7 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2008-035 DEPARTMENT OF STATE POLICE

CRIMINAL RECORDS DIVISION CRIMINAL JUSTICE INFORMATION SYSTEMS

Filed with the Secretary of State on February 12, 1981.

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

Draft 1/30/09

 

(By authority conferred on the law enforcement information network policy Council Department of State Police by section 4 of Act No. 163 of the Public Acts of 1974, being 28.214 of the Michigan Compiled Laws 1974 PA 163, MCL 28.214)

 

R 28.5001, R 28.5002, R 28.5003, R 28.5004, R 28.5005, R 28.5006, R28.5007, R 28.5008 ,R 28.5009,

R 28.5010, R 28.5011, R 28.5017, R 28.5018, R 28.5102, R 28.5103, R 28.5104, R 28.5105, R 28.5106,

R 28.5107, R 28.5108, R 28.5109, R 28.5110, R 28.5111, R 28.5112, R 28.5113, R 28.5114, R 28.5115,

R 28.5116, R 28.5117, R 28.5118, R 28.5119, R 28.5120, R 28.5203, R 28.5204, R 28.5205, R 28.5206,

R 28.5207, R 28.5210, R 28.5211, R 28.5212, R 28.5213, R 28.5214, R 28.5301, R 28.5302, R 28.5303,

R 28.5304, R 28.5305, R 28.5306, R 28.5307, R 28.5308, R 28.5309, R 28.5310, R 28.5311, R 28.5312,

R 28.5313, R 28.5314, R 28.5315, R 28.5316, R 28.5317, R 28.5318, R 28.5319, R 28.5403, R 28.5405,

R 28.5406, R 28.5407, R 28.5408, R 28.5409, R 28.5410, R 28.5411, R 28.5412, and R 28.5413, of the

Michigan Administrative Code are rescinded, and R 28.5101, R 28.5201, R 28.5208, R 28.5209, R 28.5401, R 28.5402, R 28.5404, AND R28,5414 of the Code are amended as follows:

 

 

DEPARTMENT OF STATE POLICE

 

AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM POLICY COUNCIL

 

AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM

 

 

(By authority conferred on the automated  fingerprint  identification  system policy council by section 5 of Act No. 307 of the Public  Acts  of  1988, being S28.155 of the Michigan Compiled Laws)

 

R 28.5001  Definitions. Rescinded.

Rule 1. As used in these rules:

 

 

(a) "Act" means Act No. 307 of the Public Acts of 1988, being S28.151 et seq.of the Michigan Compiled Laws.

(b) "AFIS" means the  Michigan  automated  fingerprint  identification system. AFIS  is  a computerized system for encoding, searching, and matching fingerprints. The system includes  the storage and retrieval of fingerprint images.

(c) "AFIS latent print examiner" means an individual whose primary responsibility deals with the detection and  identification  of latent prints and who has been approved by the AFIS policy council.

 (d) "AFIS latent print trainee" means an individual who,  under the direct  guidance  of  an AFIS latent print examiner, is being trained  to detect and identify latent prints and who has  not  yet  met the   minimum standards set forth for an AFIS latent print examiner.

(e) "AFIS latent service" means  a computer  search  of  an  unidentified latent print against the AFIS data base.

(f)"AFIS tenprint examiner" means an individual who has required fingerprint experience, has successfully completed  the   AFIS   orientation, and has been approved by the AFIS policy council.

(g) "AFIS tenprint technician" means an individual whose primary responsibility deals with the identification of individuals and data base update using AFIS technology who is approved by the AFIS policy council.

(h) "AFIS tenprint trainee" means an individual who has little  or  no experience in fingerprints and who is being  trained  to   become   an   AFIS tenprint examiner.

(i) "Agency" means any organization that is authorized to   use   an   AFIS terminal.

(j) "Agency violation" means the unwillingness or  inability  of  the administrative head  of  an agency to maintain the integrity of the automated fingerprint identification system (AFIS) or to resolve   repeated security and privacy violations from within the agency.

(k) "Consortium" means local units of government that are formed for the purpose of purchasing and operating AFIS equipment.

(l) "Consortium board" means the administrative governing  body  for   the consortium which  consists of  representatives  of  the   members   of   the consortium.

(m) "Council" means  the  automated   fingerprint   identification   system policy council. (n) "Department" means the department of state police.

(o) "Identification  record"  means  a  computerized  record   which   is maintained  separate  from AFIS  and  which  provides   names   and    other demographic data regarding a fingerprinted subject.

(p) "Individual violation" means the access or dissemination of AFIS information by a person which violates AFIS rules or guidelines.

(q) "Latent print" means the fingerprint evidence that is  found  during an investigation.

(r) "Member of council" means 1 of 21 representatives who is appointed to serve a 2-year term pursuant to the provisions of the act.

(s) "Michigan state police forensic laboratory" means one of several Michigan state police facilities which are located throughout the state and which serve criminal justice agencies in the area of forensic science.

(t)"Noncriminal fingerprints" means fingerprints that are taken other than for the purpose of recording the identification of criminals.

(u) "Tenprint" means a set of rolled fingerprint  impressions   from  both hands of the printed subject. (v) "Terminal" means any device that is designed to access AFIS.

 

R   28.5002     Responsibilities of council, department, department   forensic   laboratories, and local consortium. Rescinded.

 

 

Rule  2.  (1)  The  council  is  responsible    for    establishing    policy, guidelines, and administrative procedures to  facilitate  the  implementation and use of AFIS equipment.

(2) The department is responsible for the operation of  the   AFIS   system within the state and all other interfaces.

(3) The department's forensic laboratories shall   provide   AFIS   service within their laboratory service areas.

(4) A local consortium shall provide AFIS service to   members   of   its consortium. R  28.5003   AFIS council; meetings; quorum; alternates. Rescinded.

Rule 3. (1) The council shall meet  quarterly  in   January,   April,   July, and October and at other times as the chairperson deems necessary.

(2) A quorum is required to conduct council business.

(3) A quorum of the council shall be a majority of council members.

(4) When a member of the council is unable to attend a meeting, he or she shall advise the executive secretary and may designate an alternate. Written designation of the alternate shall be delivered to the executive secretary of the council before the commencement of the meeting. Alternates shall exercise the same voting privilege as that  of  the   absent member.

(5) A meeting of the council shall be called by   the   chairperson.   Meeting announcements shall be delivered to the business address   of   each   member before the meeting.

(6) Meetings of the council shall be  conducted   pursuant   to   "Roberts' Rules of Order."

 

R  28.5004   AFIS council; committees.  Rescinded.

Rule 4. (1) The chairperson shall establish committees    of    the    council and designate chairpersons with the approval of the council.

(2) Committees shall be comprised of not less   than   3      members       of     the council and others as designated by the committee chairperson.

(3) Committee reports and meeting minutes shall be  submitted  to  the council in writing.

 

R  28.5005   AFIS  council;  officers;  executive   secretary;   election;  removal from office; powers and duties. Rescinded.

Rule 5. (1) The officers of the council shall consist of  a  chairperson and a vice-chairperson.

(2) The officers shall be elected by a majority vote of the council.  (3) Officers shall be elected at the regular  October   meeting   of   the council, shall serve for 1 year, and may succeed themselves.

(4) The elected officers of the council shall serve at  the   pleasure   of the council and may be removed by  an  affirmative  vote  of   2/3   of   the council.

(5) When a vacancy occurs in any office by reason of death, incapacity, resignation, or removal, a special election shall be held to select a council member to complete the unexpired term of the vacated office.

(6) The chairperson shall be the chief executive officer  of  the  council, shall preside at all meetings, and shall execute instruments for, and on behalf of, the council.

(7) In the  absence of  the chairperson, the vice-chairperson shall perform the duties of the chairperson. (8) An executive secretary shall be appointed by the director of the department, subject to the approval of the council, and shall hold  office at the pleasure of the council. The executive secretary shall perform allof the following duties:

(a) Serve  as  the   council's   representative    in    the    day-to-day administration of the AFIS.

(b) Prepare all council and committee meeting agendas,    give    notice    of all council and committee meetings, and maintain a written  record   of   the proceedings of such meetings.

