257-015-0000
Purpose of Rules

Rules adopted herein prescribe the policies and procedures for operation and use of the Oregon Law Enforcement Data System (LEDS).

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 12-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-1995, f. & cert. ef. 8-15-95

257-015-0010
Authority

(1) The Law Enforcement Data System (LEDS) was established by act of the 1969 Oregon Legislature (ORS 181.710) which authorized the state Executive Department to develop and operate a police information network. In 1973, the term “Police Information Network” was amended to read “Law Enforcement Data System.” Senate Bill 1044 in the 1993 legislative session transferred LEDS to the Department of Oregon State Police (ORS 181A.280).

(2) The Law Enforcement Data System is a program organized within the Intergovernmental Services Bureau of the Department of Oregon State Police. It provides a criminal justice telecommunications and information system for the State of Oregon, and is the control point for access to similar programs operated by other states and the Federal Government.

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 13-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-1995, f. & cert. ef. 8-15-95

257-015-0020
Law Enforcement Data System (LEDS) Advisory Committee

(1) The LEDS Advisory Committee advises the Superintendent of State Police on general policy concerning the philosophy, concept, and operational principles of the LEDS program. In its deliberations the Committee places particular emphasis on the following areas:

(a) Continued responsiveness of the LEDS program to the state’s criminal justice information needs;

(b) System security; and

(c) Rules, regulations and procedures to maintain the integrity of LEDS information.

(2) The LEDS Advisory Committee is composed of members appointed by the Governor representing the following areas:

(a) The Judicial Department;

(b) The Oregon Juvenile Department Directors’ Association;

(c) The Oregon Peace Officers’ Association;

(d) The Associated Public Safety Communications Officers, Inc.;

(e) The Oregon Association of Chiefs of Police;

(f) The Oregon State Sheriffs’ Association;

(g) The Oregon District Attorneys’ Association;

(h) Attorney General;

(i) The Oregon State Police;

(j) The Department of Transportation, Driver and Motor Vehicle Services Branch (DMV);

(k) The Department of Corrections;

(l) The Oregon Youth Authority; and

(m) Such other members as the Governor considers appropriate for purposes of the committee.

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 14-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95

257-015-0030
Definitions

(1) “LEDS” means the Department of State Police, Law Enforcement Data System.

(2) “NCIC” means the Federal Bureau of Investigation, National Crime Information Center.

(3) “NLETS” means the National Law Enforcement Telecommunications System, Incorporated.

(4) “Associated Systems” means any automated or manual information system which is accessible via LEDS.

(5) “Criminal Justice Agency” means the following as defined by the National Crime Information Center:

(a) Courts;

(b) A government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice.

(6) “Criminal Justice Purpose” means: The administration of criminal justice, as defined in section (7) of this rule.

(7) The “Administration of Criminal Justice” means performance of any of the following activities: detection, apprehension, detention, pretrial release, post trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information. Criminal justice employment investigations are included, as is the licensing of or issuing of a permit for a weapon or explosive when required to be performed by a criminal justice agency, pursuant to a federal, state or local law. (This category includes firearms dealers and purchasers, carriers of concealed weapons, explosives dealers and users and lethal weapons dealers and users). State and Federal Inspector General offices are included. Defense of accused persons, whether by private counsel, public defender or other court appointed counsel is not included in the definition of the administration of criminal justice.

(8) “Investigative Files” means computerized records stored in LEDS, NCIC or other state criminal justice information systems, as follows: outstanding arrest warrants and other wanted persons; missing persons; unidentified persons; restraining orders; lost or stolen identification; Psychiatric Security Review Board Orders; persons who have threatened a Secret Service protected person; Persons under the supervision of a Court or a Corrections agency; gang members; armed career criminals; Sex offender registrants; concealed handgun license records; stolen, repossessed, impounded vehicles; stolen vehicle license plates, vehicle parts, vehicle identification plates and title certificates; vehicles used in the commission of a felony; stolen and pawned firearms; stolen securities; stolen boats and associated equipment; other stolen and pawned property; other files of a similar nature which may be established to assist in law enforcement investigations or to enhance other criminal justice purposes.

