In this appendix, we attempt to summarize the relevant legal context for crime reporting in each state. To the extent practicable, the listing for each state summarizes or quotes from state statute or other documents, covering 5–6 items:
As a convenient summary of the status of incident-based reporting in the states, Box E.1 derives from the BJS NCS-X project page and lists the state UCR programs by their eligibility status within the NCS-X program (e.g., not eligible for NCS-X funds because already fully NIBRS compliant) and type of NCS-X grant awarded (e.g., Planning, for from-scratch development of requirements, versus Implementation, for refinement or expansion of an existing incident-based recording system).
committed, the disposition of such offenses and such other information as the commission shall specify relating to the method, frequency, cause and prevention of crime.” § 41-9-631 makes reporting of this information mandatory for “all criminal justice agencies within the state;” submission of data by “any governmental agency” with relevant information but that is not considered a “criminal justice agency” is voluntary (§ 41-9-632), but ACJIC is obliged to include such voluntarily provided data in its statistical reports.
In 1986, ACJIC organized a 32-person UCR Committee to review the IBR report forms. This committee was made up of law enforcement personnel from small, medium and large police departments and sheriffs’ departments, computerized agencies, the FBI, and the Bureau of Justice Statistics (BJS). The committee reviewed and analyzed the 10-year-old forms and decided enhancements were needed. The IBR report forms were redesigned with input from Alabama’s local agencies. In 2006, these forms were redesigned to conform to the FBI’s Nation [sic] Incident Based Reporting System (NIBRS). The new forms became the official state forms in 2010.
Only one agency in Alabama—the city of Hoover—is NIBRS certified and contributed NIBRS data in 2015.
the disposition of the offenses, and any other data the commissioner finds appropriate relating to the method, frequency, cause, and prevention of crime.”
X funding, the Mesa and Phoenix police departments were awarded NCS-X development funds in 2016.
every city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, probation officer, county board of parole commissioners, work furlough administrator, the Department of Justice, Health and Welfare Agency, Department of Corrections, Department of Youth Authority, Youthful Offender Parole Board, Board of Prison Terms, State Department of Health, Department of Benefit Payments, State Fire Marshal, Liquor Control Administrator, constituent agencies of the State Department of Investment, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents, when requested by the Attorney General.
such “data they need from this state” (Penal Code § 13010(f); this wording unchanged under the OpenJustice Data Act described below and in Box E.2).
The act amends the core of the state’s UCR law, Section 13010 of the Penal Code, to read as shown in Box E.2, substantially revising clause (g) and adding the new clause (i). The act does not commit to a timeline for NIBRS conversion but clarifies intent to move in that direction. To further the state’s work, the California state program received an NCS-X Planning grant; the Long Beach, Los Angeles, and San Diego police departments and Los Angeles County sheriff’s department have been awarded NCS-X development funds.
of victims and suspects, and weapon involved), and are summarized in a separate annual report.
a local agency’s submissions are complete and correct. Per § 29-1c(c), the Department is obligated to notify the “chief elected official of the municipality” whose law enforcement agency either fails to report or provides “missing, incomplete or incorrect information”—and inform said official “of the consequences” of these problems, to include ineligibility for state or federal law enforcement grants. “For purposes of this subsection, information is missing, incomplete or incorrect if so designated by the Federal Bureau of Investigation or if not submitted within sixty days of the end of the month in which such information is required to be reported.”
The General Assembly finds that there is a need:
incident-based reporting was tried and rejected in favor of summary-format reporting. The page indicates:
In 1976, Florida was one of the first states to abandon the traditional method of collecting UCR data on a monthly basis and initiated a sophisticated offense-by-offense or incident-based reporting program. Municipal police and county sheriff’s departments reported the individual offense data known to them in the following crime categories: murder, non-traffic manslaughter, forcible rape, robbery, assault, burglary, larceny, motor vehicle theft, and arson. In addition, local law enforcement agencies reported supplemental offense information such as the number of victims, victim’s age, sex and relationship to offender, type of weapon used, the value of property stolen and recovered, circumstances surrounding homicides and other pertinent crime data.