(c) Maintain custody of all documents of the  council   and   provide   for their safekeeping.

 

 

(d)Serve as an ex-officio, nonvoting member of all  committees  of  the council.

 

R  28.5006   AFIS access; council approval required; prohibitions.

Rescinded.

Rule 6. (1) There shall be no access to  the  AFIS  without  the  prior approval of the council. Use of the AFIS terminal without an approved  AFIS operator  is  prohibited.  Use  of  the  AFIS  equipment by unauthorized operators is prohibited. The release of information from AFIS files to unauthorized persons is prohibited. Access to, or dissemination from, the AFIS for personal use or gain is prohibited. Access to, or dissemination from, the AFIS for nonauthorized purposes is prohibited.

(2) Fingerprint images that are  retained  on the AFIS are available for the purpose of identification. The deliberate misprioritizing of searches is prohibited. A search of the system for nonauthorized purposes is

prohibited.

(3) The administrative head of an agency that accesses and uses the AFIS is responsible for maintaining the integrity of the system.

 

R   28.5007     Terminal   installation;   application;     changes;     additions;   corrections; processing.

Rescinded.

Rule 7. (1) An application for the  installation  of a  terminal   shall  be made on  a  form prescribed   by the council   and   shall  be filed with the executive secretary of the council.

(2) An  applicant  shall        answer  all     questions      on    the  application truthfully  and  shall     not misrepresent   any   material   fact   on   the application.

(3) Changes, additions, or corrections to the original application, including changes in business address or officers, shall be filed with the executive secretary of the  council  within 10  days  after the changes are made.

(4) When  an  application  for a  terminal   is   received,   the  executive secretary of the council shall process the application as follows:

(a) Review for completeness.

(b) Forward a letter to  the  applicant  agency  acknowledging   receipt  of the application. (c) Forward a copy of each application to the council for approval.

(5) The  council  shall  review   all   pending applications   at  regularly scheduled  meetings,   at  which time  consideration   shall   include   the following:

(a) Available state funding.

(b) The financial commitment of the applicant agency.

(c) The population of the area that is served by the applicant agency.

(d)The  availability  of  an  approved  AFIS  terminal  operator   who   is qualified with respect to the service and approved usage of the equipment.

(e) Impact on the existing  capacity, support staff, and work  load  of  the AFIS. (f) The applicant can bring forth any other items for consideration.

 

R  28.5008   Department and approved terminal responsibilities; agreement.  Rescinded.

Rule 8. (1) Upon approval by the council, a signed  agreement  between  the council, the department, and the approved terminal   agency   shall   specify the following:

(a) That the department shall do all of the following:

(i) Designate the equipment that is available for purchase.

(ii) Review the equipment order with the agency and forward  the  order  to the vendor.

 

 

(iii) Approve the installation of the equipment.

(iv) Arrange for the installation of communication lines. (v) Bill the agency for payments due.

(vi) Establish maintenance  contracts  for  equipment   that   is   leased, purchased, or leased-purchased with any portion of state funds.

(b) That the agency shall do all of the following:

(i) Make payments to the department for all costs as set   forth   in   the agreement. (ii) Provide fingerprint services as stated in the agreement.

(iii) Follow all rules, policies, and  procedures  established  by  the council.

(2) The department shall hold title to all equipment where state funding was appropriated for any portion  of  the  equipment  that  is   leased, purchased, or leased-purchased. If  an  agency  defaults on payments to the department or fails to provide  services  as  specified  in  the agreement, ownership of the equipment shall revert to the department and the subsequent placement of the equipment shall be determined by the  council.

 

R  28.5009   Terminal environment; location; security. Rescinded.

Rule 9. An agency shall do all of the following:

(a) Locate the terminal in a safe, clean, and dry environment.

(b) Provide electric service and controlled temperature and humidity levels specified by the terminal manufacturer.

(c) Place the terminal in a secure location which is under the direct control and supervision of authorized personnel of the agency and which is inaccessible to persons who are not qualified or authorized  to  operate  the terminal.

 

R  28.5010   Reporting of violations; corrective action.  Rescinded.

Rule 10. (1)  All  agency  and  individual  violations  shall     be  promptly reported to the executive secretary  of  the   council.   The written  notice shall include all of the following information:

(a) The nature of the violation.

(b) The agency or operator or administrator who  is   responsible  for  the violation. (c) The place, time, and date of the violation.

(2) Upon notification by  the   executive   secretary,  an  inquiry  of the violation shall be  conducted  by a committee that is designated by the council.

(3) Corrective measures for violations may include any of the following: (a) A letter of reprimand that mandates corrective action.

(b) Required training or retraining  for  AFIS administrators, officers, or operators. (c) Suspension of an offender from AFIS access.

(d) Removal of the AFIS terminal.

(4) Any action or corrective  measures  that  are   taken   by  an AFIS user agency shall be reported  to the  executive   secretary  of   the  council in writing.

 

R  28.5011   Retention of noncriminal fingerprints. Rescinded.

Rule 11. (1) Noncriminal fingerprints that are registered on the AFIS are to  be  distinguished  from criminal fingerprint records that are registered on the AFIS.

(2) Noncriminal fingerprints that  are  retained   pursuant   to   statute, executive order, or promulgated rule will be registered on the AFIS.

(3) Noncriminal  fingerprints  that  are  not  required    to  be  retained  by  statute,  executive  order,  or promulgated rule will be  registered in AFIS, but will be deleted upon written request to the department.

 

 

(4) If statute, executive order, or a promulgated rule prohibits the retention of noncriminal  fingerprints, the fingerprints will not be registered.

 

R 28.5017  Image maintenance; training. Rescinded.

Rule 17. (1) The  department  shall  be  responsible   for   maintaining all image quality on the AFIS.

(2) The  department  shall  provide  training   to   agencies    that   are responsible for registration on the AFIS.

 

R 28.5018  AFIS audit. Rescinded.

Rule 18. The  department  shall  prepare  an  audit plan for approval by the council. The audit plan shall include all of the following:

(a) Complete reporting. (b) Access and use.

(c) Image quality.

(d)Synchronization of AFIS records and identification records.

 

DEPARTMENT OF STATE POLICE

 

CRIMINAL JUSTICE DATA CENTER

 

LAW ENFORCEMENT INFORMATION NETWORK

 

PART 1. GENERAL PROVISIONS

 

R  28.5101.  Definitions; A to C. Rule 101.  As used in these rules:

(a) "Act" means Act No. 163 of the Public Acts of 1974, being 28.211 et seq. of the Michigan Compiled Laws, and known as the L.E.I.N. policy Council act of 1974.

(Ba) "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 history record 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 legally authorized, required functions.

(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.

(c)    "Agreement" means a contract between the executive agent of the criminal justice data center, the law enforcement information network policy Council, and a terminal or non-terminal user agency or a satellite computer system which identifies the responsibilities of the criminal justice data center, the LEIN Council, and the user agency.

(d)"Bit" means a unit of computer information.

(e) "Computerized criminal history", known as CCH, means information which is collected on individuals by criminal justice agencies, which is maintained in LEIN and NCIC computer files, and which consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges and any dispositions arising therefrom.

(f)"Convenience terminal" means an additional computer terminal which is installed in a user agency for the convenience of the user, but which is not required to handle an expanded workload in message traffic.

(g) "Criminal history record information", known as CHRI, means information which is collected on individuals by criminal justice agencies and which consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges and any dispositions arising therefrom, such as sentencing, correctional supervision, or release.

(h) "Criminal history record information system" means a system for the collection, processing, preservation, or dissemination of criminal history record information, including the equipment, facilities, procedures, agreements, and organizations thereof.

(i)   "Criminal justice agency" means either of the following:

 

 

(i) A court.

(ii) A governmental agency, or any subunit thereof, which engages in the administration of criminal justice pursuant to a statute or executive order and which allocates a part of its annual budget for the administration of criminal justice.

(j) "Criminal justice computer system" means a computer system, communications switcher, or any other device through which LEIN data passes or is processed and which is operated by, and under the exclusive management control of either a criminal justice agency or a governing board where a majority of the board's members represent criminal justice agencies.

