Agency Report to JCAR-Page 2
The rules codify requirements for access, use, and disclosure of information in criminal justice
information systems, including the law enforcement information network (LEIN), the automated
fingerprint information system (AFIS), and other information systems related to criminal justice or
law enforcement.
The rules were last updated in June 2009. Various revisions are necessary to clarify when and under
what circumstances criminal justice information systems and the information within those systems
may be accessed, disseminated, and entered or removed in light of changes in federal and state law
and standards since the rules' last revision.
The MSP has identified certain definitions contained in R 28.5101 as being too broad, thereby
creating confusion in determining what systems and what information are subject to these rules.
Among other definitional revisions, the following definitions will be revised or deleted: “criminal
justice information,” “criminal justice information systems,” and “other information systems.”
The requirement that all agencies or entities having access to LEIN pay an annual fee is contained in
R 28.5414; however, there is no longer a necessity to fund LEIN through annual user fees because the
Legislature has been providing funding for LEIN in the MSP's annual appropriation.
4. Summary of proposed rules:
The proposed rules are changes to existing rules, drafted to clarify the requirements for access, use,
and disclosure of information in criminal justice information systems in light of changes to federal
and state law and standards since the last revision of the rules, to revise certain definitions to avoid
confusion in determining which systems and information are subject to the rules, and to remove the
requirement for certain fees.
5. List names of newspapers in which the notice of public hearing was published and
publication dates:
The Mining Journal (Published November 2, 2020)
The Grand Rapids Press (Published November 5, 2020)
The Flint Journal (Published November 6, 2020)
6. Date of publication of rules and notice of public hearing in Michigan Register:
11/15/2020
7. Date, time, and location of public hearing:
11/19/2020 01:00 PM at Michigan State Police Headquarters, Centennial Room, and via TEAMS. ,
2020PublicHearing)
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit
analysis on its website:
9. List of the name and title of agency representative(s) attending public hearing:
MCL 24.242 and 24.245