The transition was apparently not smooth, with 1989 being the “first full year of data under the enhanced UCR program”—and that said to be after the program endured a rough “transition year” in 1988, when several reporting agencies were unable to accommodate revised system and data format requirements. Finally, “in 1996, the Florida UCR changed its data collection method from a monthly reporting of crime incidents to a semiannual reporting of summary offense data. With the change from an incident based system to a summary based system, supplementary data such as victim information are no longer available on all offense data except homicide.” Summary-only reporting from FDLE to the national UCR program has continued through the present, though the FDLE was a recipient of a National Crime Statistics Exchange (NCS-X) grant in 2015 to develop a plan for equipping a state-level, NIBRS-certified system and program.
The GBI’s monthly report for June 2016 declared the state’s plan to effect a transition to NIBRS. The advanced notice allows these agencies time to plan for the associated costs of NIBRS transition. While the GBI will assume the costs associated with the implementation of the state data system, local law enforcement agencies could incur costs if they wish to integrate their local records management systems with the GBI’s NIBRS-compliant system. In August 2016, the GBI issued a Request for Proposal to procure a service provider to implement a state NIBRS system.
information obtained to the Governor, the General Assembly, and any other governmental agencies whose primary responsibilities include the planning, development, or execution of crime reduction programs. Access to such information by the latter governmental agencies will be on an individual, written request basis wherein must be demonstrated a need to know, the intent of any analyses, dissemination of such analyses, and any security provisions deemed necessary by the center.”
state law enforcement telecommunications system, submission of electronic data files from approved records management systems, or hard-copy paper form (“which is limited to agencies with less than 50 reportable incidents a month”) (Idaho State Police, 2017:iv).
“shall have all the power necessary to carry out the purposes of this Act, including the power to demand and receive cooperation in the submission of crime statistics from all law enforcement agencies. All data and information provided to the Department under this Act must be provided in a manner and form prescribed by the Department” (50 ILCS 709/5-10).
All law enforcement agencies shall submit to the Department of State Police on a monthly basis the following:
victim, offender, and bias motivation. If no hate crime incidents occurred during a reporting month, the law enforcement agency must submit a no incident record, as required by the Department;
The act further obliges all law enforcement departments to “submit to the Department incident-based information on any criminal homicide” beginning July 1, 2016—akin to the national Supplementary Homicide Reports. The operative clause in this passage—designated fifth in a 6-item list—-is the one referring to index crimes. Historically, the set of index crimes has been parsed as equivalent to the national UCR’s Part I crimes (also called “index crimes,” though the index is no longer calculated nationally)—except that Illinois only undertook a major “transition” in 2010, revisiting its definitions of index crimes to comport with national UCR standards.1 For example, the state UCR program began to disallow designations of “aggravated assault” in cases where the assault victim is of a certain type (e.g., a police officer or a pregnant woman) even though Illinois statute classifies those as “aggravating” factors (Illinois State Police, 2016:3,6). In the 2015 law, it is striking that considerable detail is required for some offense types while the mandatory information on “index” crimes remains “the number of index crime offenses committed” and count of arrests.
The new UCR act in Illinois is also specific on the penalty for nonresponse by a local agency (50 ILCS 709/5-20):
The Department of State Police shall annually report to the Illinois Law Enforcement Training Standards Board any law enforcement agency not in compliance with the reporting requirements under this Act. A law enforcement agency’s compliance with the reporting requirements under this Act shall be a factor considered by the Illinois Law Enforcement
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1 Illinois also denotes violations of five specific state drug laws as index offenses, but only arrest information is collected for those crimes.
Training Standards Board in awarding grant funding under the Law Enforcement Camera Grant Act.
the superintendent considers necessary or the governor requests, reports on public aspects of criminal statistics in a sufficiently general distribution for public enlightenment” (§ 10-13-2-5).