"Criminal justice data center", known as CJDC, means the Michigan data center established by section 5a of Act No. 51 of the Public Acts of the First Extra Session of 1948, as amended, being 18.5a of the Michigan Compiled Laws, state of Michigan Executive Directive 1971-6, and Executive Reorganization Order No. 1972-3.

 

R  28.5102.  Definitions; D to L.   Rescinded.

Rule 102.  As used in these rules:

(a) "Direct access" means access to the LEIN through a computer terminal which is either connected directly to the LEIN computer or is connected through a computer terminal which is linked to a satellite computer system.

(b) "Executive agent, CJDC" means the director of the Michigan state police as established by the state of Michigan Executive Directive 1971-6.

(c) "Full participation" means that a user agency has access to all LEIN and NCIC data and is authorized, where applicable, to enter, modify, and cancel records in the LEIN and NCIC, either directly or through a servicing terminal agency.

(d)"High-speed terminal" means a computer terminal that transmits data at a rate of 1200 or more bits per second.

(e) "Indirect access" means access to the LEIN by a non-terminal agency which receives service through a terminal agency.

(f)"Law enforcement information network", known as LEIN, means the Michigan law enforcement computer system and the series of computer terminal locations which allow criminal justice agencies to put in, and have access to, data.

(g) "LEIN Council" means the Council created by the act to provide for the establishment of policy and the promulgation of rules governing the use of the LEIN.

(h) "LEIN data" means data that is available either from or through the LEIN computer and includes all of the following:

(i) Wanted and missing person records.

(ii) Stolen and missing license plate records. (iii)Stolen and wanted vehicle records.

(iv) Criminal history record information.

(v) Michigan department of state vehicle registrations and driver records. (vi) Vehicle registration and driver records of other states.

(vii)Provision for an intrastate and interstate message switching service to allow the delivery and receipt of administrative messages which are related to criminal justice matters.

(i) "Limited participation" means that a user agency shall have only restricted access to certain LEIN and NCIC data, as approved by the Council.

 

R  28.5103.  Definitions; M to O.  Rescinded.

Rule 103.  As used in these rules:

 

 

(a) "Management control" means the authority to set and enforce all of the following: (i) Priorities.

(ii) Standards for the selection, supervision, and termination of personnel.

(iii) Policy governing the operation of computers which are used to process criminal history record information insofar as the equipment is used to process, store, or transmit criminal history record information and includes the supervision of equipment, systems design, programming, and operating procedures necessary for the development and implementation of the computerized criminal history program.

(b) "Microwave data link system" means a microwave system which is maintained by the Michigan state police and which, with Council approval, is interfaced to the LEIN.

(c) "Mobile digital terminal" means a device which is installed in a vehicle and which has the capability to send digital messages or receive digital messages, or both.

(d)   "National crime information center", known as NCIC, means the nationwide criminal justice data center which is located in Washington, D. C., and which is administered by the U. S. department of justice. The authority for the NCIC program is derived from 28 C.F.R. 534 (1976).

(e) "National law enforcement telecommunications system", known as NLETS, means a national computerized message delivery system located in Phoenix, Arizona.

(f)"NCIC advisory policy board" means the board established by 28 C.F.R. 20.25 (1976), to make recommendations to the director of the federal bureau of investigation on general policy with respect to the philosophy, concept, and operational principles of NCIC.

(g) "NCIC data" means data that are available from the NCIC computer and includes all of the following:

(i) Wanted and missing person records.

(ii) Stolen and missing license plate records. (iii)Stolen and wanted vehicle records.

(iv) Stolen gun, security, article, and boat records. (v)  Criminal history record information.

(h) "Noncriminal justice computer system" means a computer system, communications switcher, or any other device that is operated by a noncriminal justice agency and through which LEIN or NCIC data pass or are processed.

(i) "Non-terminal agency" means a criminal justice agency that is authorized to have indirect access to LEIN and its satellite computers through a terminal agency.

(j) "Originating agency identifier", known as ORI, means a 9 character code which is assigned by LEIN or NCIC, or both, and which is used to identify an agency for message transaction purposes.

 

R  28.5104.  Definitions; P to U.  Rescinded.

Rule 104.  As used in these rules:

(a)      "Private  person"  means  an  individual,  partnership,  association,  corporation,  governmental subdivision, or public or private organization of any kind that does not qualify for access to the LEIN. (b)  "Regional communications system" means a cooperative effort which is entered into by political subdivisions in a geographic area for the purpose of providing consolidated dispatch services for police, fire, and rescue services.

(c) "Satellite computer system" means a computer system that is directly interfaced to the LEIN.

(d)"Self-pay agency" means an agency that is authorized by the Council to have direct access to the LEIN through equipment which shall be paid for by the user agency. The equipment may be either of the following:

(i) A terminal and related communication links which are procured through the CJDC.

 

 

(ii) A terminal with related communication links which is connected to an approved satellite computer system which is interfaced to the LEIN.

(e) "Standard LEIN terminal" means a teletype terminal which transmits data at a rate of 100 or less bits per second.

(f)"State-funded agency" means an agency that is authorized by the Council to have direct access to LEIN data and services through a state-funded, standard LEIN terminal.

(g) "Terminal agency" means either of the following:

(i) A criminal justice agency in which a LEIN terminal is physically located.

(ii) An agency that has access to LEIN through a terminal connected to  an  authorized  satellite computer.

(h) "User agency" means an authorized criminal justice agency or any other agency that is authorized to have either direct or indirect access to the LEIN.

 

 

R  28.5105.  Adoption of federal standards. Rescinded.

Rule 105.  The following federal standards are incorporated by reference in these rules:

(a) "Criminal Justice Information Systems", 28 C.F.R. part 20 (1976). Copies of these regulations may be inspected at the offices of the criminal justice data center, department of state police. Copies may be obtained without charge from the Federal Bureau of Investigation, Washington, D. C. 20535, and from the Department of State Police, 714 S. Harrison Road, E. Lansing, Michigan 48823.

(b) NCIC rules and procedures governing the utilization of the federal computerized criminal history programs which are published in a department of justice document entitled, "Computerized Criminal History Program, Background, Concept, and Policy", dated June 14, 1979. This publication may be obtained without charge at the offices of the Criminal Justice Data Center, Department of State Police, 714 S. Harrison Road, E. Lansing, Michigan 48823, or from the National Crime Information Center Section, Federal Bureau of Investigation, Washington, D. C.  20535.

 

R 28.5106. LEIN Ccouncil; meetings; quorum; alternates. Rescinded.

Rule 106.  (1)  The Council shall meet quarterly, in January, April, July, and October and at other times as the chairman deems necessary.

(2) A quorum is required for the Council business.

(3) A quorum of the Council shall be a majority of Council members.

(4) (1) When a member of the Council is unable to attend a meeting, he or she may, designate a person who is not a member to act as his or her. alternate. Written designation of the alternate shall be delivered to the executive secretary of the Council before the commencement of the meeting. Alternates shall exercise the same voting privileges as that of the absent member,

(5)   Meetings of the Council shall be called by the chairman.  Meeting announcements shall be mailed to the business address of each member not less than 7 days before the meeting.

(62)  Meetings of the Council shall be conducted pursuant to the "Roberts' Rules of Order.".

(73)  Council meetings shall be conducted in compliance with Act No. 267 of the Public Acts of 1976, as amended, being 15.261 et seq. of the Michigan Compiled Laws, and the open meetings act

 

R 28.5107.  LEIN Council; committees. Rescinded.

Rule 107.  (1)  The chairman may establish committees of the council, appoint members, and designate chairpersons.

(2) Committees shall be comprised of not less than 3 members of the council.

(3) Committee reports and meeting minutes shall be submitted to the council in writing.

 

 

 

 

R  28.5108.  LEIN Council; officers; election; removal from office; powers and duties. Rescinded.  Rule 108.  (1)  The officers of the council shall consist of a chairman vice-chairman., and an executive secretary.

(2) The officers, except the executive secretary, shall be elected by a majority vote of the council.

(3) T Oofficers shall be elected at the regular July meeting of the Council, shall serve for 1 year, and may succeed themselves.

