Service Solicited - 2025 - Idaho State Police - Idaho Non-Criminal Justice Agency (NCJA) Access AgreementISP-26-025
Idaho Non -Criminal Justice
Agency (NCJA) Access Agreement
Agency NAME: City of Eagle
Authorizing STATUTE or PROGRAM: Ordinance No 845 and ECC 3-4-6
This Access Agreement sets forth the conditions governing a non -criminal justice agency's
(hereafter referred to as NCJ Agency) access to Criminal Justice Information as an Authorized
Recipient either as a nongovernmental entity authorized by federal statute or executive order or
as a government agency authorized by federal statute, executive order or state statute by the
United States (US) Attorney General to receive Criminal History Record Information (CHRI) for
non -criminal justice purposes.
In an effort to decentralize criminal history records and to permit the exchange of those records
by states with varying statutes or policies, the National Crime Prevention and Privacy Compact
Act of 1998 was signed into law in 1999. The Compact facilitates electronic information sharing
among the Federal Government and the states and permits the exchange of criminal history
records for non -criminal justice purposes. The designated Criminal History Repository
Manager has the responsibility to ensure adherence to established federal and state procedures
and policies in the state.
The information provided through agency access includes, but is not limited to, information
collected by criminal justice agencies on individuals consisting of identifiable descriptions and
notations of arrests, detentions, indictments, or other formal criminal charges, and any
disposition arising therefrom, including acquittal, sentencing, correctional supervision, or
release.
The current versions of the following documents are incorporated by reference and made part of
this agreement:
1. FBI CJ1S Security Policy www.fbi.gov/about-us/ciis/cjis-security-policy-resource-center
2. Title 42, USC Chapter 140, 11 §14616, The National Crime Prevention and Privacy
Compact Act http://www.fbi.aov/about-us/ciis/ccThbrarv/the-compact-act
3. Title 28, Code of Federal Regulations, 20.33(a)http:uwww.aoo.aov/fdsys/granule/cFR-2o10-
title28-vol1/CF R-2010-titie28-voil-sec20-331content-detaiLhtml
4. Title 42 USC-Sec. 5119a Public Law 92-544
htlpl/codes.lp.firrdl aw. com/uscode./42/67/VI/5119a
5. IDAHO CODE Title 67, Chapter 30, Criminal History Records and Crime Information
http://leg islature.idaho.gov/idstat #e67/T67CH30.htm
6. Public Law 103-209, National Child Protection Act of 1993
http://www.oiido. gov/pubs/guidelines/aoDen-a. htm I
7. Public Law 105-251, Volunteers for Children Act of 1998
htte:l/thomas. ioc.gov/cai-biNguerv/z'?c105: S.2022. E N R:
Responsibilities
1. Idaho State Police, as administrator and CSA (IDAHO CODE §67-3008)
2. To fulfill its responsibilities, ISP provides the following services to the NCJ Agency:
a. Provide the conduit by which NCJ Agencies submit fingerprints for State and
Federal criminal history background checks.
b. Provide criminal history records to governmental and nongovernmental
agencies for non -criminal justice purposes allowed by Federal statute, Federal
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Executive order, or a State statute that has been approved by the US Attorney
General, that authorizes national background checks.
c. Conduct compliance audits.
3. NCJ Agency
To ensure continued access, the Agency agrees to adhere to all applicable state
laws and CJIS Security Policy requirements in the referenced documents,
including, but not limited to the following:
a. All agencies shall create and maintain written policies and procedures specific
to the use, handling and dissemination of non -criminal justice applicant CHRI.
Agency personnel shall receive training on agency procedures for CHRI,
including possible penalties for intentional misuse or unauthorized
dissemination.
b. The NCJ Agency will maintain a system of records which establish appropriate
administrative, technical, and physical safeguards to ensure the security and
confidentiality of criminal history records received from the ISP and FBI for
non -criminal justice purposes.
c. The NCJ Agency will comply with all audit requirements for access to state
and federal criminal history record information.
II. Security
Each Agency is responsible for maintaining appropriate security measures to the
physical security of criminal history records; personnel security that may include
background screening; technical security to protect against unauthorized use; and data
security to include use, handling and dissemination of non -criminal justice applicant
CHRI.
Security standards, covering personnel, physical and technical security, as well as user
authorization and dissemination are documented in the CJIS Security Policy.
III. Policy Violations
Exchange of records and information is subject to CANCELLATION if dissemination is
made outside receiving departments or related agencies or as otherwise allowed by
law. Furthermore, depending upon the nature of the offense and the identity of the
offender, federal or state crimes may be charged for the willful, unauthorized disclosure
of CHRI.
IV. Respective Liability
1. Indemnification. The parties shall be responsible only for the acts, omissions or
negligence of its own officers, employees or agents as provided by the Idaho Tort
Claims Act, IDAHO CODE §§ 6-901 through 6-929. Each party will defend against any
claims that arise solely from wrongful acts, omissions or negligence of their own
employees or officials, agents and volunteers in the course of the performance of this
Agreement, but do not assume responsibility for the acts, omissions or negligence of the
other parties, their employees or officials, agents and volunteers. Each party shall
promptly notify the other of any claim arising under this Agreement and shall cooperate
fully with the defending party or its representatives in the defense of such claim.
2. Idaho Tort Claims Act. The parties agree that personnel of the participating
agencies acting under this Agreement, are deemed to be acting within the scope of their
duties for purposes of the Idaho Tort Claims Act, IDAHO CODE §§ 6-901 through 6-929,
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subject to final determination of the course and scope of their duties by the State of
Idaho's Risk Management program.
3. Privileges, Immunities and Benefits. All privileges and immunities from liability
and other benefits which normally apply to personnel of the participating agencies while
acting within performance of their duties shall also apply to them when carrying out the
objectives pursuant to this Agreement.
4. No Waiver. Nothing in this agreement or the parties' actions pursuant to it shall be
construed to waive any defense or immunity of any of the parties or their employees or
agents that would otherwise apply.
V. Acknowledgment and Certification
As the head of an NCJ Agency I hereby acknowledge the duties and responsibilities as
set out in this agreement. I acknowledge that these duties and responsibilities have
been developed in accordance with the FBI CJIS Security Policy and the National
Crime Prevention and Privacy Compact Council in order to ensure proper exchange of
criminal history records for non -criminal justice purposes. I further acknowledge that a
failure to comply with these duties and responsibilities may result in imposition of
sanctions against the NCJ Agency.
I hereby certify that I am familiar with all applicable documents that are part of this
agreement and to all applicable state and federal laws and regulations relevant to the
receipt and dissemination of CHRI provided to the agency in response to a licensure or
employment fingerprint background request.
This agreement is a formal expression of the purpose and intent of both parties and is
effective when signed. It may be amended by the deletion or modification of the
provisions contained therein, or by the addition of new provisions, after written
concurrence of both parties. The "Acknowledgment and Certification" is being executed
by the Agency Head in both an individual and representative capacity. The Criminal
History Repository Manager must be notified when the NCJ Agency Head vacates
his/her position. The name and telephone number of the acting or new Agency head,
when known, must be provided and a new agreement executed. This agreement does
not confer, grant, or orize rights, privileges, or obligations to any third party.
NCJ AGEN _ . EAD:
Si
Printed Name/Title* 1
Agency l
Idaho State Police:
williav� Gardiner
SignatureNilliam Gardiner (Aug 6, 2025 03:48:15 EDT)
Colonel Bill Gardiner, Director
of Idaho State Police
Date
Date
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