NONCRIMINAL JUSTICE AGENCY USE OF CRIMINAL JUSTICE INFORMATION

1. NONCRIMINALJUSTICE AGENCY USE OF CRIMINAL JUSTICE INFORMATION PRESENTED BY: MICHIGAN STATE POLICE CRIMINAL JUSTICE INFORMATION CENTER AUDIT AND TRAINING SECTION “A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY”

2. Audit and Training Section Team MSP, Audit and Training Section (ATS) Staff Members Wade Dakin, Manager Louanna Hovorka, Analyst Narcisa Morris, Analyst

3. Who’s who…(1 of 2) The FBI Criminal Justice Information Services (CJIS) Division is our nation’s central records management for the information system assisting state’s law enforcement, governmental, public, and private entities sharing information for criminal justice and noncriminal justice purposes. The FBI designates one criminal justice agency on the CJIS network as the CJIS Systems Agency (CSA). the Department of Michigan State Police (MSP) serves as the CSA for the State of Michigan. The CSA is duly authorized to oversee the security management of all Criminal Justice Information (CJI) exchanges within its state and is responsible for setting, maintaining, enforcing and reporting compliance to the FBI CJIS Division for such exchanges.

4. Who’s Who…(2 of 2) • The Noncriminal Justice Agencies (NCJA’s) request and receive fingerprint based criminal history record Information (CHRI-a subset of CJI) background checks on individuals permissible by law for the purpose of licensing and employment • Ultimately making the NCJA the next responsible records management entity, sharing in the responsibilities of required security management controls for such exchanges and meeting these minimum standards discussed today.

5. NCJA Audits(2 of 2) • Audits provide a framework for policies and procedures to protect CJI confidentiality, security, and integrity; making compliance reviews necessary. • FBI CJIS conducts a triennially audit of each State on the use of CJI, including criminal history record information (CHRI-a subset of CJI). • FBI CJIS triennially audits will include their own randomly selected audit of NCJA’s. • Title 42 U.S.C., Chapter 140, Subchapter II, 14616; 28 CFR Part 901 § 4, requires MSP ATS to complete audits on all NCJA’s in the State of Michigan with access to CJI/CHRI.

6. STATUTORY REQUIREMENTS The following are federal and state legislation and policy authorizing fingerprint based CHRI background checks for licensing or employment determinations. • School Employment (SE); MCL 380.1230a, The Revised School Code • FBI CJIS Security Policy • National Child Protection Act Employment (CPE) & Child Protection Volunteer (CPV); 42 USC 5119 § 320928 & National Child Protection Act, including volunteers • The Adam Walsh Act (AWA), where applicable

7. Formal Audits(2 of 4) ATS Audit Criteria • Supporting documentation for fingerprint reason code used by the agency. • Documentation that indicates CHRI responses requested are for an authorized purpose as stated in state and federal laws. • Consent form for fingerprinting • Applicant signature • Date of consent

8. LIVESCAN FINGERPRINT REQUEST FORM RI-030 Consent Form http://www.michigan.gov/documents/msp/ri 030_347358_7.doc

9. Formal Audits(3 of 4) ATS Audit Criteria • CHRI • Date CHRI received * CHRI responses received for unknown persons are to be handled in the following manner and made available upon request: • Date received • CHRI date requested was completed • TCN • Individual Name • Agency Personnel (operator) • Date CHRI was destroyed • Destroyed by (operator) • Method of destruction

10. Formal Audits(3 of 4) ATS Audit Criteria • Random fingerprint submission sample • Documentation comparison of requested transactions by the agency against the report or requested agency transactions over the previous 365 days (provided ahead by MSP auditors).

11. Formal Audits (4 of 4) • Reviewing: • Supporting Documentations • User Agreements • Local Agency Security Officer (LASO) • Personnel Security • Media Protection • Controlled Area • Standard Authentication • Secondary Dissemination • Audit Record Retention • Incident Response • Security Awareness Training

12. Request Copy of CHRI CHRI is only sent to the original requestor. If responses are not received agencies may make a request for responses from original print submission in the following manner: • After two weeks of original print submission request must be made by e-mail: msp-crd-applhelp@michigan.gov • After three months of original print submission request must be made by U.S. mail accompanied by a $15.00 processing fee. Michigan State Police CJIC – Applicant Help P O Box 30634 Lansing, MI 48909 • After six months of original print submission NO request must be made. The process starts again with a new set of fingerprints and associated processing fees.

13. CHRI Questions • Out of state CHRI questions must be directed to that state of record. • If you have Michigan CHRI questions please refer to: • www.michigan.gov/ichat Tutorial – “How to read a criminal history (CH)” • msp-crd-applhelp@michigan.gov Applicant help desk • If you need assistance or have questions about ICHAT please refer to: • ICHAT help desk phone number, (517) 241-0713 • ICHAT help desk,msp-crd-ichathelp@michigan.gov

14. Other Useful Sites • MSP Security Awareness Training • http://www.michigan.gov/lein • Security and Management Control Outsource Standards for Non-Channelers • http://www.fbi.gov/about-us/cjis/cc/library/11032010_nonchanneler_os.pdf • ICHAT – Internet Criminal History Access Tool (Michigan name check histories only) • www.michigan.gov/ichat • PSOR – Public Sex Offender Registry (Michigan) • www.mipsor.state.mi.us • OTIS – Offender Tracking Information System • www.state.mi.us/mdoc/asp.otis2.html

15. NCJA Compliance Audit Information Sheet

16. NCJA LASO Appointment

17. NCJA INCIDENT REPORTING FORM

18. NCJA User Agreement,RI-087 (8/2001) http://www.michigan.gov/documents/msp/ri-087_362104_7.doc

19. THANK YOU !!!!! For your time and attention – we look forward to working with you in the near future…