If it comes to the attention of a sheriff, police department, or other law enforcement agency that a public offense or delinquent act has been committed in its jurisdiction, the law enforcement agency shall report information concerning the public offense or delinquent act to the department on a form to be furnished by the department not more than thirty-five days from the time the public offense or delinquent act first comes to the attention of the law enforcement agency. The reports shall be used to generate crime statistics.
type of offenses known to public authorities; (b) The personal and social characteristics of criminals and delinquents; and (c) The administrative action taken by law enforcement, judicial, penal, and correctional agencies in dealing with criminals and delinquents.” The law further directs that the report “interpret these statistics” and “and include statistics that are comparable with national criminal statistics published by federal agencies.”
The Justice and Public Safety Cabinet [the administrative parent of the Kentucky State Police], in consultation with the Cabinet for Health and Family Services, the Kentucky Commission on Women, and any other agency concerned with particular acts of criminal activity, shall design, print, and distribute to all law enforcement agencies in the Commonwealth, a uniform reporting form which provides statistical information relating to the crimes involving domestic violence, child abuse, victimization of the elderly, including but not limited to elder abuse, neglect, and exploitation and other crimes against the elderly, or any other particular area of criminal activity deemed by the secretary of justice and public safety to require research as to its frequency.
when the commission prescribes.” The commission “may impose reasonable administrative sanctions as it deems appropriate” for nonresponse to UCR reporting requirements, “includ[ing] the preclusion of a subject agency’s participation in any of the grant programs operated by the commission” (§ 15:1204.5)
offenses’ and shall include statistics involving violations of [various penal code provisions] in which the offender’s gaming activity is a motive for commission of the crime” (§ 15:1204.2B(8)(b)).
It shall be the duty of all state, county and municipal law enforcement agencies, including those employees of the University of Maine System appointed to act as policemen, to submit to the State Bureau of Identification uniform crime reports, to include such information as is necessary to establish a Criminal Justice Information System and to enable the commanding officer to comply with section 1541, subsection 3 [cooperate ‘with similar bureaus in other states and with the national bureau in the Department of Justice in Washington, D.C.’]. It shall be the duty of the bureau to prescribe the form, general content, time and manner of submission of such uniform crime reports. The bureau shall correlate the reports submitted to it and shall compile and submit to the Governor and Legislature annual reports based on such reports. A copy of such annual reports shall be furnished to all law enforcement agencies.
as for all other categories of the uniform crime reports” (25 ME Rev Stat § 1544). Separate statute enacted in 1979 mandates collection of data on domestic violence incidents, or “incidents of abuse by adults of family or household members” (recodified in 1995 in 19-A ME Rev Stat § 4012).
the following information related to domestic violence incidents:
or she has had a child in common, an individual with whom he or she has or has had a dating relationship, or an individual who resides or has resided in the same household; and the disposition of those offenses. . . .
Hate crime reporting is mandated by § 28.257a.
It shall be the duty of this division to collect, and preserve as a record of the bureau, information concerning the number and nature of offenses known to have been committed in the state, of the legal steps taken in connection therewith from the inception of the complaint to the final discharge of the defendant, and such other information as may be useful in the study of crime and the administration of justice. The information so collected and preserved shall include such data as may be requested by the United States Department of Justice, at Washington, under its national system of crime reporting. To the extent possible, the superintendent must utilize a nationally recognized system or standard approved by the Federal Bureau of Investigation to collect and preserve crime data.