(4) The elected officers of the council shall serve at the pleasure of the council and may be removed by an affirmative vote of 2/3 of the council.

(5) When a vacancy occurs in any office by reason of death, incapacity, resignation, or removal, a special election shall be held to select a council member to complete the unexpired term of the vacated office.

(6) The chairman shall be the chief executive officer of the council, shall preside at all meetings, and shall execute instruments for, and on behalf of, the council.

(7) The vice-chairman shall, in the absence or disability of the chairman, perform all duties and exercise all powers of the chairman and shall perform such other duties as may be assigned to him or her by the chairman.

(8) The executive secretary, subject to the recommendation of the Council, shall be appointed by the director of the department of state police, and shall hold office at the pleasure of the council. The executive secretary shall perform all of the following duties:

(a) Serve as the council's representative. in the day-to-day administration of the LEIN.

(b) Prepare council meeting agendas, give notice of all meetings of the Council, and maintain a written record of the proceedings of such meetings.

(c) Maintain custody of all documents of the council and provide for their safekeeping.

(d)Insure that all policies and rules that are established by Council action are promulgated as required by Act No. 306 of the Public Acts of 1969, as amended, being 24.201 et seq. of the Michigan Compiled Laws, and known as the administrative procedures act of 1969.

(e) Serve as an ex-officio, non-voting member of all committees of the Council.

 

 

R  28.5109.  ORI assignment and construction for Michigan law enforcement agencies.  Rescinded.

Rule 109.  (1)  A user agency that has access to the LEIN shall be assigned an ORI.

(2) State police, sheriff department, and local law enforcement agency ORIs shall be constructed as follows:

(a) The first 2 characters shall be the abbreviation for the state. Each state shall have a 2-character alphabetic code identification. For example, Michigan's code is MI.

(b) The third and fourth characters shall be a 2-digit number identifying the county. These digits are derived from listing the 83 counties of Michigan alphabetically from Alcona to Wexford, then numbering them consecutively.

(c) The fifth, sixth, and seventh characters shall be a 3-digit number identifying a specific jurisdiction within a county and indicating the type of law enforcement agency, as follows:

(i)  State police agencies..............................001 to 099.

(ii) Sheriff departments................................101 to 183. (iii)Municipal, township, or other police departments...200 to 999.

 

 

(d)The eighth and ninth characters shall be used to explicitly identify internal divisions, units, or subunits within larger departments which have multiple terminals. The eighth character may be a letter or a number.  The ninth character shall be a number.

 

 

R  28.5110.  ORI assignment and construction for other Michigan

criminal justice agencies and regional communication systems. Rescinded.

Rule 110. ORIs shall be assigned to authorized Michigan courts, prosecuting attorneys, parole and probation agencies, correctional institutions, pretrial service agencies, and regional communications systems.  These ORIs shall be constructed as follows:

(a)  The first 2 characters shall be the abbreviation for the state. (b)  The third and fourth characters shall identify the county.

(c)  The fifth, sixth, and seventh characters shall identify a specific agency within the county. (d)  The eighth character shall identify the governmental level of the agency, as follows:

(i)  A local or municipal agency is 1. (ii) A county agency is 3.

(iii)A state agency is 5. (iv) A federal agency is 7.

(e)  The ninth character shall identify the type of agency, as follows: (i)  A prosecuting, district, or city attorney or the attorney general is A. (ii) A pretrial service agency is B.

(iii)A correctional institution, including a jail, prison, detention or treatment center, or halfway house, is C.

(iv) A probation or parole agency is G. (v) A court is J.

(vi) A medical examiner, coroner, or custodial facility in a medical or psychiatric institution is M. (vii)A regional communication system is N.

(viii)A miscellaneous agency that is statutorily classified as a criminal justice agency is Y.

 

 

R  28.5111.  LEIN ORI assignments; criteria. Rescinded.

Rule 111.   (1)   To qualify for a LEIN ORI assignment, an agency shall meet both of the following criteria:

(a) The agency shall be a governmental agency.

(b) The agency shall qualify as a criminal justice agency, as defined in R 28.5101.

(2) A nongovernmental agency may qualify for a LEIN ORI assignment if it meets both of the following criteria:

(a) The agency is statutorily vested with arrest powers.

(b) The agency is engaged primarily in the administration of criminal justice.

 

 

R  28.5112.  NCIC ORI assignment; criteria. Rescinded.

Rule 112.  (1)  To qualify for an NCIC ORI assignment, an agency shall meet both of the following criteria:

(a) The agency shall be a governmental agency.

(b) The agency shall qualify as a criminal justice agency as defined in R 28.5101.

 

 

(2) An agency that does not meet the qualifications of a criminal justice agency may qualify for a NCIC ORI assignment if it meets the definition of an agency under the management control of a criminal justice agency.

 

 

R  28.5113.  NCIC ORI assignment; unqualified agencies.  Rescinded.  Rule 113.  The following agencies do not qualify for an ORI assignment: (a)  A court that hears civil cases only.

(b) A correctional facility that houses only juveniles who are orphaned or declared incorrigible but who are not involved in the criminal justice process.

(c) Private school police. (d)  Railroad police.

 

 

R  28.5114.  ORI assignment; request for issuance. Rescinded.

Rule 114. A request for the issuance of an ORI assignment shall be made on a form provided by the Council and shall be accompanied by the statute, executive order, or other documentation which establishes the agency as a criminal justice agency or an agency under the management control of a criminal justice agency. Forms are available from the Executive Secretary, LEIN Policy Council, 714 S. Harrison Road, E. Lansing, Michigan 48823.

 

 

R  28.5115.  ORI assignment and maintenance; responsibility. Rescinded.

Rule 115. The executive secretary of the Council is responsible for assigning ORI numbers to all authorized agencies and shall maintain records of all assignments, additions, deletions, or corrections to ORI numbers.

 

 

R  28.5116.  LEIN or NCIC entries; use of ORIs required. Rescinded.

Rule 116.  A user agency shall use its assigned ORI on all records entered into the LEIN or NCIC.

 

 

R 28.5117.  Cities and townships; ORI assignment. Rescinded.

Rule 117. A city or township that requires an elected or appointed constable to perform both statutory criminal and civil duties is eligible for an ORI assignment if the constable satisfies all of the following criteria:

(a) Complies with the minimum employment standards as established by the law enforcement training Council pursuant to section 9 of Act No. 203 of the Public Acts of 1965, as amended, being 28.609 of the Michigan Compiled Laws.

(b) Has unrestricted arrest powers of a peace officer as defined in section 15 of Act No. 84 of the Public Acts of 1935, as amended, being 764.15 of the Michigan Compiled Laws.

(c) Is employed by the city or township as a full-time peace officer. R 28.5118. Public hearings; applicable law. Rescinded.

 

 

Rule 118. Public hearings conducted by the LEIN Council pursuant to the act shall be in accordance with and subject to Act No. 306 of the Public Acts of 1969, as amended, being 24.201 et seq. of the Michigan Compiled Laws.

 

 

R  28.5119.  Contested cases; applicable law. Rescinded.

Rule 119. LEIN Council administrative procedures in contested cases and judicial review shall be in accordance with and subject to sections 71 to 87 and 101 to 106 of Act No. 306 of the Public Acts of 1969, as amended, being 24.271 to 24.287 and 24.301 to 24.306 of the Michigan Compiled Laws.

 

 

R 28.5120. Special programming requests from a user agency. Rescinded.

Rule 120. A request received by the CJDC from a user agency for special programming or other special work which is of benefit only to the requester shall be processed as follows:

(a) The request shall be submitted in writing to the executive secretary of the LEIN Council and shall include all of the following information:

(i) A description of the special programming or work desired. (ii) The purpose or reason for the request.

(iii)When the special programming or other work is needed.

(b) When a request is received, the executive secretary shall forward a letter to the user agency acknowledging receipt thereof.

(c) The executive secretary shall determine if the request requires LEIN Council approval. If so, he or she shall forward the request to the appropriate committee of the LEIN Council for review. The committee shall determine if there are any budgetary requirements and shall recommend approval or disapproval to the LEIN Council.