(9) “NCIC State Control Terminal Agency” means the agency in each state which is responsible for the state’s computer link with the National Crime Information Center and which is responsible for ensuring that NCIC system security and operational policies and procedures are carried out within the state.

(10) “NLETS State Control Terminal Agency” means the agency in each state which is responsible for the state’s computer link with the National Law Enforcement Telecommunications System, Inc., and which is responsible for ensuring that NLETS’ system security and operational policies and procedures are carried out within the state.

(11) “Management Control Agreement” means a written agreement between a criminal justice agency and a non-criminal justice agency which provides services (dispatching, record keeping, computer services, etc.) to the criminal justice agency. The agreement gives the criminal justice agency management control over the operations of the non-criminal justice agency as they relate to access to the Law Enforcement Data System network.

(12) “Management Control” means the authority to set and enforce:

(a) Priorities;

(b) Standards for the selection, supervision and termination of personnel; and

(c) Policy governing the operation of computers, circuits, and telecommunications terminals used to process, store, or transmit information to or receive information from the Law Enforcement Data System.

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 15-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95

257-015-0040
LEDS Responsibilities

The general responsibilities of the Law Enforcement Data System program are as follows:

(1) Develop and operate a computerized criminal justice telecommunications and information system providing message switching and record storage and retrieval capabilities.

(2) Provide a level of training adequate to enable effective use of LEDS and associated systems.

(3) Function as the NCIC Control Terminal Agency and the NLETS Control Terminal Agency for the State of Oregon.

(4) Assist and train criminal justice agencies in the development of information from LEDS and associated systems for use in criminal investigations.

(5) Develop and maintain linkages with the Driver and Motor Vehicle Services Branch (DMV), the State Marine Board, the Public Utility Commission, and other non-criminal justice agencies to make appropriate information available to Oregon criminal justice agencies to assist in the enforcement of state criminal and traffic laws and regulations.

(6) Provide staff support to the Law Enforcement Data System Advisory Committee.

(7) Develop and operate the State Uniform Crime Reporting Program to collect crime statistics information from local and state law enforcement agencies; provide information to the public, the Governor, the Legislature, contributing agencies, and others who have a responsibility for the prevention or reduction of crime.

(8) Provide monthly and annual Oregon crime statistics information to the Federal Bureau of Investigation to satisfy national uniform crime reporting program requirements.

(9) Operate a program of record validation, quality control, and audits to ensure that records entered into LEDS and NCIC files by user agencies are kept accurate and complete and that compliance with state and national standards is maintained.

(10) Provide assistance and information access to non-criminal justice user agencies for statutory licensing, employment and regulatory purposes and for other purposes authorized by law.

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 16-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95

257-015-0050
User Responsibilities

(1) “User Agreement” — Any agency using a terminal to access the Law Enforcement Data System, whether directly or through another agency, is responsible for adhering to all applicable LEDS rules and policies and must sign an agreement with LEDS to that effect.

(2) “Record Validation” — Any agency that enters information into LEDS or NCIC files is responsible for the accuracy, timeliness and completeness of that information. LEDS will send a record validation review list, regularly, to each agency. Validation is accomplished by reviewing the original entry and current supporting documents. Recent reconsultation with any appropriate complainant, victim, prosecutor, court, motor vehicle registry files, or other appropriate source or individual also is required with respect to the Wanted Person, Missing Person, and Vehicle Files. In the event the agency is unsuccessful in its attempts to contact the victim, complainant, etc., the entering authority must make a determination based on the best information and knowledge available whether or not to retain the original entry in the file. Validation procedures must be formalized and copies of these procedures must be on file for review during a LEDS or NCIC audit. When the agency has completed the validation they must return a signed certification of their validity within an appropriate time as established by LEDS.

