Can prison inmates and registered sex offenders be submitted to and maintained in a criminal intelligence database based on their status as a convicted criminal or a registered sex offender?
No. The mere fact that an individual is currently in prison or is a registered sex offender is not sufficient to meet the requirement of reasonable suspicion (specifically definable criminal activity or conduct). However, an existing submission on an individual who is now an inmate or a registered sex offender can be validated if there continues to be reasonable suspicion of current criminal activity. The submitting agency/officer would need to possess sufficient information that an inmate or sex offender is currently involved in some definable criminal activity in order to meet the threshold requirement of reasonable suspicion to validate an existing record, thereby extending its retention period and maintenance in a criminal intelligence database. Such information, for example, might come from prison records that an inmate continues to be engaged in criminal activity while inside the correctional facility.
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