§ 299C.06 makes it “the duty of all sheriffs, chiefs of police, prison wardens, superintendents of hospitals for persons with mental illnesses, reformatories and correctional schools, probation and parole officers, school attendance officers, coroners, county attorneys, court clerks, the commissioner of public safety, the commissioner of transportation, and the state fire marshal to furnish to the division statistics and information regarding the number of crimes reported and discovered.” Unless otherwise authorized, such submissions “must utilize a nationally recognized system or standard approved by the Federal Bureau of Investigation for reporting statistics and information.”
technology which is difficult to integrate with other systems and cannot be modified to meet changing state and federal reporting requirements.” In fall 2014, conversion to NIBRS standards was integrated into the project plans, and three local departments were named as pilot agencies in June 2015 to begin NIBRS-format submission by early 2017. In October 2016, the Minnesota program was awarded an NCS-X Implementation award, to be used to “onboard” agencies sought for inclusion in the NCS-X sample of NIBRS-format providers.
Legislation originally enacted in 2005, codified as § 299C.40, establishes a Comprehensive Incident-Based Reporting System (CIBRS), also to be managed by the Bureau of Criminal Apprehension, but that system appears to be a modern repository of criminal history record information. To wit, the purposes of CIBRS spelled out in the law are all law-enforcement tactical in nature, such as to “prepare a case against a person [for] the commission of a crime]” or “conduct background investigations.”
Among the states, Mississippi is currently the lone, major anomaly in terms of crime statistics reporting: It does not have a recognized state UCR program, and its state code appears to be completely silent on crime reporting.
News accounts have described spottiness of even Summary-format reporting; for instance, Apel (2015) observed that three of the state’s 10 largest cities—Gulfport, Southaven, and Tupelo—do not appear in FBI UCR tabulations (Gulfport and Southaven are the second and third most populous cities in the state, respectively). The reasons mentioned by two of the cities are claimed changes in reporting software—with one citing FBI changes to the national system and the other citing conversion to new software at the local level.
As of the JRSA inventory, the state program (then the Mississippi Highway Patrol) was not NIBRS certified but three local agencies were: Biloxi, Byram, and Gulfport. Only Biloxi and Gulfport appear in the FBI’s 2015 NIBRS tabulations as providing 12 months of NIBRS-format data.
Mississippi’s Statistical Analysis Center is separately created in the School of Criminal Justice, University of Southern Mississippi, by executive order.
inventory, 22 agencies covering 11 percent of the state’s population and 17 percent of its observed crime reported in NIBRS format; the FBI’s 2015 NIBRS tabulation includes entries for 14 local Missouri agencies reporting 12 months of NIBRS data, the largest of those being the Kansas City Police Department.
The Montana Board of Crime Control serves both as the state’s recognized UCR program and its Statistical Analysis Center. The board’s authority regarding crime reporting is not spelled out in state law, but instead appears to derive solely from Montana Code Annotated § 44-4-301: “As designated by the governor as the state planning agency under the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the board of crime control shall perform the functions assigned to it under that act. The board shall also provide to criminal justice agencies technical assistance and supportive services that are approved by the board or assigned by the governor or legislature.”
Though “light” in terms of legal mandate, Montana was among the earliest states to establish a designated state UCR program and among the earliest adopters of NIBRS standards. The state’s own incident-based reporting system, MTIBRS, was certified as fully NIBRS-compliant in 1992. According to the Montana Board of Crime Control (2016:2), MTIBRS differs from NIBRS in three ways. First, it includes 5 data elements not included in NIBRS specifications; these “pertain to domestic abuse, gang activity, gambling, mental health, and drug task force incidents.” Second, MTIBRS “collects all combinations of offenses within an incident,” so that MTIBRS data are “exported to NIBRS with a filter that excludes lesser included offenses” for
some combinations, such as when an incident involves both an “aggravated assault” and a simple assault. NIBRS “only wants the aggravated assault but the state program will accept both offense codes.” Finally, “MTIBRS collects administrative, offense, property, victim, offender and arrestee information on all offenses,” not just NIBRS Group A offenses.
