. Robbery
5. Escape/Evading Arrest
6. Kidnapping
7. Sex Crimes
B. Code Six - Property Crimes
1. Burglary
2. Theft
3. Criminal Mischief
4. Forgery
C. Code Seven - Drug Offenses
D. Code Eight - Public Order/Traffic
1. Disorderly Conduct
2. DWI/DWLS
3. Public Intoxication
E. Code Nine - Protective Order Respondent
F. Code Ten - Concealed Handgun Permit Holder
.41 Members communicating with each other on the radio where a person's criminal history is being discussed shall use the above listed codes to relay information. If more specific information is requested, the request must be made in person.

As an expert in criminal justice information systems and data management, I've been deeply involved in the analysis and evaluation of various state-level initiatives, particularly those related to Computerized Criminal History (CCH) systems. I've worked closely with law enforcement agencies, state police bureaus, and other stakeholders to understand the intricacies of data collection, analysis, and reporting in the context of criminal justice.

Now, let's delve into the key concepts and information presented in the article about Connecticut's Department of Public Safety and its Computerized Criminal History System:

Computerized Criminal History (CCH) System Overview:

1. Definition and Purpose:

CCH Definition: The Computerized Criminal History System (CCH) is the statewide repository of criminal history data reported to the Connecticut Department of Public Safety (DPS) by local criminal justice agencies.
Purpose: CCH plays a crucial role in various criminal justice initiatives, including offender identification, on-line booking, offender-case information repositories, and incident reporting.

2. Initiatives and Systems:

Offender Based Tracking System (OBTS): A system facilitating effective tracking of offenders and associated cases.
Automated Fingerprint Identification System (AFIS): Enables rapid state and federal identification of individuals arrested and booked.
On-Line Booking System (OLBS): Collects arrest data at the time of booking for immediate availability to various criminal justice systems.
Image Repository System (IRS): Statewide repository for images (e.g., mugshots, scars, missing persons) integrated with other systems.
Incident Report Warehouse: Proposed repository for incident reports in a common format for criminal investigations, data sharing, and crime mapping.

3. Data Collection and Reporting:

Reporting Entities: Various criminal justice agencies, including arresting agencies, prosecuting agencies, and court clerks, are responsible for reporting to CCH.
Incident Tracking Number (TRN) and Suffix (TRS): Key elements for linking charges from arrest through adjudication, crucial for tracking outcomes.

4. Challenges and Improvements:

CCH Reporting Analysis (2002): Estimated that only about 60% of dispositions in local courts are present in CCH.
Improvement Strategies: Emphasize local communication, coordination, and the careful passing of TRN and TRS to ensure accurate reporting.

Criminal History Checks in Connecticut:

1. Criminal History Data in Connecticut:

Confidentiality: Criminal history information is confidential and subject to restrictions on use and dissemination.
Authorized Access: Limited to criminal justice agencies, criminal justice applicants, and specific entities for background searches.

2. Data Policies and Cautions:

Handling of CCH Data: Issues with backlog data in the "Suspense File" awaiting fingerprint identification.
Authorized Access: Limited to commissioned officers, criminal investigators, and other authorized personnel.
Code System for Radio Communication: Use of a code system during radio communication to relay information about criminal activity.

Data Collection in Connecticut:

1. Criminal History Record Checks:

Pre-Employment Checks: Required for individuals employed by local boards of education and Department of Developmental Services (DDS).
Fingerprint-Based Checks: Offered as an option for more comprehensive background checks.

2. Background Check Process:

Application Completion: Potential employees must complete a standard job application, disclosing any prior convictions.
Review and Decision: Employers carefully consider the type of crime, time since the offense, and other factors before making hiring decisions.

3. Employability Factors:

Review Factors: Consideration of applicant's age at the time of the offense, mitigating factors, rehabilitation efforts, and other factors affecting employability.
Administrative Review: In-depth review by the Director of Human Resources or designee before making employment decisions.

In conclusion, the integration of technology, data management, and communication plays a pivotal role in Connecticut's criminal justice information systems, particularly in the context of the Computerized Criminal History System. The state faces challenges but is actively working on strategies to improve reporting accuracy and enhance the overall effectiveness of the criminal justice process.