Mich. Admin. Code 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.
Notes
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