(d)If the request is approved by the LEIN Council, the executive secretary shall notify the user agency in writing.

(e) A request from a user agency for special programming or special work that does not require LEIN Council review and approval shall be forwarded to the director of the CJDC by the executive secretary for further processing.

 

 

PART 2.  ACCESS, ELIGIBILITY, AND DATA DISSEMINATION PROVISIONS

 

R 28.5201. CJISLEIN access.authorized agencies.

Rule 201.  Access to LEIN, AFIS, and other information systems shall be restricted to the following

entities and persons agencies:

(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 regional or local organization which is established pursuant to a statute, ordinance, resolution, or executive order, which has as its primary function the collecting and processing of criminal justice information, and whose governing board has, as a majority of its members, persons who represent criminal justice agencies. 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)      A governmental agency that maintains vehicle registration and driver records as 1 of its primary functions.  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.

 

 

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. data shall be restricted to the following agencies:

(a) A criminal justice agency.

(b) Agencies at all government levels that have, as a principal function, the collection and provision of fingerprint identification information.

(c) A regional or local organization which is established pursuant to a statute, ordinance, resolution, or executive order, which has as its primary function the collecting and processing of criminal justice information, and whose governing board has, as a majority of its members, persons who represent criminal justice agencies.

(d)A government agency that maintains vehicle registration and driver records as 1 of its primary functions.

 

 

R  28.5203.  Criminal Justice Agency; participation in LEIN and NCIC; criteria. Rescinded.

Rule 203. (1) A criminal justice agency may qualify for either full or limited participation in the LEIN and NCIC.

(2) To qualify for full participation in the LEIN and NCIC systems, a criminal justice agency shall comply with all of the following:

(a) Complete an agreement with the executive agent, CJDC, and the LEIN policy Council.

(b) Insure that computers, terminals, other related equipment that is used to gain access to these systems, and all personnel either operating or having access to such equipment are under the management control of either of the following:

(i) A criminal justice agency administrator.

(ii) A governing board that is established by a statute, ordinance, resolution, or executive order. The majority of the governing board's membership shall be representatives of criminal justice agencies.

(c) Establish procedures to insure that, upon inquiry, all records that are entered into either the LEIN or NCIC files can be promptly confirmed as valid. A terminal agency shall either maintain a 24-hours-a- day, 7-days-a-week operation or shall establish an alternative records verification procedure. This verification procedure shall require Council approval before implementation.

 

 

(3) In addition to the requirements of subrule (2) of this rule, a law enforcement agency shall meet both of the following criteria:

(a) Be vested with the power of arrest as defined in Act No. 175 of the Public Acts of 1927, as amended, being 764.15 et seq. of the Michigan Compiled Laws.

(b) A local, county, or state law enforcement agency shall establish an interim bond procedure as outlined in Act No. 157 of the Public Acts of 1970, as amended, being 780.581 et seq. of the Michigan Compiled Laws.

 

 

R  28.5204.  Regional communications systems; participation in LEIN and NCIC; criteria. Rescinded.  Rule 204.  (1)  To qualify for participation in the LEIN and NCIC systems, a regional communications system shall comply with all of the following:

(a) Complete an agreement with the executive agent, CJDC, and the LEIN policy Council.

(b) Insure that computers, terminals, other related equipment that is used to gain access to these systems, and all personnel either operating or having access to such equipment are under the management control of either of the following:

(i) A criminal justice agency administrator.

(ii) A governing board that is established by a statute, ordinance, resolution, or executive order. The majority of the governing board's membership shall be representatives of criminal justice agencies.

(c) Establish procedures to insure that, upon inquiry, all records entered into either the LEIN or NCIC files can be promptly confirmed as valid. A regional communications system shall either maintain a 24- hours-a-day, 7-days-a-week operation or shall establish an alternative records verification procedure. The verification procedure shall require Council approval before implementation.

(2) Unless specifically approved by the Council, regional communications systems shall not be authorized to have access to either computerized or manually maintained criminal history record information.

 

 

R 28.5205. Nongovernment agency; limited participation in LEIN; criteria. Rescinded.

Rule 205. To qualify for limited participation in the LEIN, a nongovernment agency shall comply with all of the following:

(a) Be statutorily vested with the powers of arrest and have, as its primary function, the administration of criminal justice.

(b) Complete an agreement with the executive agent, CJDC, and the LEIN policy Council.

(c) Insure that computers, terminals, and other related equipment that is used to gain access to LEIN files are under the management control of the user agency administrator.

(d)Establish procedures to insure that, upon inquiry, all records entered into the LEIN can be promptly confirmed as valid. A terminal agency shall either maintain a 24-hours-a-day, 7-days-a-week operation or shall establish an alternative records verification procedure. The verification procedure shall require Council approval before implementation.

 

 

R 28.5206. Criminal justice agency serviced through a noncriminal justice computer system; participating in LEIN; criteria. Rescinded.

Rule 206. To qualify to participate in the LEIN, a criminal justice agency that is serviced by a noncriminal justice computer system shall comply with both of the following requirements:

 

 

(a) Exercise management control over the operation of all hardware at the noncriminal justice computer center which is used to process, store, or forward either LEIN or NCIC data.

(b) Complete a written agreement with the noncriminal justice agency that operates the computer center. The agreement shall give the criminal justice agency all of the following rights and powers:

(i) A guarantee that the criminal justice agency network shall receive the highest priority in the areas of maintenance, support, and assignment of personnel and hardware resources.

(ii) The right to final approval in the selection of all software used to communicate with the LEIN. (iii)The right to approve all employees who will have access to hardware which connects to the LEIN. (iv) The authority to make any necessary audits to insure system  security.

(v)   The authority to review management output records to ensure that the criminal justice agency's guaranteed priority agreement is being honored.

 

 

R  28.5207.  Agencies participating in LEIN; change in status. Rescinded.

Rule 207. The Council shall be notified in writing in advance of any proposed changes in the status of an agency participating, or approved for participation, in the LEIN. Continued participation in the LEIN is subject to review of the new status by the Council to determine if all eligibility requirements are met. Changes in status include, but are not limited to, all of the following situations:

(a) A single jurisdiction LEIN user planning to join a regional communications system.

(b) A change in the management structure of a criminal justice computer system or a regional communications system.

(c) A change in the management structure of a noncriminal justice computer system or data center which services criminal justice agencies.

(d)A noncriminal justice computer system or data center planning to discontinue or alter service to a criminal justice agency.

 

 

R 28.5208. LEIN, AFIS, and other information systems; data 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 outlined in R 28.5210 and R 28.5211 R 28.5209, data received through the LEIN 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. shall only be disseminated to . criminal justice agency or an agency that is statutorily authorized to have access to such data.

(2)    Data, either computerized or manually processed, that are received by a user agency through the LEIN shall be used for criminal justice purposes only. This includes data received from any of the following systems:

(a) The LEIN. (b)  The NCIC.

(c) The Michigan department of state.

(d)The national law enforcement telecommunications system.

 

 

(e) Any other agency or system from which information is received and forwarded to a user agency through the LEIN.

(5)     A person shall not access, use, or disclose information from LEIN, AFIS, or other information systems for personal use or gain. The LEIN, or information received through the LEIN, shall not be used for personal reasons.

(6)       A user agency shall not sell or disseminate any information obtained through the LEIN to any individual, group of individuals, organization, governmental agency, or corporation which is not legally authorized to have access to this information. 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.

 

 

R 28.5209. LEIN Audit information; data dissemination.; CJDC release to user agency.

Rule 209. Except as prescribed in subrule (2) of this rule, a user agency's message transactions into, through, or from the LEIN shall not be released by the CJDC to another user agency without the written consent of the administrative head of the agency whose message transactions are being requested.

(12) The CJDC may release a user agency's message transactions to another agency 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 court order. A search warrant or subpoena authorized by a judge.

(c)   A request made under Act No. 442 of the Public Acts of 1976, as amended, being 15.231 et seq. of the Michigan Compiled Laws, and known as the freedom of information act. The CJDC  or  the executive secretary of the Council shall notify the administrative head of a user agency when that agency's message transactions have been released to a private person as a result of a request made under this act. 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.

