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«BUREAU OF CRIMINAL INFORMATION AND ANALYSIS Mail Completed application to: Department of Justice Applicant Information and Certification Program P.O. ...»

-- [ Page 1 ] --

CALIFORNIA DEPARTMENT OF JUSTICE

Application for Authorization Pursuant to

State Statute

(Public/Private Schools, Government Agencies, Federal

Agencies, Financial Institutions, Public Utilities, &

All Other Applicant Agencies)

BUREAU OF CRIMINAL

INFORMATION AND ANALYSIS

Mail Completed application

to:

Department of Justice Applicant Information and Certification Program P.O. Box 903387 Sacramento, CA 94203-3870

TABLE OF CONTENTS

Authorization for Criminal History Information

Authorization for Custodian of Records Information (NEW - IMPORTANT)

Applicant Live Scan Overview

Request for Contributing Agency ORI and/or Response Mail Code (BCII 9001) (REQUIRED).......... PAGE 4 Guidelines for Completing Request for Contributing Agency ORI and/or Response Mail Code (BCII 9001)

Notification of ORI, Mail Code and/or Billing Number Assignment (REQUIRED)

Applicant Live Scan Billing Procedures

Billing Account Application (CJIS 9000) (REQUIRED - Only if your agency will be billed for services)

Applicant Fingerprint Response Subscriber Agreement (REQUIRED - Please return Page 13 and 14 with this application)

Criminal Offender Record Information (CORI) Policy (REQUIRED - Head of Contributing Agency/Organization)

CORI Policy (REQUIRED - Custodian of Records)

Custodian of Records Application Form (BCIA 8374) (REQUIRED)

Custodian of Records Request for Live Scan Service (BCII 8016) form (Utilized ONLY AFTER receiving DOJ authorization confirmation)

CORI Policy (Employee Statement)

Contract for Subsequent Arrest Notification Service (BCII 8049) (REQUIRED - Only if State Statute authorizes Subsequent Arrest Notification)

No Longer Interested Notification

Authorization for Criminal History Information Various state statutes authorize public/private schools, state government agencies, federal agencies and other applicant agencies to request criminal record information from the Department of Justice (DOJ) for a person who applies for a license, employment, or volunteer position.

Information released by the DOJ is restricted to arrests resulting in conviction or arrests which are pending adjudication for the crimes as specified in Penal Code section 11105 and other state statutes.

In order for us to determine whether your organization meets the requirements to obtain state criminal history information pursuant to state statute, please complete and return the attached application package. Incomplete forms will be returned unprocessed.

–  –  –

IMPORTANT - PLEASE READ CAREFULLY

Pursuant to Penal Code section 11102.2(b); the DOJ established a confirmation program to process fingerprint-based background responses on individuals designated by applicant agencies to serve as Custodian of Records. Effective January 1, 2011, no person shall serve as an agency Custodian of Records unless they have been confirmed by the DOJ. Criminal justice agency personnel who have undergone a state and federal criminal record background check for their agency (currently employed) are exempt from these requirements.

As such, before any applicant agency can become fully authorized by the DOJ, the DOJ must first confirm/approve the agency's designated Custodian of Records.

A Custodian of Records means the individual designated by an agency as responsible for the hiring decisions, and for the security, storage, dissemination, and destruction of the criminal records furnished to the agency, and who serves as the primary contact for the DOJ for any related issues. Each agency must designate at least one Custodian of Records

Applicants applying for Custodian of Records confirmation must meet the following criteria:

1. Be at least 18 year old;

2. Complete and submit the Custodian of Records Application Form (BCIA 8374) The confirmation process will consist of a completed Custodian of Records Application for Confirmation form (BCIA 8374), which is included in this packet and must be returned along with all required documents.

Additionally, the Custodian of Records must submit fingerprint images to the DOJ via live scan and pay the $49 state/federal background check fees along with a $30.00 confirmation fee (A total of $79 in fees will be collected at the live scan site).

Included in this packet is a pre-filled Custodian of Records Request for Live Scan Service (BCII 8016) form ready to be utilized to fulfill this requirement once your agency is authorized. PLEASE NOTE: You must enter all of your Agency's information in the "Employer (Additional response for agencies specified by statute)" field, with the exception of the Mail Code on the BCII 8016 form in order for the DOJ to process your submission.

Confirmation will be denied or revoked on those applicants convicted of a felony offense, or any other offense that involves moral turpitude, dishonesty, fraud or that impacts the applicant’s ability to perform the duties or responsibilities of a Custodian of Records. The DOJ will retain the fingerprints for subsequent arrest notification pursuant to Penal Code section 11105.2. Custodian of Records confirmation, denial, or revocation letters will be mailed by the DOJ to the designated applicant agency, as identified on the application by the Custodian of Records applicant.





PLEASE NOTE: DO NOT SUBMIT CUSTODIAN OF RECORDS FINGERPRINT IMAGES UNTIL YOU

HAVE RECEIVED CONFIRMATION FROM THE DOJ THAT YOUR AGENCY IS AUTHORIZED.

After submitting this application, the DOJ's Applicant Information and Certification Program at authorizationquestions@doj.ca.gov will determine if your agency is authorized and ready for the next step.

Beginning the confirmation process by submitting your Custodian of Records fingerprint images before your agency is officially authorized to request criminal record information will result in fees being assessed, which will not be refunded if your agency is determined as not having requesting authority.

