Mich. Admin. Code R. 28.5208

Current through Vol. 24-19, November 1, 2024

Section R. 28.5208 - CJIS and CJI access and dissemination

Rule 208.

(1) Agencies that access CJIS and CJI shall comply with these rules.

(2) CJIS and CJI must only be accessed and used for the following purposes:

(a) The administration of criminal justice or official law enforcement purposes.

(b) For purposes consistent with the registration and regulation of vehicles, the licensing of drivers, and the REAL ID Act of 2005, Public Law 109-13, as authorized by law.

(c) For purposes consistent with the enforcement of child support laws, child protection laws, or vulnerable adult protection laws, as authorized by law.

(d) For any other purposes if, and to the extent, authorized by law.

(3) Except as permitted in these rules or if authorized by statute, CJI must not be disseminated to an unauthorized agency, entity, or person, unless any of the following apply and a printout produced from LEIN or NCIC is not provided:

(a) A criminal justice agency may communicate CJI to an individual or his or her legal representative regarding an active warrant, personal protection order, conditional bond order, or probation order pertaining to that individual, if the individual is identified to the satisfaction of the criminal justice agency.

(b) A criminal justice agency may communicate CJI to an individual or his or her legal representative regarding an active order or disposition entered under section 464a of the mental health code, 1974 PA 258, MCL 330.1464a, for involuntary hospitalization or treatment, or under section 5107 of the estates and protected individuals code, 1998 PA 386, MCL 700.5107, for legal incapacitation, if the individual or his or her legal representative appears in-person and has been identified to the satisfaction of the criminal justice agency.

(c) For the purpose of resolving outstanding warrants, a criminal justice agency may communicate warrant information, excluding PII, to an individual when a warrant from any jurisdiction is active in either LEIN or NCIC regarding an individual that is under the jurisdiction or supervision of that criminal justice agency.

(4) Subject to subrule (5) of this rule, a person shall not access or disseminate CJI for personal use or gain.

(5) In the absence of a criminal justice purpose a criminal justice agency may only confirm to an individual whether an active warrant, a missing person, or report of stolen property exists in LEIN or NCIC from any jurisdiction if all of the following conditions are met:

(a) The person or property being queried has been identified to the satisfaction of the criminal justice agency.

(b) A printout produced from LEIN or NCIC is not provided.

(c) A request for information in bulk is not processed.

(6) A criminal justice agency may charge a nominal fee for information provided under subrule (5) of this rule.

(7) A court may disseminate CJI to the extent necessary for the creation and maintenance of a court record, as defined by MCR 1.109 and 8.119. Any further dissemination of CJI that is, or is part of, a court record must be otherwise authorized by law or these rules.

(8) Images and associated name, sex, and age obtained from SNAP may be publicly disseminated by a federal, state, or local governmental agency for an official law enforcement purpose or as necessary to comply with a law of this state or of the United States.

(9) Statistical information obtained from CJIS may be released by the department to any individual or public or private entity upon approval by the CSO, whether or not for a purpose otherwise expressed in these rules. Statistical information must not contain PII or identifying information of any property.

Mich. Admin. Code R. 28.5208

1981 AACS; 2009 AACS; 2021 MR 5, Eff. 3/19/2021