 

 

R 28.5210. Criminal history record information: user agency dissemination to private person prohibited; request from private person to review information; obtaining information by private person. Rescinded.

Rule 210. (1) A user agency shall not disseminate criminal history record information received through the LEIN to a private person.

(2) A private person, upon request, satisfactory verification of his or her identity by fingerprint comparison,  and  payment  of  any  required  processing  fee, may review the criminal history record

 

 

maintained about him or her in the files of the Central Records Division, Department of State Police, 7150 Harris Drive, Lansing, Michigan  48913.

(3) To obtain criminal history record information, a private person may appear at a user agency and request that his or her fingerprints be taken on an applicant or noncriminal fingerprint card. The user agency shall return the card to the private person who may then forward the fingerprint card and a letter of request to the central records division of the department of state police. The central records division of the department of state police shall search its files and shall mail the criminal history record information and fingerprints to the person making the request.

 

 

R 28.5211. Warrant or stolen property information; receipt of verbal information by a private person; request for written information by a private person. Rescinded.

Rule 211. (1) A private person may receive verbal information as to whether or not a warrant ordering his or her arrest has been issued by a court and entered into either LEIN or NCIC files, if he or she appears in person at a law enforcement user agency and is properly identified.

(2) A private person may receive verbal information as to whether or not a vehicle, a vehicle part, or other stolen property has been entered into either LEIN or NCIC files, if he or she appears at a law enforcement user agency, is properly identified, and satisfactorily explains to the user agency the purpose or need for the information.

(3) If a private person requests a terminal-prepared or other printed or written record of the information, he or she may be referred to the court that issued the warrant or, in the case of a stolen vehicle, vehicle part, or other stolen property, to the user agency that is responsible for the original entry into either the LEIN or NCIC files.

 

 

R  28.5212.  LEIN access; non-terminal user agency. Rescinded.

Rule 212. (1) A user agency that accepts the installation of a LEIN terminal which is either partially or fully funded by state allocated funds shall agree to provide LEIN access to an authorized non-terminal user agency which is assigned to it by the CJDC. When an assignment for service is to be made, the CJDC shall consider all of the following factors:

(a)  Radio frequency compatibility between the involved agencies. (b)  Geographical location of the terminal and non-terminal agencies.

(c)   Ability of the terminal agency to provide normal services to a non-terminal agency based on reasonable requests from the non-terminal agency.

(2) A terminal agency shall provide all of the following services to an authorized non-terminal agency: (a)  Entry, inquiry, modification, or cancellation services for wanted and missing persons records, stolen and wanted vehicles, and stolen property records.

(b) Inquiry service to computerized or manually stored criminal history record information which is maintained in either the Michigan department of state police files or in similar files in other local, state, or federal agencies.

(c) Inquiry service to computerized or manually stored vehicle registration and driver records which are maintained in either the Michigan department of state files or in similar files in other states.

(d)Intrastate and interstate administrative message service.

(e) Any other LEIN services which are or may become available and which are authorized by the Council.

(3) A terminal agency shall not charge a non-terminal agency any fees for LEIN access without the approval of the Council.

 

 

 

 

R 28.5213. LEIN use by user agency authorized to examine applicants for operator and chauffeur licenses. Rescinded.

Rule 213. A user agency that is authorized to conduct examinations of applicants for operator and chauffeur licenses, as prescribed in section 309 of Act No. 300 of the Public Acts of 1949, as amended, being 257.309 of the Michigan Compiled Laws, may use the LEIN to gain access to the secretary of state's driver files for record clearance purposes if such use does not impede or interfere with the ability of the LEIN to adequately serve the needs of the law enforcement community.

 

 

R 28.5214. Criminal history record information; dissemination by radio devices prohibited. Rescinded.  Rule 214. Radio devices, whether digital or voice, shall not be used to transmit criminal history record information beyond

that information which is necessary to effect an immediate identification to insure adequate safety for a law enforcement officer or the general public where such information was originally transmitted over the LEIN to a radio broadcasting device or location.

 

 

PART 3.  TERMINALS AND EQUIPMENT

 

R  28.5301.  LEIN access; terminal or computer system; Council approval. Rescinded.

Rule 301.  A terminal or computer system shall not have direct access to the LEIN without the prior approval of the Council.

 

 

R     28.5302.     Terminal  installation;  application;  changes,  additions,  or  corrections;  processing.

Rescinded.

Rule 302. (1) An application for the installation of a terminal shall be made on a form prescribed by the Council and shall be filed with the executive secretary of the Council. The application shall indicate if the request is for a state-funded or self-pay terminal.

(2) An applicant shall answer all questions on the application

truthfully and shall not misrepresent any material fact on the application.

(3) Changes, additions, or corrections to the original application, including, but not limited to, changes in business address or officers shall be filed with the executive secretary of the Council within 10 days after the changes are made.

(4) When an application for a terminal is received, the executive secretary of the Council shall process the application as follows:

(a) Review for completeness and chronologically number each application received. (b)  Forward a letter to the applicant agency acknowledging receipt of the application.

(c)  Forward a copy of each application to the Council for review and approval or disapproval. (5)  The Council shall review all pending applications not less than 4 times yearly.

 

 

R  28.5303.  State-funded terminal installation application; Council review. Rescinded.

 

 

Rule 303. An application for the installation of a state-funded terminal shall be reviewed by the Council on a comparative basis with other such applications and consideration shall be given to each of the following factors:

(a) The population of the area served by the applicant agency.

(b) The number of patrol units that will be serviced by the terminal if the applicant agency is a law enforcement agency.

(c) The applicant agency's workload requiring LEIN data and services. (d) The number of records entered or to be entered in LEIN and NCIC files.

(e)  The geographical location of the applicant agency. (f)  The current accessibility to the LEIN.

(g)  The compatibility in radio frequencies between the involved agencies. (h)  The emergency needs of the applicant agency.

 

 

R  28.5304.  Self-pay terminal installation application; Council review; approval. Rescinded.

Rule 304.  (1)  An application for the installation of a self-pay terminal shall be individually reviewed by the Council and shall not be compared with pending applications for state-funded terminals.

(2) The Council may approve a terminal installation for a self-pay agency if both of the following criteria are met:

(a) The CJDC has sufficient computer equipment to provide satisfactory LEIN data and service.

(b) Installation does not reduce the ability of the CJDC to furnish adequate service to existing LEIN terminal agencies. Rescinded.

 

 

R  28.5305.  State funding of terminal installations generally. Rescinded.

Rule 305. (1) The Council shall approve the installation of a LEIN terminal, consistent with the availability of state funds, if the applicant agency meets the minimum criteria as established by the Council.

(2) The Council shall periodically review and audit the operation of a LEIN terminal agency and may remove state funding support when the established minimum criteria are not met.

(3) A self-pay agency shall be considered for state funding when new or additional state funds are allocated for LEIN terminals if both of the following criteria are met:

(a) The self-pay agency meets the minimum criteria as established by the Council.

(b) The relative ranking of the self-pay agency in respect to other self-pay agencies warrants removal of the self-pay status.

(4) LEIN terminals that are installed in Michigan department of state facilities shall be state-funded consistent with the availability of state funds.

 

 

R  28.5306.  Federal criminal justice agency; access to LEIN data; criteria. Rescinded.

Rule 306.  A federal criminal justice agency shall be authorized to have direct access to LEIN data if such agency complies with both of the following criteria:

(a)  The agency pays the costs for the terminal, its installation, and related communications links. (b)  The agency executes an agreement with the executive agent, CJDC, and the Council.

 

 

R  28.5307.  State-funded agency; terminal upgrading. Rescinded.

Rule 307. (1) A state-funded agency may upgrade its standard LEIN terminal to a high-speed terminal. The high-speed terminal shall be procured through the CJDC.

(2) The maximum amount of state funds that may be credited toward the upgrading of terminal equipment shall not exceed the average cost of a standard LEIN terminal and its related communication links.

 

 

R  28.5308.  State-funded agency; return of state-funded terminal equipment; credit. Rescinded.

