Definitions.

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  • (1) "Administration of criminal justice" means performance of any of the following: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
  • (2) "Alcoholic beverage" is as defined in Section 32B-1-102.
  • (3) "Alcoholic product" is as defined in Section 32B-1-102.
  • (4) "Commission" means the Alcoholic Beverage Control Commission.
  • (5) "Communications services" means the technology of reception, relay, and transmission of information required by public safety agencies in the performance of their duty.
  • (6) "Conviction record" means criminal history information indicating a record of a criminal charge which has led to a declaration of guilt of an offense.
  • (7) "Criminal history record information" means information on individuals consisting of identifiable descriptions and notations of:
    • (a) arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising from any of them; and
    • (b) sentencing, correctional supervision, and release.
  • (8) "Criminal justice agency" means courts or a government agency or subdivision of a government agency that administers criminal justice under a statute, executive order, or local ordinance and that allocates greater than 50% of its annual budget to the administration of criminal justice.
  • (9) "Criminalist" means the scientific discipline directed to the recognition, identification, individualization, and evaluation of physical evidence by application of the natural sciences in law-science matters.
  • (10) "Department" means the Department of Public Safety.
  • (11) "Director" means the division director appointed under Section 53-10-103.
  • (12) "Division" means the Criminal Investigations and Technical Services Division created in Section 53-10-103.
  • (13) "Executive order" means an order of the president of the United States or the chief executive of a state that has the force of law and that is published in a manner permitting regular public access to it.
  • (14) "Forensic" means dealing with the application of scientific knowledge relating to criminal evidence.
  • (15) "Mental defective" means an individual who, by a district court, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is found:
    • (a) to be a danger to himself or herself or others;
    • (b) to lack the mental capacity to contract or manage the individual's own affairs;
    • (c) to be incompetent by a court in a criminal case; or
    • (d) to be incompetent to stand trial or found not guilty by reason or lack of mental responsibility.
  • (16) "Missing child" means any person under the age of 18 years who is missing from the person's home environment or a temporary placement facility for any reason and whose location cannot be determined by the person responsible for the child's care.
  • (17) "Missing person" is as defined in Section 26-2-27.
  • (18) "Pathogens" means disease-causing agents.
  • (19) "Physical evidence" means something submitted to the bureau to determine the truth of a matter using scientific methods of analysis.
  • (20) "Qualifying entity" means a business, organization, or a governmental entity that employs persons or utilizes volunteers who deal with:
    • (a) national security interests;
    • (b) care, custody, or control of children;
    • (c) fiduciary trust over money;
    • (d) health care to children or vulnerable adults; or
    • (e) the provision of any of the following to a vulnerable adult:
      • (i) care;
      • (ii) protection;
      • (iii) food, shelter, or clothing;
      • (iv) assistance with the activities of daily living; or
      • (v) assistance with financial resource management.




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