2 Applicant Live Scan Overview

Applicant Live Scan is a system for the electronic submission of applicant fingerprints and the subsequent automated background check and response. Live scan technology replaces the process of recording an individual's fingerprint patterns manually through a rolling process using ink and a standard 8" x 8" fingerprint card. Fingerprints can be digitalized through an electronic process (Live Scan), enabling the electronic transfer of the fingerprint image data, in combination with personal descriptor information, to central computers at the Department of Justice (DOJ). This transfer of information takes place in a matter of seconds, instead of the days required to send hard copy fingerprint cards through the U.S. mail. The applicant visits an Applicant Live Scan satellite location where the fingerprint images and related data are electronically transmitted to the DOJ. The recent, rapid expansion of the number of applicant live scan devices has resulted in an ever increasing volume of applicants availing themselves of live scan technology.

With Live Scan, the applicant is provided with a "Request for Live Scan Service" form (BCII 8016). The applicant is also provided with a list of nearby live scan locations and must go to one of the specified locations to submit fingerprints. At these locations, a trained, certified operator enters the information from the BCII 8016 form into the live scan terminal and initiates the live scan fingerprinting process. After successful electronic capture of the fingerprint images and the accompanying data, the information is electronically transmitted to the DOJ.

Once the fingerprints and data are received by the DOJ, they are electronically processed by the DOJ Global Transaction Controller (GTC). Most live scan submissions that have no data or quality errors and do not result in possible criminal history matches are processed automatically and are responded to electronically. Live scan transmissions requiring analysis of a criminal record are electronically sent to the Applicant Response Unit for analysis and dissemination. Live scan submissions are responded to by electronic mail, and/or U.S. mail when the electronic mail response is not available.

The DOJ will also coordinate other electronic processes resulting from the automated submissions of fingerprints, including forwarding the fingerprints to the FBI (if required) and coordinating the collection of associated fees.

We sincerely hope that this information will be useful and will answer your questions about the electronic processing of fingerprints in California.

–  –  –

In order to submit applicant fingerprints via Live Scan, you must have an Originating Agency Identifier (ORI) code to identify your agency. In order to receive responses electronically, you must request a Response Mail Code. Note that electronic responses will be sent to a secure electronic mailbox, from which you will retrieve your messages. In order to receive a Mail Code, you must have a completed form BCII 9005, Subscriber Agreement, on file with the Department of Justice or returned with this request.

Request for ORI Request for Electronic Response Mail Code

Contributing Agency Name:

Mailing Address:

City, State, Zip Code:

Your projection for monthly applicant submissions:

–  –  –

Please check the box(es) for the type(s) of applicants for whom you will be submitting:

Employment Title or Position (i.e., Classified Employee)

–  –  –

ORI's and mail code number(s) will be assigned by the Department of Justice and the information returned to you on form BCII 9003, Notification of ORI, Mail Code, and/or Billing Number.

–  –  –

CONTRIBUTING Agency - please provide a complete address in the space below. This form will be returned to you with your ORI, Mail Code, and/or Billing Number information.

Contributing Agency Name:

Mailing Address:

City, State, Zip Code:

Listed below are the ORI, Mail Code, and/or Billing Number assigned to your agency for applicant responses.

–  –  –

The following are the ONLY applicant types with CJIS codes your agency is authorized to submit to the DOJ for background check purposes. The CJIS Code is for internal use only and is not utilized on the BCII 8016 form.

–  –  –

Should your address or agency information change in the future, you must notify the DOJ immediately.

Please visit the DOJ's website to obtain form BCIA 8386, Applicant Submitting Agency Request to Change.

–  –  –

*** Applicant Agencies are not required to complete the Billing Account Application (CJIS 9000) if its applicants will be paying the DOJ fees at the Live Scan Site *** The Department of Justice (DOJ) has developed the following procedures for the billing and collection of fingerprint fees. The first requirement in the applicant Live Scan Billing process is to provide the DOJ with

billing authorization to allow fee collection for services provided. Agencies must provide the following:

* All applicant agencies who wish to be billed for submitting fingerprints via Live Scan must complete form CJIS 9000, Billing Account Application.

* Non-state Live Scan agencies (e.g., public schools) must complete a Memorandum of Understanding.

* State agencies (e.g., Social Services) with Live Scan devices must complete a new Interagency Agreement even if they currently have one.

The approved agencies will be assigned a DOJ billing number to be used for background check fees. The DOJ billing number cannot be used for the rolling fees. The following actions must occur in order for the DOJ to generate a monthly invoice for services and to ensure that the correct agency is billed for services received.

* The Live Scan operator must input a customer billing number on every applicant Live Scan transmission sent to the DOJ. The customer billing number keyed should be either the number

for the live scan agency or the licensing applicant agency, to be determined as follows:

–  –  –

* The DOJ Accounting Office will generate invoices based on the Live Scan transmission information thirty days in arrears. Based on the monthly billing cycle, each agency will be billed for transmissions occurring between the first day and the last day of the prior month. The agency will generally receive invoices within the first fifteen working days of the month.

7 APPLICANT LIVE SCAN BILLING PROCEDURES (continued)

* The Operations Support Program, Billing Unit (BU) will bill for fingerprint transmissions on a monthly basis. To begin receiving monthly fingerprint billings along with a billing detail, your agency must have both an Agency ORI number and a customer billing number. If you do not have an ORI number, complete this packet and mail the packet including CJIS 9000 - Billing Account Application to DOJ. If you already have an ORI number, call (916) 227-3870 (Option #4) and in approximately 1-2 weeks you will receive the assigned customer billing number. The monthly billing detail report will consist of the applicant's name, fingerprint date, and total fingerprint fees billed.

* Payment to DOJ is due upon receipt of the invoice. If there are discrepancies, please complete Form BCII 9006 - Credit Request - Applicant Live Scan Fingerprint Billing and fax to BU at (916) 227-1149, listing the applicant(s) in dispute. The Credit Request form is available on the internet at http://ag.ca.gov/fingerprints/forms/BCII%209006.pdf. Please pay promptly for those charges with which you agree, and short pay the invoice by the amount of charges in dispute.



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