DEPARTMENT OF STATE POLICE

                        CRIMINAL RECORDS DIVISION

                   CRIMINAL JUSTICE INFORMATION SYSTEMS

(By authority conferred on the Department of State Police by 1974 PA 163, MCL 
28.214, and Executive Reorganization Order No. 2008-2, MCL 28.162.


                        PART 1. GENERAL PROVISIONS


R  28.5101  Definitions.
  Rule 101.  As used in these rules:
  (a) "Administration of criminal justice" means the performance  of  any  of 
the following activities:
  (i)   Detection,  apprehension,  detention,  pretrial  release,  post-trial 
release,   prosecution,   adjudication,    correctional    supervision,    or 
rehabilitation of accused persons or criminal offenders.
  (ii) Identification of criminals.
  (iii)Collection, storage, and dissemination of criminal justice information.
  (b) "AFIS" means the automated fingerprint identification system maintained 
and operated by the department.
  (c) "CJIS Information Security Officer" (ISO) means the  person  designated 
to administer the LEIN and NCIC information security program.  The  CJIS  ISO 
is an employee of the CSA.  The CJIS ISO serves as the internal and  external 
point of contact for all information security matters and ensures  that  each 
agency having access to the LEIN and NCIC system  has  a  security  point  of 
contact.
  (d) "CJIS System Agency" (CSA) means the criminal justice agency  that  has 
overall responsibility for the administration and usage of the NCIC within  a 
district, state, territory or federal agency as  designated  by  the  Federal 
Bureau of Investigation.  The CJIS  System  Agency  for  this  state  is  the 
department.
  (e) "CJIS System Officer" (CSO) means a member of the CJIS  System  Agency, 
selected by the head of the CSA, having  the  responsibility  for  monitoring 
system use, enforcing system discipline and security, and ensuring  that  all 
users follow operating procedures.
  (f) "Criminal justice agency" means a court or other  governmental  agency, 
or any subunit thereof,  that  engages  in  the  administration  of  criminal 
justice pursuant to a  statute  or  executive  order  and  that  allocates  a 
substantial part of its annual budget  for  the  administration  of  criminal 
justice.
  (g) "Criminal justice information" means data  (electronic  or  hard  copy) 
collected by criminal justice agencies that is needed for the performance  of 
their functions as authorized or required by law.
  (h) "Criminal justice information systems" (CJIS) means systems provided by 
a governmental  agency  or  authorized  private  entity  that  store   and/or 
disseminate information used for the administration of criminal  justice  and 
public safety.
  (i) "Department" means the Michigan department of state police.
  (j) "Law Enforcement  Information  Network"  (LEIN)  is  the  communication 
network that supplies  information  sharing  for  Michigan  criminal  justice 
agencies, the portal that links to and provides access to various  state  and 
national databases and the hot files.
  (k) "Michigan Criminal Justice Information Network" (MiCJIN) means the  web 
portal that provides a secure infrastructure with data encryption and  single 
user sign-on and authentication to allow access to a variety of applications.
  (l) "National  crime  information  center"  (NCIC)  means  the  nationwide, 
computerized information system established as  a  service  to  all  criminal 
justice agencies operated by the CJIS  division  of  the  Federal  Bureau  of 
Investigation (FBI).
  (m) "Nonpublic information" means information  to  which  access,  use,  or 
dissemination is restricted by a Law or rule of this state or of  the  United 
States.
  (n) "Other information systems" are applications, other than LEIN or  AFIS, 
which are accessed through the MiCJIN portal.
  (o) "Public safety" means the protection of the general population from all 
manners of significant danger, injury, damage, or harm.
  (p) "Public safety agency" means any entity  that  has  a  mission  of,  or 
assists with, protecting the public  from  harm  and  includes,  but  is  not 
limited to, police, fire, courts, prosecutors, search and  rescue,  emergency 
services, and 911 centers.

  History:  1981 AACS; 2009 MR 12, Eff. June 30, 2009.


R  28.5102   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5103   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5104   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5105  Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5106   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5107   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5108   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5109   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5110   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5111   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5112   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5113   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5114   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5115   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5116  Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5117   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5118   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5119   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5120   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


      PART 2. ACCESS, ELIGIBILITY, AND DATA DISSEMINATION PROVISIONS


R  28.5201  CJIS access.
 Rule 201.  Access to LEIN, AFIS, and  other  information  systems  shall  be 
restricted to the following entities and persons:
  (a)  A criminal justice agency.
  (b)  A nongovernmental agency that is statutorily vested with arrest powers 
and whose primary function is the administration of criminal justice.
  (c)  A governmental agency with the administration of criminal  justice  as 
its primary function and whose governing board has criminal justice  agencies 
as the majority of its members.
  (d)  The department of state.
  (e)  An agency authorized by statute.
  (f)  An agency, entity, or person approved by the CSA/CSO for public safety 
purposes.
  (2)  To qualify for access and use of LEIN,  AFIS,  and  other  information 
systems, an authorized agency, entity, or person shall do all the following:
  (a)  Complete  an  application  and  user  agreement  as  required  by  the 
department.
  (b)  Submit a security plan to the ISO as required by the department.
  (c)  Participate in audits as required by the department.
  (d)  Complete a management control agreement as required by the department
  (e)  Agree to comply with state and federal  statutes,  the  administrative 
rules, the Michigan and Federal CJIS security  policies  and  the  procedures 
outlined in the LEIN operations manual.
  (3)  Agencies shall notify the department in  writing  before  any  changes 
affecting access to LEIN, AFIS, or other information systems.