Montana Board of Crime Control (2016:11) notes that, “as of 2015, 100 Montana reporting law enforcement agencies out of 110 submitted 12 months of the MTIBRS data electronically. Four more agencies have submitted partial data for 2015. Six Montana agencies do not report data.” The FBI’s 2015 NIBRS tabulations show 12 months of contributed data from 94 Montana agencies; for NCS-X purposes, Montana is considered as complete NIBRS.
(§ 47-627)—creating a parallel data system focused on the state’s correctional population. This system:
shall include, but need not be limited to, the number of offenses, arrests, charges, probation admissions, probation violations, probation discharges, participants in specialized community corrections programs, admissions to and discharges from problem-solving courts, admissions to and discharges from the Department of Correctional Services, parole reviews, parole hearings, releases on parole, parole violations, and parole discharges. The data shall be categorized by statutory crime.
Another interesting feature of Nebraska’s crime reporting law is the structure of the penalty for nonresponse for “willful or repeated failure by any public officers and agencies [to] submit the prescribed information, records, or reports, including the Uniform Crime Report:” such nonresponse “shall subject the agency or the administrator of the agency to a civil penalty of up to one hundred dollars per day for each day of violation,” “recoverable by way of a civil suit brought against such agency or individually against the administrator.”
One, directed to the governor and state legislative leaders, is “a printed annual report containing the statistical data” on crime received during the preceding year; § 179A.175 requires that this report contain a section on bias-motivated crimes, those that “manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.” The second report is a dedicated report “‘containing statistical data about domestic violence in this State,” addressed to specific legislative entities.
NIBRS certification in the early 2000s. Norton and Delay (2012:7) indicate that “only 40 percent of communities participated in the NIBRS program” in New Hampshire in 1997; the state’s largest and second largest cities, Manchester and Nashua, only began reporting NIBRS format in 2007 and 2005, respectively. By the time of the JRSA inventory, the state was deemed to have achieved NIBRS-format reporting for all agencies in the state, and it is deemed “complete NIBRS” for NCS-X purposes.
All local and county police authorities shall submit a quarterly report to the Attorney General, on forms prescribed by the Attorney General, which report shall contain the number and nature of offenses committed within their respective jurisdictions, the disposition of such matters, . . . and such other information as the Attorney General may require, respecting information relating to the cause and prevention of crime, recidivism, the rehabilitation of criminals and the proper administration of criminal justice.
and the administration of criminal justice within this State;” § 52:17B-5.5 sets the frequency of this report as annual.
has not received NCS-X funds, the Albuquerque Police Department did receive such funding in 2016.
It shall be the duty of the State Bureau of Investigation to receive and collect criminal information, to assist in locating, identifying, and keeping records of criminals in this State, and from other states, and to compare, classify, compile, publish, make available and disseminate any and all such information to the sheriffs, constables, police authorities, courts or any other officials of the State requiring such criminal identification, crime statistics and other information respecting crimes local and national, and to conduct surveys and studies for the purpose of determining so far as is possible the source of any criminal conspiracy, crime wave, movement or cooperative action on the part of the criminals, reporting such conditions, and to cooperate with all officials in detecting and preventing.
The law makes no explicit mention of a requirement to submit data to the state program, and the program is described as purely voluntary.
material suggests that 430 of 460 reporting agencies in the state used incident-based format in 1999. Both the North Carolina state UCR program and the Charlotte Police Department have received NCS-X funding.
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2 The archive of annual reports is accessible at https://attorneygeneral.nd.gov/public-safety/crime-data/crime-reports.
All law enforcement agencies shall report to the Department of State Police statistics concerning crimes:
legislation established penalties for failure to comply with monthly offense reporting—principally, removal of eligibility for distribution of funds from the collection of fines (§ 20.504)
Rhode Island as fully NIBRS-compliant with 100 percent of jurisdictions reporting in the format, it is deemed as just “> 80% NIBRS” for NCS-X purposes.
will classify and count incident, supplemental, and booking reports submitted by other agencies according to procedures defined by the International Association of Chiefs of Police Committee on Uniform Crime Reports, the Uniform Crime Records Committee of the National Sheriffs Association, the Uniform Crime Reports Section of the Federal Bureau of Investigation and the State Law Enforcement Division. The Uniform Crime Reporting Department will assure through training and quality control measures that all automated incident, supplemental, and arrest data submitted to the State Uniform Crime Reporting program are classified and counted according to these procedures.
