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
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.
8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
The CJIS Policy Council is provided rulemaking authority under MCL 28.214. The CJIS Policy
Council was abolished and its duties transferred to the MSP under EO 2008-17.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
MCL 28.214; EO 2008-17 (Executive Reorganization Order No. 2008-2, MCL 28.162).
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
Yes, under MCL 28.214, the CJIS Policy Council (i.e., the MSP) shall "promulgate rules
governing access, use, and disclosure of information in criminal justice information systems" that
address all subjects listed in the statute.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
Due to the fact the state maintains its own criminal justice information systems, the MSP is
required to promulgate rules regarding access and dissemination under MCL 28.214. Many of the
rules also pertain to record responsibility and data quality. While several rules are duplicates of
federal policy and/or regulation, duplication of certain rules are and will remain necessary to
provide guidance to agencies that access LEIN but do not qualify for access to the federal systems,
and because federal policy and regulation purposely leaves many decisions to the individual state.
The definition of “criminal justice information” in rule R 28.5101 is in conflict with the federal
definition of “criminal justice information.” The state definition is overly broad to include all
information collected by an agency. The current rules restrict access to LEIN, AFIS, and other
information systems, not to “criminal justice information.” The federal definition only applies to
and protects information received from federal systems. The changes are intended to revise the
rules to work in conjunction with the federal policy.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?