Rule 308. A state-funded agency which upgrades its LEIN data access either through its own or a shared noncriminal justice computer and which returns its state-funded terminal equipment may be credited with either of the following:

(a) The average cost of a standard LEIN terminal and its related communication links. (b)  The line costs to interface the satellite computer system to the LEIN.

 

 

R  28.5309.  CJDC responsibilities to a state-funded agency. Rescinded.

Rule 309.  The CJDC, with respect to a state-funded agency and contingent upon the availability of state funds appropriated for such purposes, shall do all of the following:

(a) Place all orders for the installation, relocation, or removal of terminals, communication links, and other related equipment.

(b) Make all technical service arrangements that are related to the installation, maintenance, relocation, and removal of equipment.

(c) Perform the system analysis, design, and programming which is required at the CJDC. (d)  Provide a standard terminal and related communications equipment.

(e)  Provide the necessary computers and related resources at the CJDC to insure access to the LEIN.

 

R  28.5310.  CJDC responsibilities to a self-pay agency. Rescinded.

Rule 310. (1) The CJDC shall provide a self-pay agency which uses terminal and related communications equipment which is procured through the CJDC with the same access to the LEIN as is provided to a state-funded agency.

(2) If a self-pay agency elects to obtain its own equipment which is not identical to equipment offered through the CJDC, the CJDC responsibilities shall be limited to all of the following:

(a) Providing technical information as to the communications disciplines and message structures which are required for successful interface to the LEIN.

(b) Providing access to the LEIN in the same manner and format as is provided to a state-funded user agency.

(c) Placing orders for the installation, relocation, or removal of communications lines and other related communications equipment.

(d)Performing required programming at the CJDC which is identical to that provided to state-funded participant agencies.

(e) Providing the necessary computers and related equipment at the CJDC to insure access to LEIN data and services.

(f)Providing reference manuals, publications, and bulletins in the identical language and formats are furnished to a state-funded agency.

 

 

(g) Correcting those problems which are determined to be related to the CJDC or to related communication links. The CJDC is not responsible for the correction of any problem that is associated with the user agency's equipment.

(3) The CJDC shall not provide training to user agencies in the operation of equipment which differs from equipment procured through the CJDC.

 

 

R  28.5311.  Self-pay user agency; responsibilities. Rescinded.

Rule 311.   (1)   A self-pay user agency is responsible for the procurement of, and payment for, all consumable supplies which are required for the terminal or computer, or both.

(2) A self-pay agency which uses equipment that is not identical to equipment offered through the CJDC is responsible for all of the following:

(a) Compliance with the data transmission rates and communication disciplines established by the CJDC.

(b) Payment of the cost of the communication line link to the CJDC.

(c) Payment of the cost of connecting the communication line to the transmission control unit at the CJDC.

(d)Providing for the training of personnel in the use of terminal equipment.

(e) Insuring that the user agency's system will provide access to all authorized data as performed on state-funded terminals.

(f)Payment of the costs for reprogramming or equipment modifications, or both, which become necessary as a result of changes made at the CJDC.

 

 

R   28.5312.   Non-law enforcement criminal justice agency; terminal installation; criteria for Council approval. Rescinded.

Rule 312.   The installation of a terminal in a non-law enforcement criminal justice agency shall be approved by the Council if all of the following criteria are met:

(a)  The applicant agency pays the installation, terminal leasing, and communication equipment costs. (b)   The installation does not reduce the ability of the LEIN to provide satisfactory service to law enforcement agencies.

(c)  The applicant agency executes an agreement with the executive agent, CJDC, and the Council.

 

 

R 28.5313. Emergency terminal installation. Rescinded.

Rule 313.  (1)  The commanding officer of the operations division of the Michigan state police or the director of the CJDC may order the installation of a terminal under emergency circumstances.

(2) If a terminal is installed for emergency purposes, the chairman of the LEIN Council shall be immediately notified by the CJDC.

(3) The emergency installation of a terminal is subject to the subsequent review and approval of the Council.

 

 

R  28.5314.  Convenience terminals; payment of installation costs. Rescinded.

Rule 314.  All costs associated with the installation of a convenience terminal, including the costs for leasing a terminal and the communications link, shall be paid by the applicant agency.

 

 

 

R 28.5315. Microwave data links; interface to LEIN; serviced terminals; Council approval. Rescinded.  Rule 315. (1) Each microwave data link system interface to the LEIN shall be approved by the Council. (2) A terminal that is serviced through the microwave data link system shall be approved by the Council.

 

 

R  28.5316.  State microwave link to LEIN; written request; criteria for approval. Rescinded.

Rule 316.  (1)  A user agency that wishes to have direct access to the LEIN through a state microwave link shall submit a written request to the Council which shall include all of the following information: (a)  Details of the agency plan for use of the microwave link.

(b) The type of terminal, computer, and other related equipment which the agency plans to use.

(c) Information as to whether the interface request is for state funding support or is on a self-pay basis. (2)  The Council may approve a request from an agency for a microwave interface to the LEIN if all of the following criteria are met:

(a) The applicant agency is geographically located within the area that is serviced by existing state microwave equipment.

(b) A channel on the state microwave system is available for use by the applicant agency.

(c) The communications division of the department of state police approves the use of the channel for LEIN data transmission.

(d)The agency workload justifies the microwave interface.

 

 

R  28.5317.  Installation of mobile terminal having access to LEIN; Council approval. Rescinded.

Rule 317.  (1)  The installation of a mobile terminal having access to the LEIN shall be subject to the approval of the Council.

(2) The applicant agency that requests approval shall notify the Council in writing and shall provide all of the following information:

(a) The fact that a mobile terminal system is planned. (b)  The type of mobile terminal.

(c) The number of mobile terminals planned for installation. (d) The date or dates of installation.

(3) The agency shall insure that all mobile terminals are secure from use by unauthorized personnel.

 

 

R  28.5318.  Terminal environment; location and security. Rescinded.

Rule 318.  All of the following constraints that pertain to terminal environment, location, and security shall be binding on a terminal agency:

(a) The terminal shall be located in a safe, clean, and dry environment.

(b) Each user agency shall provide electric service and controlled temperature and humidity levels specified by the terminal manufacturer.

(c) In a law enforcement agency, the principal terminal shall be located within, or adjacent to, the communications equipment control console to insure continuous monitoring of the printer or terminal screen, or both.

(d)The terminal shall be placed in a secure location which is under the direct control and supervision of authorized personnel of the user agency.  The terminal shall be inaccessible to the public or to other

 

 

persons who are not qualified or authorized to operate, view, or possess data transmitted or received by the LEIN.

 

 

R 28.5319. State-funded terminal agency; termination of LEIN access through a satellite computer system; application for LEIN terminal. Rescinded.

Rule 319. A state-funded terminal agency which elects to have access to the LEIN through a satellite computer system, which returns its state-funded terminal to the CJDC, and which subsequently terminates its LEIN access through the satellite system may apply for a LEIN terminal by submitting an application as prescribed in R 28.5302.

 

 

PART 4.  RECORDS

 

R  28.5401.  Records responsibility. generally.

Rule 401. (1) An user agency is responsible for the accuracy and completeness of any record it enters into the LEIN, AFIS, CJIS and NCIC, and other information systems files. 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.

 

 

R 28.5402. Law enforcement user agency; entry of wanted persons and stolen vehicle and property records 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. A law enforcement user agency shall enter, into either the LEIN or NCIC files, the records of all persons wanted by the agency and all vehicles or other property stolen in the agency's primary police jurisdiction.

(2) The entry shall be made as soon as possible after the investigating department either ascertains that a vehicle or other property is stolen or obtains a warrant for an individual's arrest.  In no case shall this

 

 

time be more than 12 hours after the user agency determines that it has grounds to believe that a vehicle or other property is stolen or that a wanted person should be taken into custody.

(23)     All record entries shall be made pursuant to the procedures and codes published in the LEIN operations manual and the NCIC operating manual provided by the department.

(3)  Courts may enter records with mutual agreement of all agencies involved.