(3) “Minimum Training” — Each agency employee who operates a terminal to access the LEDS network must complete a LEDS System Training Guide at a level consistent with the employee’s duties. Pursuant to procedures outlined in the LEDS Operating Manual, the agency LEDS Representative must issue a Training Guide to such employees within ten (10) calendar days of the person beginning to access LEDS via a terminal. The Training Guide must be completed within 60 calendar days from the date of issue. Each employee who operates a terminal to access LEDS must be re-certified by the agency every two years per schedules and procedures as prescribed by LEDS.

(4) “Hit Confirmation” — When another agency receives a positive record response (Hit) from LEDS or NCIC and requests confirmation of the status of the record (warrant, stolen vehicle, etc.), the agency responsible for entry of the record must respond within 10 minutes for urgent hit confirmation requests or within one (1) hour for routine hit confirmation requests, with an answer indicating the status of the record or indicating when the record status will be confirmed.

(5) “Agency LEDS Representatives” — The agency administrator of each agency with terminal access to LEDS must designate an agency LEDS Representative who shall be the primary contact for all matters relating to use of LEDS by the agency. The agency LEDS Representative must complete the LEDS System Training Guide before a training guide will be issued to other agency employees. The agency LEDS Representative must complete a LEDS System Training Guide at the highest level required by any person in the agency before a training guide will be issued to other agency personnel. Every LEDS Representative must satisfactorily complete no less than the Inquiry Level Training Guide.

(6) “Background Checks of Terminal Operators Required” — Policies for access to the FBI-NCIC system require background screening of all terminal operators with access to the NCIC system. For efficiency and consistency, the key elements of the NCIC background screening policies are also adopted for all LEDS access, as follows:

(a) Appropriate Background investigations, including a check of LEDS and NCIC fugitive warrant files, the Oregon computerized criminal history (CCH) system, and the FBI Interstate Identification Index (III), must be conducted on all terminal operators with LEDS access. To assure positive identification, submission of a completed applicant fingerprint card to the FBI Identification Division through the Oregon State Police Identification Services Section is also required;

(b) If the applicant is found to be a fugitive or to be the subject of a current prosecution, access will be denied. If the applicant has been convicted of a crime which could have resulted in a sentence to a Federal or State penitentiary, access will be denied;

(c) Exceptions to denials based upon prior criminal convictions may be made in extraordinary circumstances upon application by the user agency to the Superintendent of State Police setting forth the circumstances. The Superintendent or his/her designee will maintain a central file where such exception authorizations shall be filed.

[Publications: Publications referenced are available from the agency.]

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 17-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-1995, f. & cert. ef. 8-15-95

257-015-0060
Information Access and Dissemination

Information is made available to LEDS users from various sources and agencies, including LEDS and other state information system files, motor vehicle departments, NCIC, Oregon State Police Identification Services Section, etc. Each user must observe any restrictions placed on the use or dissemination of information by its source. It is LEDS’ responsibility to advise user agencies of any restrictions which apply to any information accessed via the Law Enforcement Data System.

(1) Investigative Files: Information from investigative files maintained by LEDS, NCIC, or other agencies is for criminal justice use only and is not to be disseminated to any person for other than an official criminal justice purpose. Inquiries from the public regarding the status of an investigative file should be referred to the agency holding the case.

(2) Oregon Computerized Criminal History Records (CCH):

(a) Oregon criminal history records are available via LEDS, from the Oregon State Police Computerized Criminal History Files, to agencies which are authorized by the Oregon State Police.

(b) All agencies accessing the Oregon CCH files must have a signed agreement with the Oregon State Police and must adhere to Oregon Administrative Rules (OAR) 257-010-0025 through 257-010-0050 adopted by the Department of State Police.

(3) Federal Bureau of Investigation — Interstate Identification Index (FBI-III): The Federal Bureau of Investigation maintains the Interstate Criminal Identification Index which is available through LEDS. Access to this information is restricted to criminal justice agencies, as defined in OAR 257-015-0030(5), in the discharge of their official responsibilities, or to non-criminal justice agencies which provide services to criminal justice agencies, and which have signed a management control agreement with a criminal justice agency.

