53F-6-407. Background checks for program manager -- Bureau responsibilities -- Fees.

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Effective 3/6/2025

(1)As used in this section:

(a)"Bureau" means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety.

(b)"Department" means the Department of Public Safety.

(c)"Division" means the Criminal Investigations and Technical Services Division created in Section 53-10-103 .

(d)"Personal identifying information" means:

(i)current name;

(ii)former names;

(iii)nicknames;

(iv)aliases;

(v)date of birth;

(vi)address;

(vii)telephone number;

(viii)driver license number or other government-issued identification number;

(ix)social security number; and

(x)fingerprints.

(e)"Rap back system" means a system that enables authorized entities to receive ongoing status notifications of any criminal history reported on individuals whose fingerprints are registered in the system.

(f)"WIN Database" means the Western Identification Network Database that consists of eight western states sharing one electronic fingerprint database.

(2)Each contracted entity shall:

(a)require an employee or officer of the contracted entity to submit to a criminal background check and ongoing monitoring;

(b)collect the following from an employee or officer of the contracted entity:

(i)personal identifying information;

(ii)a fee described in Subsection

(4); and

(iii)consent, on a form specified by the program manager, for:

(A)an initial fingerprint-based background check by the bureau;

(B)retention of personal identifying information for ongoing monitoring through registration with the systems described in Subsection

(3); and

(C)disclosure of any criminal history information to the contracted entity;

(c)submit the personal identifying information of an employee or officer of the contracted entity to the bureau for:

(i)an initial fingerprint-based background check by the bureau; and

(ii)ongoing monitoring through registration with the systems described in Subsection

(3)if the results of the initial background check do not contain disqualifying criminal history information as determined by the program manager;

(d)identify the appropriate privacy risk mitigation strategy that will be used to ensure that the contracted entity only receives notifications for individuals with whom the contracted entity maintains an authorizing relationship; and

(e)submit the information to the bureau for ongoing monitoring through registration with the systems described in Subsection

(3).

(3)The bureau shall:

(a)upon request from the program manager, register the fingerprints submitted by the contracted entity as part of a background check with the WIN Database rap back system, or any successor system;

(b)notify the program manager when a new entry is made against an individual whose fingerprints are registered with the WIN Database rap back system regarding:

(i)an alleged offense; or

(ii)a conviction, including a plea in abeyance;

(c)assist the contracted entity to identify the appropriate privacy risk mitigation strategy that is to be used to ensure that the contracted entity only receives notifications for individuals with whom the authorized entity maintains an authorizing relationship; and

(d)collaborate with the contracted entity to provide training to appropriate contracted entity employees on the notification procedures and privacy risk mitigation strategies described in this section.

(a)The division shall impose fees that the division sets in accordance with Section 63J-1-504 for the fingerprint card of an employee or officer of the program manager, for a name check, and to register fingerprints under this section.

(b)Funds generated under this Subsection

(4)shall be deposited into the General Fund as a dedicated credit by the department to cover the costs incurred in providing the information.

Amended by Chapter 25 , 2025 General Session