  History:  1981 AACS; 2009 MR 12, Eff. June 30, 2009.


R  28.5202  NCIC access; authorized agencies.
  Rule 202.  Access to NCIC shall be restricted to agencies approved  by  the 
appropriate federal agency and the CSA/CSO.

  History:  1981 AACS; 2009 MR 12, Eff. June 30, 2009.


R  28.5203   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5204   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5205   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5206   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5207   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5208  LEIN, AFIS, and other information systems; use and dissemination.
  Rule 208.  (1) Criminal justice agencies who  create,  store,  or  maintain 
criminal justice information are considered the owners of those  records  and 
maintain all the rights and responsibilities of ownership of those records.
 (2) Agencies who access LEIN,  AFIS,  or  other  information  systems  shall 
comply with these rules.
 (3) LEIN, AFIS, or other information systems shall  only  be  used  for  the 
administration of criminal justice or public safety purposes.
 (4)  Except as permitted  in  these  rules  or  if  authorized  by  statute, 
information from LEIN, AFIS,  or  other  information  systems  shall  not  be 
disseminated to an unauthorized agency, entity, or person.
 (5)  A person shall not access, use,  or  disclose  information  from  LEIN, 
AFIS, or other information systems for personal use or gain.
 (6)  The CSA/CSO may limit or terminate  access  to  LEIN,  AFIS,  or  other 
information systems for failure to cooperate with a request for investigation 
of misuse of LEIN, AFIS, or other information systems.
 (7)  Nonpublic information  may  be  released  for  public  safety  purposes 
consistent with these rules and applicable laws.

  History:  1981 AACS; 2009 MR 12, Eff. June 30, 2009.


R  28.5209  Audit information; dissemination
   Rule 209. A user agency's message transactions may be released to  another 
agency under any of the following conditions:
 (a)   Upon  written  request  from  a  local,  county,  state,  or   federal 
prosecuting attorney who shall specify that the information required is for a 
valid criminal justice purpose.
 (b) A search warrant or subpoena authorized by a judge.
 (c) Upon approval of the agency which initiated the messages.
 (d)  The CSO may release audit information to facilitate  investigations  of 
misuse.
  (2)  A user agency's message transactions may be released  for  noncriminal 
justice purposes if either of the following conditions is satisfied:
  (a) The records are essential to issues raised in an administrative hearing 
related to the misuse of LEIN, AFIS, or other information systems.
  (b)  The records are essential information in a civil action to demonstrate 
the accuracy of LEIN, AFIS, or other information systems, and the records are 
sought pursuant to a valid court order.
  (c)  In  either  subdivision  (a)  or  (b)  of  this  subrule,  the  person 
requesting the information must agree to limit dissemination  of  information 
from LEIN, AFIS, or other information systems for the purposes of the hearing 
or civil action.

  History:  1981 AACS; 2009 MR 12, Eff. June 30, 2009.


R  28.5210   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5211   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5212   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5213   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5214   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


                      PART 3. TERMINALS AND EQUIPMENT


R  28.5301   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5302   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5303   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5304   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5305   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5306   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5307   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5308   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5309   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5310   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5311   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5312   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5313   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5314   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5315   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5316   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5317   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5318   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5319   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


                              PART 4. RECORDS

R  28.5401  Records responsibility.
  Rule 401.  (1) An agency is responsible for the accuracy  and  completeness 
of any record it enters into LEIN, AFIS, NCIC, and other information systems.
 Each record in the file shall be identified with the agency that entered the 
record. Each agency shall validate records as required by  Michigan  and  FBI 
CJIS policy.  Both of the following shall apply:
  (a)  An agency that fails to comply with the validation  and  certification 
requirements within the prescribed time period shall have its records removed 
from LEIN, NCIC, and other information  systems  as  required  by  state  and 
federal policy.
  (b)  An agency that requires more than the specified time to  validate  its 
records shall submit a written request to  the  CSO  for  a  reasonable  time 
extension.
  (2)  Agencies may execute an agreement to allow an agency to enter  records 
for another agency.
  (3)  An agency shall maintain complete and accurate  files  of  all  active 
records which are entered into LEIN, NCIC, or both, and shall ensure that the 
files are readily accessible to any person who is responsible for  confirming 
the validity of records upon inquiry.  Both of the following shall apply:
  (a) An agency shall establish procedures to ensure that, upon inquiry,  all 
records that are entered into either LEIN  or  NCIC  files  can  be  promptly 
confirmed as valid.
  (b) An agency shall  either  maintain  a  24-hour-a-day,  seven-days-a-week 
operation or shall establish an alternative record verification procedure.
  (4)  If, following an inquiry, a positive response is received from LEIN or 
NCIC which indicates that a person is wanted or missing or that  property  is 
stolen, the agency shall immediately contact the agency listed on the  record 
as responsible to confirm.