(4) Oregon Motor Vehicle and Driver Records:

(a) Oregon motor vehicle registration and driving records are the responsibility of the Oregon Department of Transportation, Driver and Motor Vehicle Services Branch (DMV). Government agencies in Oregon have access to these records via LEDS for authorized criminal justice purposes and for licensing, employment and regulatory purposes specifically authorized by State Law and approved in writing by DMV. Communication, dissemination, or use of this information for other than authorized purposes is prohibited.

(b) Authorized purposes do not include inquiries for the collection of taxes and parking violation fees or fines;

(c) Authorized purposes are specifically defined as follows:

(A) Enforcement of state traffic and criminal laws, and regulations;

(B) Identification of vehicles which have been towed or impounded by police;

(C) Screening of prospective or present agency employees who will have access to LEDS equipment or information;

(D) Identification of vehicles or individuals associated with criminal investigations;

(E) Review of driving and registration records for prosecution and sentencing functions;

(F) Processing of school bus driver applications by the State Department of Education;

(G) Access to vehicle registration information by fire and rescue agencies in emergency situations where waiting for the availability of a law enforcement officer would compound the emergency;

(H) The identification of vehicles or individuals associated with the Weighmaster enforcement function;

(I) Inquiries for licensing, employment and regulatory purposes authorized by State law and approved in writing by DMV.

(d) Inquiries for any purpose other than those specified in paragraphs (4)(c)(A)–(4)(c)(I) of this section must be directed to the department of Transportation, Driver and Motor Vehicle Services Branch (DMV) by telephone or by mail, together with the proper fee or account number. Violations of these policies may result in the suspension or termination of motor vehicle records access.

(5) National Law Enforcement Telecommunications System (NLETS) Access: NLETS provides a link to criminal justice information systems in other states for the purpose of point-to-point communications between criminal justice agencies and for access to information systems. Access to criminal history records in other states, via NLETS, is restricted to criminal justice agencies, as defined in OAR 257-015-0030(5). Access to motor vehicle records in other states and the use of the agency-to-agency communication facilities may be limited by NLETS policies or policies in other states.

(6) Corrections Offender Records:

(a) The Corrections Offender File contains records of persons under the active supervision (probation, parole, other non-custodial supervision) of a state or local or federal corrections agency. Entries and changes to this file are the responsibility of the supervising state or local or federal corrections agency.

(b) Access to Corrections offender records via LEDS is restricted to criminal justice agencies for criminal justice purposes.

(7) Administrative Messages: An administrative message (AM) is a free text message, from one agency to one or more agencies.

(a) All administrative messages transmitted via LEDS must be by the authority of an authorized user.

(b) Use of administrative messages via LEDS is restricted to criminal justice purposes, with the following exceptions:

(A) Emergency public safety messages such as storm warnings, disaster warnings, road conditions, etc., may be transmitted by agencies with responsibilities in these areas.

(B) Emergency inter-departmental and intra-departmental non-criminal justice business messages may be transmitted at any time. Non criminal justice non-emergency business messages may be transmitted between 12:00 and 1:00 p.m. Monday through Friday, between 5:00 p.m. and 8:00 a.m. Monday through Friday, or any time on weekends and holidays.

(C) Messages from agencies recruiting for personnel are not to be sent as all points bulletins or area broadcast messages. They may be sent to LEDS. LEDS will then compile and transmit a consolidated bulletin weekly, or as needed.

(D) Messages from agencies regarding equipment wanted, or for sale, are not to be sent as all points bulletins or area broadcast messages. They may be sent to LEDS. LEDS will then compile and transmit a consolidated bulletin weekly, or as needed.

(E) Announcements of meetings of recognized criminal justice professional organizations may be sent by the authorized officers of such organizations.

