Download CA-DOJ DNA Livescan MOU(Agreements and Amendments)

California Department of Justice
California Justice Information Services (CJIS)
Bureau of Criminal Identification & Investigative Services
&
Santa Clara County
Live Scan DNA Data Collection Implementation Agreement
The California Department of Justice (DOJ) Bureau of Criminal Identification and
Investigative Services (BCIIS) will partner with the County of Santa Clara (“County”)
to improve the process of the collection of Deoxyribonucleic Acid (DNA) samples
required under Penal Code Section 296 in Santa Clara County as described in this
document.
The primary purpose of this partnership is to increase the quality of the identification data
associated with DNA samples submitted to the California DNA Data Bank through the
use of technology commonly referred to as Live Scan. This process will create greater
efficiencies in terms of the linkage of the personal data record, charge information, and
subject identification in the DNA sample submission data, updates to the Bureau of
Forensic Services (BFS) Sample Tracking and Control System (STaCS) and the
Automated Criminal History System (ACHS) when DNA is collected during the arrest or
custody process.
This agreement establishes the minimum internal controls deemed necessary by the DOJ
to adequately protect the security and stability of the DOJ Law Enforcement (LE)
Network. The County may impose any additional controls it deems necessary and/or
appropriate for the implementation of the Live Scan DNA Data Collection Systems.
This agreement applies to all personnel, equipment, software, systems, networks,
communication links, and facilities supporting and/or acting on behalf of the agencies
identified in this agreement.
Approval to establish and maintain connectivity to the DOJ LE Network, either directly
or indirectly, shall be contingent upon full compliance at all times with all requirements
set forth in this document. Failure or refusal to fully comply with all requirements herein
may result in the temporary termination of the Santa Clara County connection to the
DOJ LE Network.
The DOJ will provide necessary assistance to enable the connection of the Live Scan
DNA Data Collection Device to the DOJ, including on-site training, testing of
connectivity, identifying communication equipment, line requirements and coordination
between the County, the DOJ BCIIS and the DOJ CJIS Division Network staff.
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AGREEMENT:
The California DOJ and the County which includes, but is not limited to, the following
County operated agencies: Department of Correction, the Probation Department, the
Information Services Department, and the Sheriff’s Office (collectively the “County
Agencies”), agree to the following:
The DOJ agrees to:
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At no cost to the County or the County Agencies, Provide and install four (4)
Motorola LSS3000D desktops Live Scan devices and scanners to the Santa
Clara County Department of Correction through a DOJ purchase order from
MorphoTrak.
At no cost to the County or the County Agencies, affix state identification
numbers to each Live Scan DNA Data Collection desktop, device, and scanner,
which shall not be removed prior to the expiration of 4 years from the date of
installation of the four (4) Motorola LSS3000D desktops Live Scan devices and
scanners.
The County of Santa Clara will be responsible for ongoing maintenance for the
four (4) Motorola LSS3000D desktops Live Scan devices and scanners and the
additional two (2) existing Live Scan devices at County Agencies during the term
of this Agreement, which is four (4) years following installation of the four (4)
new devices. The installation will be performed pursuant to the Live Scan vendor
maintenance agreement between Cal I.D. and MorphoTrak, or as otherwise
agreed by the parties.
The four (4) Motorola LSS3000D desktops Live Scan devices and scanners will
become the property of Santa Clara County upon expiration of this Agreement,
which is four (4) years following installation of the above referenced equipment,
at no cost to the County or the County Agencies.
At no cost to the County or County Agencies, provide for the installation of the
Live Scan DNA software integration application with MorphoTrak and upgrade
the two (2) other existing Live Scan machines at County Agencies
Designate the DOJ’s Client Services Program (CSP) Field Representative as the
point-of-contact for issues and concerns.
At no cost to the County or County Agencies, coordinate with the County
Agencies in the installation, connection, on-site training and off-site controlled
testing.