 

 

R  28.5403.  Terminal agency; continuous terminal operation required; Council waiver. Rescinded.  Rule 403.  (1)  A terminal agency that enters records into either the LEIN or NCIC files shall insure that its terminal is operated on a 24-hours-per-day, 7-days-a-week basis by competent, trained operators.

(2) The Council may waive the requirement of operating a terminal on a 24-hours-per-day, 7-days-a- week basis, if an acceptable alternative is available to insure that the agency's record can be immediately confirmed.

 

 

R  28.5404.  Record and broadcast message cancellation; CJDC record removal.

Rule 404. (1)  An user agency shall promptly cancel a record from both the LEIN and NCIC files when a wanted person is arrested or returned, property is recovered, or in any other circumstance where the record is no longer valid.

(2)       An user 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 insure 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 The CJDC, with the approval of the Council, may remove a record from the LEIN or NCIC file if a substantial question exists concerning the record's validity or accuracy. Immediately upon the removal of any record, the CJDC CSO shall notify the entering agency of the action taken.

 

 

R  28.5405.  Record inquiry; confirmation of validity. Rescinded.

Rule 405. (1) If, following an inquiry, a positive response is received from the LEIN or NCIC which indicates that a person is wanted or that property is stolen, the inquiring agency shall immediately confirm the validity of the record with the entering agency.

(2) If technically possible, an inquiry which is directed to the entering agency and which requests record confirmation shall be by means of a terminal-transmitted message. A response to such an inquiry shall be returned by means of a terminal message.

(3) A user agency shall respond promptly to an inquiry from another authorized agency which is relative to the validity and currentness of both its LEIN and NCIC record entries.

 

 

R 28.5406. Positive response to inquiry; retention of computer printout. Rescinded.

Rule 406. (1) If an operational computer inquiry concerning an individual or property results in a valid, positive response, the original copy of the terminal-produced printout which shows the record on file in either the LEIN or NCIC shall be retained for use in documenting probable cause for the detention of a missing person, the arrest of a wanted person, or the seizure of property.

(2) The printout shall be retained for as long as the possibility exists that a person will challenge an arrest, search, or any other law enforcement action taken, based on information contained  in  the printout.

 

 

 

 

R  28.5407.  Active records file; maintenance. Rescinded.

Rule 407. A user agency shall maintain complete and accurate files of all active records which are entered into the LEIN or NCIC, or both, and shall insure that the files are readily accessible to the terminal operator or to any other person who is responsible for confirming the validity of records upon inquiry.

 

 

R  28.5408.  Regional communications systems; maintenance of active records file. Rescinded.

Rule 408. (1) A regional communications system that is authorized to enter records into the LEIN files or NCIC files, or both, for multiple member agencies shall maintain separate, active records for each agency serviced.

(2) If a member agency that participates in a regional communications system has access to the LEIN via another terminal located within its own department in addition to the terminals or terminals at the regional communications system, the member agency shall select 1 location, either the agency location or the communications center, that shall enter and maintain the records of that agency.

 

 

R 28.5409. LEIN record validation programs; records listing; data comparison; cancellation or removal of inaccurate or invalid records; written certification of record's accuracy and validity; retention of current validation listing; failure to comply with validation and certification requirements; validation time extension. Rescinded.

Rule 409. (1) A LEIN user agency that enters records into the LEIN and NCIC files shall participate in the LEIN record validation programs.

(2) The CJDC shall periodically prepare a listing of each record entered into the LEIN and NCIC files and shall forward the listing to the responsible agency. The responsible agency shall do all of the following:

(a) Compare the data in each record that appears in the listing with the information in its record case files to verify that the data is valid and accurate.

(b) If possible, determine from the complainant or court if the record information is still current and valid.

(c) Take the necessary steps to immediately cancel or remove a record from the LEIN which is determined to be inaccurate or invalid. A non-terminal agency shall insure that when a record is no longer valid it is promptly cancelled by the agency's servicing terminal.

(d)Within 45 days of the receipt of the listing, have the agency head or his or her designated representative provide written certification on forms provided by the CJDC, that the records which appear on the listing are accurate and valid. The completed form shall be returned to the CJDC within the prescribed period.

(e) Retain the most current copy of each validation listing until the next listing is received from the CJDC.

(3) A user agency that fails to comply with the validation and certification requirements within the prescribed time period shall have its records removed from the LEIN and NCIC files.

(4) A user agency that requires more than 45 days to validate its records shall submit a written request to the Council for a reasonable time extension. The Council chairman or the executive secretary of the Council shall grant such extensions when warranted.

 

 

 

R  28.5410.  Records retention periods. Rescinded.

Rule 410.  A record shall be automatically purged from the computerized files of the LEIN or NCIC, or both, when the maximum retention period, as indicated in the following, has been exceeded:

(a) An unrecovered stolen vehicle record that does not include a vehicle identification number shall be retained for 90 days after entry.

(b) An unrecovered felony vehicle record shall be retained for 90 days after entry.

(c) An unrecovered stolen vehicle record that contains a vehicle identification number and a stolen vehicle part record shall be retained for the year of entry plus 4 years.

(d)An unrecovered stolen license plate record, whether or not associated with a stolen vehicle, shall be retained for 90 days after the license plate has expired.

(e) A non-expiring license plate record shall be retained for the year of entry plus 4 years.

(f)An unrecovered stolen or missing gun record shall be retained indefinitely or until action is taken by the originating agency to cancel it.

(g) A recovered gun record shall be retained for the year of entry plus 2 years.

(h) An unrecovered stolen, embezzled, counterfeited, or missing securities record, other than a traveler's check or a money order, shall be retained for the year of entry plus 4 years.

(i) A stolen or missing traveler's check or money order record shall be retained for the year of entry plus 2 years.

(j) An unrecovered stolen boat record shall be retained for the year of entry plus 4 years. (k)  An unrecovered stolen article record shall be retained for the year of entry plus 1 year. (l)  A warrant record shall be retained indefinitely unless cancelled by the entering agency.

(m) A felony record that is entered before the issuance of a warrant by a court shall be retained for 48 hours from the time of entry.

(n) A missing person record, other than a juvenile missing person record, shall be retained indefinitely. (o) A juvenile missing person record shall be retained until the juvenile has reached the age of 17 years.

 

 

R 28.5411. Out-of-state license plate data; purge procedures. Rescinded.

Rule 411. Out-of-state license plate information that is included on a LEIN wanted or missing person or vehicle record entry shall be purged in accordance with either of the following:

(a) One year after the license plate has expired.

(b) When requested by the state of registry, either directly or through NCIC.

 

 

R 28.5412. Wanted person record entry into NCIC; extradition rules. Rescinded.

Rule 412. (1) Before entering a wanted person record into the NCIC files, the user agency shall, to the maximum extent possible, determine if extradition will be authorized by the prosecuting attorney if the wanted individual is located in another state.

(2) If an agency is certain that a wanted person will not be extradited, the record shall not be entered into the NCIC.

(3) If a prosecuting attorney establishes limits on extradition to within a certain distance or from certain states, the limitations shall be defined and included when the record is entered into the NCIC files.

(4) In some instances extradition cannot be forecast at the time a wanted person record is entered in the NCIC files. When it is determined that the person will not be extradited, the record shall be immediately cancelled from the NCIC files.

 

 

 

R  28.5413.  Parking violation arrest warrants; entry and inquiry provisions. Rescinded.

Rule 413. (1) An arrest warrant that is issued by a court for violation of a parking statute or ordinance may be entered into the LEIN files if the violator was either personally served with the citation or has received 25 or more parking citations.

(2) A user agency shall not use the LEIN between the hours of 8 a.m. and 3 a.m. the following day for the purpose of obtaining vehicle registration information to record on a parking violation citation.

 

 

R 28.5414. Warrants or orders for arrest of a member of the military forces charged with desertion or absence without leave; entry into LEIN prohibited. Fees for access to LEIN services.

Rule 414. A warrant or any other order which is issued by a branch of the United States military services and which directs the arrest of a member of the military forces who is charged with desertion or absence without authorized leave, AWOL, shall not be entered into the LEIN computer files. It is the responsibility of the military service concerned to enter such warrants or orders into the NCIC computer files through terminals designated for this purpose.specific federal

(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.