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Process to requestCriminal History Checksthrough IN State PoliceLearning session for Indiana’s public librariesIndiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.

Key provisions of SEA410/PL 881. Clarifies the threshold calculation on the cash balance of total taxsupported funds as a percentage of budget based on certified numbersin Gateway.2. requires criminal history check policies by 12/31/2020 andadds libraries to the list of entities allowed to use a nationalfingerprint-based background.3. Adds a child receiving foster care services to the list of nonresidentindividuals for whom a library may provide a library card.Other provisions requested by ISL and DLGF4. Changes term library to library territory.5. Requires the library to report its adopting fiscal body by October of2020 and again if the library district or fiscal body changes.See 0See ILF’s page: https://www.ilfonline.org/page/sea410Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.2

WHAT DOES THE PUBLIC LAW 88 REQUIRE?A public library shall adopt a policy, not later thanDecember 31, 2020, regarding conducting criminalhistory checks for individuals who are more thaneighteen (18) years of age and who:(1)Apply to the public library for employment orvolunteer work; or(2)Are employed by the public library or performvolunteer work for the public library.See 0#document-86f0c419Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.3

Criminal History Policy required by 12/31/2020Most public libraries in Indiana require criminal history checks on new employees and volunteers whohave unsupervised contact with children and endangered adults, and who have responsibility forfinancial transactions.What your policy might include: For whom – all applicants, employees, volunteers; all who have responsibility with children orfinances, etc. When – before hire; within 30 days of hire; every 5 years How handle existing staff – grandfather in; phase in over five years for 1/5 of employees annually Who pays – library pays; applicant/volunteer pays Who has access to information – Designate a position (not a person)Best practices include: signature of release by applicant; second-chance practices in hiring; discretionused on types of offenses and length of time since; appropriate notice and acknowledgment of types ofcheck run; fair credit reporting requirements as applicable; opportunity to review/challenge a record;confidentiality of findings.Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.4

Library Choice in ProvidersMost public libraries that require criminal history checks already are using third party providersand have indicated their intent to continue using their current provider. Many third-partyproviders also search other databases for “background checks,” reviewing credit reports, priorresidences, driving records, sex offender search, reference checks, prior employment,educational verification, drug screening, social media/internet, and more.ADPSafe HireValidity ScreeningBackground Bureau, Inc.Safe Hiring SolutionsVerified First LLCNational Employment ScreeningSentrylinkVeriScreenRed RidgeSoutheastern SecurityConsultants, Inc. (SSCI)This learning session will focus on national fingerprint-based backgrounds/criminalhistory checks as authorized under SEA410, effective 7/1/2020. ILF shows NO PREFERENCE tothe method of completing criminal history checks. Rather, ILF seeks to promote solid criminalhistory check policies and best practices.Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.5

Types of Criminal History Checks throughIndiana State Police (ISP)National Fingerprint – Employee/Volunteer fingerprints are checked in all 50 states, asthe most reliable criminal history check process.State Limited - Employee/Volunteer name and date of birth are checked in Indianaonly. Ideal to provide other information on the form (i.e. place of birth, maiden name,other names, social security number, sex, race) for a stronger limited report.State Fingerprint - Employee/Volunteer fingerprints are checked in Indiana, usually asa follow-up to a State Limited criminal history check when returned with inconclusiveresults or no positive matches.Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.6

ISP Fee ProcessingNational Fingerprint - 39.20 (employee) or 37.20 (volunteer)State only Fingerprint - 22.95State Limited - 16.32Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.7

Process for National Fingerprint CheckNational Fingerprint Setup Library submits request for a noncriminal justice ORI (originating agency identifier) to Indiana State Police. The librarysubmits request to ISP on its letterhead with the following information: Per Indiana Code (IC 10-13-3-16), public libraries are qualified entities to request criminal histories through the ISP. Who is the responsible party? Library director or responsible party including name, address, phone, email andsignature. Mail to Indiana State Police, Criminal Justice Data Division, CJIS Section, Indiana Government Center North, 100 NSenate Ave, Indianapolis, IN 46204 or CriminalHistory@isp.IN.govThe FBI Criminal Justice Information Law unit reviews the request and approval or denial of the ORI takes between 60 and90 days.Once approved, ISP will provide the ORI and contact information to the state’s applicant fingerprint vendor (IDEMIA) forconfigurations into IdentoGO (https://in.ibtfingerprint.com/).This is a fee based search (https://in.ibtfingerprint.com/ 39.20 (employee) or 37.20 (volunteer))Library will need to designate person(s) in library for IDEMIA login for portal access.National Fingerprint Process When a new employee/volunteer is hired/offered job, library instructs the applicant to contact IdentoGO to make anappointment to submit fingerprints on behalf of the specific library at one of 70 locations throughout state. The fingerprintprocess takes 10-15 minutes in person (note COVID protocols in 2020). After fingerprints are completed, Library looks up information on portal where report is provided. Typically takes 5 days.Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.8