At no cost to the County or County Agencies, reply with an electronic DNA
Response Notification (DNR) from the DOJ to the County Agencies that will
include:
o match/no match confirmation on fingerprints and State Identification
Number (SID# commonly referred to as CII#) submitted by the County
Agencies
o collect or do not collect DNA flag
o name, date of birth, and gender of the person whose information is
collected (when available)
Target response time within 3 minutes.
Maintain a log of all transactions and responses.
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Implement and maintain end point security requirements.
Evaluate the Live Scan DNA process continually to ensure effectiveness and
provide non-binding suggestions for upgrades to hardware and software.
County agrees to:
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Identify an Information Services Department (ISD) Manager (currently
Kathy Sanchez), or such other person as designated by County, as their
point-of-contact for issues and concerns related to this Live Scan DNA
collection process and agrees to notify the DOJ CSP of future designees.
• Continue to use the contractor selected as part of the Cal. I.D. program,
which currently is MorphoTrak as their Live Scan DNA vendor and
request that the DOJ provide to County and install four (4) Live Scan
DNA Data Collection desktop devices, Motorola Model LSS3000D, and
scanners at no cost to County or County Agencies. These four (4)
scanners and desktops will be shipped to the Santa Clara County
Department of Correction at 180 West Hedding Street, San Jose, CA
95110.
• Continue to use the contractor selected as part of the Cal. I.D. program,
which currently is MorphoTrak as their Live Scan DNA collection vendor
to provide software integration to the two (2) existing Live Scan
machines at County Agencies.
• Coordinate with the DOJ CSP in conducting on-site training and the
performance of off-site controlled testing prior to production.
• Capture and transmit data, fingerprint image minutiae, and bar code data
to the DOJ via the agreed upon telecommunications process.
• Accept the electronic response as defined.
• Ensure all communications and devices connect directly or indirectly to
the DOJ are consistent with the FBI’s Criminal Justice Information
Systems Security Policy.
• The County of Santa Clara will be responsible for ongoing maintenance for the
four (4) Motorola LSS3000D desktops Live Scan devices and scanners and the
additional two (2) existing Live Scan devices at County agencies for a period of
four (4) years following installation of these devices. The installation will be
performed pursuant to the Live Scan vendor maintenance agreement between Cal
I.D. and MorphoTrak, or as otherwise agreed by the parties.
• Verify that subjects qualify for DNA collection and ensure sample
collection takes place as soon as administratively possible after
verification and before release from custody. If a subject is separated from
the verification process and is housed with other inmates before the
collection takes place, then the Santa Clara County Agencies will reverify the subject’s identity (using the DNS TOT) before collection takes
place.
NETWORK CONNECTIVITY:
Santa Clara County ISD staff and DOJ IT Staff agree that the DNA Live Scan devices
will use the county network infrastructure through the current AFIS infrastructure and the
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Santa Clara County connection to DOJ. Santa Clara County ISD staff will be responsible
for translating any county IP addresses to the DOJ provided NAT pool.
MODIFICATION, TERM, TERMINATION, LIABILITY:
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This Agreement shall expire four (4) years following the installation of the
Live Scan devices for four (4) Motorola LSS3000D desktops Live Scan
devices and scanners. Installation of these devices is planned for June
2012.
The County Agencies’ direct or indirect connection to the DOJ LE
Network is contingent upon implementation of, and adherence at all times,
to all requirements set forth in the Implementation Agreement, including
any changes thereto.
Either party may amend or modify the Implementation Agreement, and/or
impose additional requirements and/or restrictions, with the approval of
the other party, which shall not be unreasonably withheld, as necessary to
protect the stability and security of the DOJ LE and Santa Clara County
Network.
This Live Scan DNA Data Collection Implementation Agreement is not
effective unless, and until, approved and signed by both parties.
By signing this Live Scan DNA Implementation Agreement, the
Department of Justice certifies that they have read and understand the
foregoing and agree to and accept responsibility for compliance with all
requirements therein.
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