§ 6.943. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Administrative adjudication—The completion of any internal investigation, with an administrative finding of ‘‘sustained,’’ ‘‘not-sustained’’ or ‘‘unfounded’’ or the agency equivalent thereof, where all disciplinary penalties have been imposed and all contractual remedies, including grievance and arbitration proceedings, have been exhausted.
Bias-based policing—The unreasonable use of race, ethnicity, National origin, gender or religion by a law enforcement officer in deciding to initiate an enforcement action. It is not racial or other biased-based policing when race, ethnicity, national origin, gender or religion is used in combination with other identifying factors as part of a specific individual description to initiate an enforcement action.
CHRIA—Chapter 91 of 18 Pa.C.S. (relating to criminal history record information), referred to as the Criminal History Record Information Act.
CHRIA information—Information that cannot be disclosed to non-criminal justice agencies under CHRIA, including but not limited to criminal history record information, intelligence information and investigative information as defined under CHRIA.
CJIS—Criminal justice information services.
CJIS information—Information that is obtained or derived from a CJIS system, including, but not limited to, information from the Interstate Identification Index System, the National Crime Information Center and the International Justice and Public Safety Information Sharing Network.
Commission—Pennsylvania Citizen Law Enforcement Advisory and Review (CLEAR) Commission.
Completed internal investigative findings—The final administrative determination by the covered agency that the Commission is authorized to review after a case has been fully investigated and criminally adjudicated and administratively adjudicated, as previously defined, and where no civil litigation has commenced, and where all applicable statutes of limitation have elapsed or all civil or civil rights litigation has concluded. Where civil action commences during the pendency of a review, the review shall cease until the litigation has concluded.
Criminal adjudication—Either a determination by the applicable prosecutor to decline prosecution or all judicial procedures up to and including sentencing and applicable appeal periods have occurred.
Covered agency—As provided under § 6.942 (relating to applicability).
Injury—As it relates to § 6.944(b) (relating to Pennsylvania Citizen Law Enforcement Advisory and Review (CLEAR) Commission), those injuries which require advanced medical treatment beyond basic first aid.
LES information—Law enforcement sensitive information—Information that if disclosed could harm, jeopardize or threaten the investigations, operations or other law enforcement or public safety activities of a law enforcement agency as determined by that agency.
Non-public information—Information that is exempt from public disclosure under section 708(b) of the Right-to-Know Law (65 P.S. § 67.708(b)), including, but not limited to, records that would threaten a public safety activity or related to a criminal or internal investigation.
OSIG—Office of State Inspector General.
PII—Personal identifiable information—Information that, when used alone or with other relevant data, can identify an individual. PII may contain direct identifiers, for example, passport information, that can identify a person uniquely or quasi-identifiers, such as race, that can be combined with other quasi-identifiers, such as date of birth, to successfully identify an individual.
Random sampling—A sampling of completed internal investigative findings for lower-level use of force cases chosen by way of random selection of a predetermined number of cases without specific knowledge of the persons involved or incident details.
Cross References This section cited in 4 Pa. Code § 6.944 (relating to Pennsylvania Citizen Law Enforcement Advisory and Review (CLEAR) Commission).
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