Process State Only Limited Criminal History CheckState Limited Setup Libraries would set up an account with Indiana Interactive, 317-233-2010, or customerservice2@egov.com toaccess the Indiana State Police Limited Criminal History Search system (http://www.in.gov/ai/appfiles/isp-lch/). This is a fee based search (http://www.in.gov/ai/appfiles/isp-lch/ 15 for subscribers, 16.32 per record Credit Card)State Limited Setup When a new employee/volunteer is hired/offered job, Library submits as much information as known to IndianaInteractive portal. Must have full name and date of birth, but a better search if also include maiden name, place ofbirth, social security number, places lived. Library access a report from the portal with one of three results from the State Limited check process: ON FILE, which means a criminal record was found INCONCLUSIVE RESULTS, which means there may be multiple names NO RECORDS FOUND, which means there were no records in Indiana based on the information provided, thoughmight have had a name change, misspelling, etc.Inconclusive results recommend a State Only fingerprint-based check. Library may request the applicant submit to aState Only fingerprint check or have applicant schedule a National fingerprint process with an approved ORI.Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.9

Process State Only Check with Fingerprints afterLimited Criminal History checkState Only Fingerprint Process When a new employee/volunteer is hired/offered job and an inconclusive results report isreceived form the State Only (Limited Criminal History check), Library can instruct the applicantto schedule a State Only fingerprint check. Employee/volunteer schedules and appointment with IdentoGO (https://in.ibtfingerprint.com/)selecting Criminal Record Review/Challenge. This is a fee based search (http://www.in.gov/ai/appfiles/isp-lch/ 22.95) The subsequent response (RECORD/NO RECORD) is sent to the employee/volunteer to bringcompleted criminal history check to the Library for review and/or to place in the file.Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.10

Reviewing a Criminal History Report Whether you are using a third party report or national fingerprint-based, state limitedcriminal history or state fingerprint-based all individuals have a right to challenge areport. Be cautious with common names. Follow up with a fingerprint check. If using a third-party provider that provides other types of checks, be sure to followFair Credit Reporting Act (FCRA) requirements related to notice, and right to review,and any other requirements. Train designated person how to review and read reports. In instances where negative or incomplete information is obtained, designated staffshould assess the potential risks and liabilities related to the job's requirements andthe length of time since any negative information.Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.11

NO RECORDIndiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.12

CRIMINAL HISTORY FOUNDConsiderations – Type of crime Date of crime Related to Scope of Employment Prior DisclosuresIndiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.13

INCONCLUSIVE,Recommendedfor FingerprintsIndiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.14

CJIS Security Awareness Training, p 1 of 2 Security training is key to the human element of information security. All users with authorized access to criminaljustice information (CJI – includes criminal history record information) should be made aware of their individualresponsibilities and expected behavior when accessing CJI and the systems which process CJI. Basic security awareness training shall be required within six months of initial assignment, and biennially thereafter, forall personnel who have access to CJI. A significant number of topics can be mentioned and briefly discussed in anyawareness session or campaign. Your certification will be Level Two and will include:oIndividual responsibilities and expected behavior with regard to being in the vicinity of CJI usage and/or terminals.oImplications of noncompliance.oIncident response (Identify points of contact and individual actions).oVisitor control and physical access to spaces—discuss applicable physical security policy and procedures, e.g.,challenge strangers, report unusual activity, etc.oMedia protection.oProtect information subject to confidentiality concerns — hardcopy through destruction.oProper handling and marking of CJI.oThreats, vulnerabilities, and risks associated with handling of CJI.oSocial engineering.oDissemination and destruction.Indiana Library Federation leads, educates, and advocates for the advancement of library services for the benefit of Indiana residents.15