  History:  1981 AACS; 2009 MR 12, Eff. June 30, 2009.


R  28.5402  Timely entry of records.
  Rule 402.
  (1) An agency shall immediately enter all records into LEIN, NCIC, AFIS, or 
other information systems after becoming aware of the need to do  so,  except 
in cases where immediate entry may jeopardize a criminal investigation.
  (2)  All record entries shall be made pursuant to the  procedures  provided 
by the department.
  (3)  Courts may  enter  records  with  mutual  agreement  of  all  agencies 
involved.

  History:  1981 AACS; 2009 MR 12, Eff. June 30, 2009.


R  28.5403   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5404  Record and broadcast message cancellation; record removal.
  Rule 404.
  (1)  An agency shall promptly cancel a record from  both  LEIN  and  NCIC   
files  when the record is no longer valid.
  (2)  An agency that initiates a broadcast  message  which  is  disseminated 
through the LEIN or NCIC and which requests that a person be arrested or that 
property be recovered shall ensure that the broadcast  message  is  cancelled 
when it is no longer valid.
  (3)  A record may be removed from CJIS or NCIC if the CSO has a substantial 
question concerning the record's validity or accuracy.  Immediately upon  the 
removal of any record, the CSO shall notify the entering agency of the action 
taken. 

  History:  1981 AACS; 2009 MR 12, Eff. June 30, 2009.

Editor's Note: An obvious error in R  28.5404 was corrected at  the  request 
of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended 
by 2000 PA 262, MCL 24.256.  The rule containing the error was  published  in 
Michigan Register, 2009 MR 12.  The memorandum requesting the  correction  was 
published in Michigan Register, 2009 MR 13.


R  28.5405   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5406   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5407   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5408   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5409   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5410   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5411   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5412   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5413   Rescinded.

  History:  1981 AACS; rescinded 2009 MR 12, Eff. June 30, 2009.


R  28.5414  Fees for access to LEIN services.
  Rule 414
  (1) The department shall assess fees annually for access to LEIN services.
Each agency or entity having been granted access to LEIN  shall  pay  to  the 
department the fees listed  in  subrule  (2)  of  this  rule.   Both  of  the 
following apply:
(a) The department shall notify each agency or entity in writing of the  fees 
for which they are responsible.  The notification shall be mailed as soon  as 
practical after the beginning of each state fiscal year.
(b) The notification shall identify a deadline by which payment must be made.
 The deadline shall be not less than 90 days from the date of mailing.
  (2) Agencies or entities having LEIN access shall pay each of the following 
fees, as applicable:
(a) Law Enforcement Per Capita Fee - $12.00 per officer.  This fee  shall  be 
determined by officer  staffing  reported  by  the  agency  to  the  Michigan 
Incident Crime Reporting (MICR) program.  Officer staffing  reported  to  the 
Michigan commission on law enforcement standards shall be used  to  determine 
this fee for agencies not reporting to the MICR.
(b) Agency Fee - $800.00.  This fee shall be assessed to each agency  in  the 
LEIN.
(c) Station Fee - $2,000.00.  This fee shall be assessed  for  each  personal 
computer that receives unsolicited messages, or a mainframe, message  switch, 
or server connected to the LEIN.
(d) Federal, Private, or Noncriminal Justice Agency Surcharge -  $2,500.00.
This fee shall be assessed for each federal, private, or noncriminal  justice 
agency having access to the LEIN.
(e) For-Profit Vendor Fee - $10,000.00.
  (3)  The department may assess fees on a  prorated  basis  to  agencies  or 
entities granted LEIN access after the annual fee  assessments  described  in 
subrule (1) of this rule.
  (4) Agencies or entities that have not paid the required fees 30 days after 
the deadline for payment shall be notified by the department  in  writing  of 
their delinquent status.
  (5) The department may suspend or reduce LEIN services provided to agencies 
or entities that have not paid the required fees 90 days after  the  deadline 
for payment.  Both of the following apply:
  (a) The decision to suspend or reduce services shall  be  within  the  sole 
discretion of the department.
  (b) At least 10 business days before suspending or reducing LEIN  services, 
the department shall notify the head of the  affected  agency  or  entity  in 
writing.

  History:  1981 AACS; 2009 MR 12, Eff. June 30, 2009.