(F) Announcements of official inter-departmental or intra-departmental activities such as training classes, shooting tournaments and other organized professional competition or sports events, public service projects, etc., may be sent by the agency responsible for scheduling the activity. The addressees of such announcements should be limited to those participating in, or interested in, the activity.

(G) Use of LEDS for promotion of a particular political point of view (lobbying) regarding proposed legislation, elections, or other issues is prohibited. However, this does not preclude information announcements of association meetings, hearings, or other forums where such issues will be discussed.

(H) Non-criminal justice LEDS user agencies may send and receive administrative messages when the purpose of such messages is within the context of their statutory or designated authority and approved purpose for LEDS access.

(8) Demonstration or Display of Records: Any public demonstration involving the display of records or communication received via LEDS shall be confined to information pertaining to the individual performing the demonstration or to appropriate test records.

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 5-2022, minor correction filed 12/15/2022, effective 12/15/2022
OSP 18-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95

257-015-0070
System Security and Privacy

The data stored in the LEDS, NCIC, and other criminal justice information system files is documented criminal justice information. This information must be protected to ensure its integrity and its correct, legal and efficient storage, dissemination and use. It is incumbent upon and agency operating a LEDS terminal, or a terminal on another system which has access to the LEDS network, to implement the procedures necessary to make the terminal secure from any unauthorized use. All agency personnel authorized to access the LEDS network must be instructed in the proper use and dissemination of the information.

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 19-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-1995, f. & cert. ef. 8-15-95

257-015-0080
Criteria for Terminal Access to LEDS

LEDS uses the following criteria to determine if an agency qualifies for placement of a LEDS terminal, or for access via a terminal on another system which has access to the LEDS network. Questions about whether or not an agency meets one of these criteria or whether LEDS access is appropriate will be resolved by the LEDS Advisory Committee:

(1) The agency is a criminal justice agency as defined in OAR 257-015-0030(5); or

(2) The agency is a service agency which provides computer services, dispatching support, or other direct support service to one or more criminal justice agencies, and which has signed a management control agreement with a criminal justice agency; or

(3) The agency is a non-criminal justice agency with a statutory requirement to use information or capabilities which may be available via LEDS, and use of a terminal by the agency will not adversely affect criminal justice agency users, and use of the terminal will be for a criminal justice purpose as defined in OAR 257-015-0030(6); or

(4) The agency is a non-criminal justice agency which provides information or capabilities needed by criminal justice agencies for a criminal justice purpose, and use of a terminal will improve the ability to provide such information or capabilities; or

(5) The agency is a non-criminal justice agency with statutory requirement to use information or capabilities which may be available via LEDS, and use of a terminal by the agency will not adversely affect criminal justice agency users, and use of the terminal will be for the specific non-criminal justice purpose(s) for which the agency is authorized access to the information or capabilities available via LEDS, and the agency has been approved for terminal access by the LEDS Advisory Committee.

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 20-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95

257-015-0090
Criteria for Revocation of Terminal or Informational Access to LEDS

The authorization of any agency to access the LEDS network or associated systems or to retain access is subject to revocation or cancellation by LEDS on the following grounds:

(1) Violation by the agency or a by a member of the agency of any state statute, administrative rule, or policy pertaining to the use of LEDS or associated systems.

(2) Violation of the security of the LEDS system.

(3) Accessing, retrieving or using information from or through the LEDS system for non-official or unauthorized purposes.

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 21-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-1995, f. & cert. ef. 8-15-95

257-015-0100
Criteria for Computer Access to the LEDS Network

(1) A local or state government computer center may be given direct access to the LEDS network if the agency operating the computer is a criminal justice agency. If the agency operating the computer is not a criminal justice agency, then there must be a current management control agreement in effect between the computer center management and one of the criminal justice agencies served by the computer center.

(2) The criteria for allowing terminal access to LEDS are described in OAR 257-015-0080. A local or state computer system connected to LEDS may allow such access after giving written notification to the LEDS Director, including the identification of the agency requesting access, the terminal identifier, and other information needed by LEDS to ensure proper authorization.

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
History:
OSP 22-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95