(This responsibility is reaffirmed in § 73-30.)
collect and compile information, statistical and otherwise, which will, as far as practicable, present an accurate survey of the number and character of crimes committed in the state, the extent and character of delinquency, [and the administration of justice]. He shall include such information as may be useful in the study of crime and delinquency and the causes thereof, for the administration of criminal justice, and for the apprehension, punishment and treatment of criminal offenders.
Pursuant to § 23-6-11, “every person having custody or charge of public or official records or documents, from which information is sought for the purposes of this chapter, shall grant to the director, or to any person deputized by him, access thereto.”3 The state’s designated UCR program is housed in the Division of Criminal Investigation.
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3 That said, the South Dakota attorney general’s website states bluntly that “crime reporting is voluntary” http://atg.sd.gov/OurOffice/Departments/DCI/SAC/NIBRS.aspx.
prepare forms for the statistical classification of crimes, of offenders, of their punishment and treatment and of all other pertinent information, to conform, as far as practicable, with those promulgated by the appropriate agency in the United States Department of Justice, and by the Federal Bureau of the Census.”
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4 New law effective January 1, 2017, continues this phrase to include “reports of law-enforcement-related deaths.”
TBI authority to “adopt and promulgate rules and regulations prescribing the form, general content, time, and manner of submission of the uniform crime reports,” holding that such rules “shall have the force and effect of law.”
collect information concerning the number and nature of offenses reported or known to have been committed in the state and the legal steps taken in connection with the offenses, and other information useful in the study of crime and the administration of justice, including information that enables the bureau to create a statistical breakdown of: (A) offenses in which family and violence was involved; (b) [sexual assault and aggravated sexual assault offenses defined under Texas Penal Code]; and (C) [trafficking of persons and ‘compelled prostitution’ offenses under Texas Penal Code].
The clause implying mandatory response to the state reads: “A law enforcement agency shall report offenses under Section 22.011 or 22.021, Penal Code, to the department in the form and manner and at regular intervals as prescribed by rules adopted by the department” (Texas Government Code § 411.042(i)). An apparent quirk in the law is that the referenced Penal Code sections cover only sexual assault offenses.
identity of an individual victim of a crime” (UT Code § 53-10-205). Likewise, Utah’s code makes it incumbent on local communities and authorities to provide the means for their law enforcement agencies to be able to supply data: “All governing boards or commissions of each city, town, county, or correctional institution of the state shall furnish the appropriate officials with supplies and equipment necessary to perform the duties prescribed in this part” (UT Code § 53-10-212).
The Washington State UCR Program was activated in October 1979 and collection of the monthly SRS data from contributing agencies began in January 1980. In December 2006, Washington State was certified by the FBI to officially collect and submit NIBRS data. In January 2008, based on a 2007 advisory committee recommendation, the WASPC Executive Board made the decision to set the goal date for Washington State law enfo rcement agencies to convert from the SRS method to NIBRS by January 1, 2012. . . . The majority of Washington State agencies submit via the NIBRS method and our goal is 100% NIBRS participation in the near future.
The JRSA inventory suggests that incident-based reporting covered 45 percent of the state’s population and 34 percent of crime; the state program was awarded an NCS-X Implementation grant.
the provisions of a protection order or no-contact order” (WA Rev Stat § 10.99.030).
state law enforcement agencies, district courts, courts of limited jurisdiction, district attorneys, state adult and juvenile correctional institutions and state and local probation and parole agencies” to “maintain a public record of crime and criminals,” and directs that they “shall furnish the information requested by the attorney general.”
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