Background check, Not today

By Kathy Helms
Diné Bureau

WINDOW ROCK — The Information Management Section of Navajo Department of Law Enforcement has asked for a moratorium on processing non-criminal background checks after IMS was directed to process 861 Head Start employee background checks within five days.

During a report this week to the Public Safety Committee, Orlando Bowman, program supervisor, said IMS was mandated by Division Director Samson Cowboy to process the Head Start employee background checks to accommodate the Head Start program.

"Basically, we did process 861 as much as possible. ... Some procedures were not fully accommodated because of the timeline. ... It did not include everything due to expediting the background checks. There are some concerns with that," Bowman said.

He also indicated in a May 10 memo to Navajo Police Chief Jim Benally that "there are some serious concerns that we need to address and everything points to the Department of Law Enforcement/Information Management working with the prosecutor and judicial to entertain an integrated criminal justice system."

"The memo I submitted to Chief Benally basically asks for a moratorium on processing these background checks because it's simply six people trying to do manual processing of criminal background checks. We cannot accomplish those mission objectives with antiquated processing and no coordinated efforts with the prosecutor and judicial."

He called the committee's attention to a flow chart. "It points out exactly how it's set up right now. The database that we have in IMS, we have three databases right now NCJIS, CRIS and CODY. There is no conversion of data into a single database and there's no connectivity with judicial and prosecutor."

To process the documents can take anywhere from a couple hours to eight weeks, he said, depending on the number of requests IMS gets for criminal background checks.

"It's simply impossible to process 'thousands' of background checks within a short time." He based the number on criminal and non-criminal requests coming from on- and off-reservation.

"These background checks come in throughout the continental United States for people who have lived on the reservation or who have worked on the reservation, and they're background checks for various reasons: criminal investigation, employment, etcetera."

Due to the large number of requests coming in and the method of processing the five to six IMS staffers in Toyei must use, Bowman said, "They cannot continue to operate in this manner."

No prints, mugs

Bowman also was asked to update Public Safety Committee on the Automated Fingerprint Identification System, or AFIS.

"The bottom line is that the AFIS is not being utilized to its full potential. The primary intent of AFIS was to capture arrestee fingerprints, to ensure arrestee's identity with fingerprints, a common practice in the criminal justice field," he said.

"NDLE has ceased taking fingerprints and 'mug' photos of arrestees. It used to happen, but not at this time," he said.

In a May 26, 2005, letter to the Bureau of Justice Statistics, Public Safety Division Director Samson Cowboy said the Navajo Nation had recently signed an agreement with the State of Arizona to share fingerprints through AFIS, located in Window Rock.

He offered support of the Navajo Nation's application for the 2005 Tribal Criminal History Record Improvement Pilot Program.

"The proposed grant to improve criminal history is another effort to enhance the communication bridge and should be considered a positive step in the establishment of an electronic fingerprint database, and the sharing of information between the State of Arizona and the Navajo Nation."

The submission of LiveScan fingerprints and reporting of case disposition information is to be directed to Arizona Department of Public Safety's State Criminal History Repository.

Bowman said IMS has issues with some of the funding for AFIS. Also, he said, "AFIS is not being used to its full potential. PSC authorized its purchase a couple years ago, in 2002, I believe. It's over $200,000 worth of equipment. LiveScan is sitting in our booking section, not being utilized. We've tried to train people. It's still not happening.

"Basically, the equipment is available. We have certified people to operate the equipment from the IMS section, but we need the cooperation and coordination with Department of Corrections and Department of Criminal Investigations," he said.

In March 2005, Bowman sent a letter to DPS's Herbert Tsosie requesting the Administrative Support Administration examine and address as a priority, AFIS equipment maintenance funds and AFIS T1 data line connection.

Bowman sent two letters to management in January 2005 requesting assistance, but received no results, he said. "With the lack of approval on technical funds and these issues considered intangible, IMS/NDLE faces disconnecting the AFIS T1 and without the connectivity, limited use of the AFIS," he said.

SEX OFFENDER REGISTRY

Bowman also expressed concern regarding creation of a Navajo sex offender registry. The committee asked for a report on how IMS is working with Chief Benally in implementing the registration, and requested a timeline and information on what has been implemented since passage of the legislation.

"We have had one informal meeting,"Bowman said."I have not been directly informed, however, I understand the Department of Criminal Investigation in Kayenta was or is attempting to construct a database for this registration act. IMS was not consulted on the initial planning.

"Basically, right now, we're going to attempt to bring people together so that we can develop a plan on this Sexual Offender Registration Act,"he said, adding that the act doesn't employ previous resolutions supporting development of an integrated criminal justice information system and mandating creation of an open information environment among Navajo Nation government entities as well as development of computer technology to accomplish the information sharing.

In an April 28 letter to Chief Benally, Bowman said that due to new legislation regarding DUI and sexual offender information sharing,"It is important the AFIS be routinely applied."

In most jurisdictions, when arrested individuals are fingerprinted, a fingerprint card is kept in the individual's criminal history file."This is not happening when NDLE arrests individuals; no fingerprints are taken unless (the) incident qualifies as a major crime,"he said.

Without fingerprints or mug shot on file to make positive identification of a suspect, the individual could allege a case of mistaken identity and challenge the case in court. With no concrete identification to back up the arrest report, it could create potential liability for law enforcement, Bowman said.