Criminal History Overview. Law Enforcement Records Management Association 2016 Meeting

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1 Law Enforcement Records Management Association 2016 Meeting

2 Michigan State Police Criminal History Section OUR GOAL Build, Maintain, and Disseminate Accurate, Timely, and Complete Criminal History Records

3 Criminal History Section The MSP Criminal History Section has been recognized by the Federal Bureau of Investigation (FBI) as the most complete of all fingerprintbased state criminal history repositories. A Michigan Criminal History Record (CHR) is a list of arrests, charges, and court dispositions reported to the Michigan State Police. Also called a Rapsheet or a Computerized Criminal History (CCH). MSP was established in statute as the central CHR repository for the State of Michigan in 1927.

4 MCL Establishes the Michigan State Police (MSP) as the central Criminal History Record (CHR) repository for the State of Michigan. The department of state police is responsible for criminal and juvenile identification and records. The department shall be supplied with the necessary apparatus and materials for collecting, filing, and preserving criminal and juvenile records filed with the department.

5 MCL a Gives Criminal History Record Information (CHRI) legal definitions, specifically: Arrest Card Biometric Data Commanding Officer Director of the MSP. CHRI Department in the CHR statutes, this refers to the MSP. Felony. Juvenile History Record Information Law Enforcement Agency Misdemeanor

6 MCL Outlines the duties of the MSP in regards to serving as the CHR repository, including establishing the means and methods of reporting. The commanding officer shall procure and file for purposes of criminal identification criminal history record information on all persons arrested within this state of either a felony or a misdemeanor, or criminal contempt under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL and a, or criminal contempt for a violation of a foreign protection order. The commanding officer shall procure and file for purposes of juvenile identification juvenile history record information on all juveniles who have been adjudicated to have committed a juvenile offense within this state.

7 MCL a Outlines the CHR dissemination requirements, including: Requires the release of all CHRI supported by fingerprints, including open cases. Does not allow dissemination of cases closed without convictions to the public. States juvenile history records will go out via LEIN and fingerprint-based background checks but not ICHAT. All criminal history record information that is associated with a state identification [SID] number and is supported by biometric data shall be disseminated.

8 MCL , Par. 1 Requires collection of biometric data by the arresting law enforcement agency (using means and methods established by the MSP). Fingerprinting is required within 72 hours after the arrest for both criminal and juvenile: Felonies. Misdemeanors 93 days confinement and above. Arrests that require DNA collection. Criminal contempt for violations of personal protection or foreign protection orders.

9 MCL , Par. 2 Establishes that local ordinance violations that substantially correspond to a state criminal offense that requires submission of biometric data also requires the submission of biometric data. Also establishes that if biometric data has not yet been taken and submitted at the time of conviction for any mandatory-reporting offense that biometric data should be submitted at that time.

10 MCL , Par. 3 Allows that for arrests for violations of Driving While License Suspended (1st offense) the collection of biometric data is not mandatory. This section does not prohibit the submission of fingerprints for DWLS 1 st offense; it just makes it optional. A person's biometric data are not required to be collected and forwarded to the department under subsection (1) or (2) solely because he or she has been arrested for violating section 904(3)(a) of the Michigan vehicle code, 1949 PA 300, MCL , or a local ordinance substantially corresponding to section 904(3)(a) of the Michigan vehicle code, 1949 PA 300, MCL

11 MCL , Par. 4 Allows for the submission of biometric data for the purposes of identity verification. The arresting law enforcement agency may collect the biometric data of a person who is arrested for a misdemeanor punishable by imprisonment for not more than 92 days or a fine of not more than $1,000.00, or both, and who fails to produce satisfactory evidence of identification as required by section 1 of 1961 PA 44, MCL These biometric data shall be forwarded to the department immediately. Upon completion of the identification process by the department, the biometric data shall be destroyed.

12 MCL , Par. 5 Allows for the submission of biometric data for misdemeanor arrests other than those described in paragraphs 1 and 2. This means that law enforcement agencies may print for less than 93 day misdemeanors at their discretion. An arresting law enforcement agency in this state may collect the person's biometric data upon an arrest for a misdemeanor other than a misdemeanor described in subsection (1), (2), or (4), and may forward the biometric data to the department.

13 MCL , Par. 6 Requires law enforcement agencies to comply with court orders for the collection and submission of arrest biometric data. If a court orders the collection of a person's biometric data under section 11 or 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.11 and 712A.18, or section 29 of chapter IV or section 1 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL and 769.1, the law enforcement agency shall forward the biometric data and arrest card to the department.

14 MCL , Par. 7 Requires arresting agencies to notify MSP that charges were not authorized for an offense for which the agency had submitted biometric data and requires MSP to destroy the CHRI and biometric data for that case. If a person arrested for having committed an offense for which biometric data were collected under this section is released without a charge made against him or her, the official taking or holding the person's biometric data and arrest card shall immediately destroy the biometric data and arrest card. The law enforcement agency shall notify the department that a charge was not made or that a criminal contempt proceeding was not brought against the arrested person if the juvenile's or arrested person's arrest card was forwarded to the department.

15 MCL , Par. 8 Requires courts to notify MSP of acquittals for offenses for which biometric data had been submitted and requires MSP to destroy the CHRI and biometric data for that case. If an accused is found not guilty of an offense for which biometric data were collected under this section, upon final disposition of the charge against the accused or juvenile, the biometric data and arrest card shall be destroyed by the official holding those items and the clerk of the court entering the disposition shall notify the department of any finding of not guilty or nolle prosequi, if it appears that the biometric data of the accused were initially collected under this section.

16 MCL , Par. 9 Requires courts to notify MSP of the disposition of all cases for which biometric data had been submitted; if a sentence had been imposed the courts shall transmit a sentence summary including any probationary term, terms of imprisonment, all monetary assessment, and any modification of sentence. This also includes any case given deferred probation under HYTA, 7411, Spouse Abuse Act, Drug Treatment Courts, Veterans Courts, Mental Health Courts, Parental Kidnapping, Minor in Possession, Practicing Under the Influence, or Human Trafficking Victim.

17 MCL , Par. 10 Requires MSP to inform the FBI of the disposition of any case for which biometric data had been forwarded to the FBI. The department shall record the disposition of each charge and shall inform the director of the federal bureau of investigation of the final disposition of any arrest or offense for which a person's biometric data were collected under this section or section 16a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL a.

18 MCL , Par. 11 Requires MSP to notify the arresting agency and prosecutor when any arrest biometric data submitted matches a previous CHR. This is done via the Live Scan response through LEIN. The department shall compare the biometric data received with those already on file and if the department finds that the person arrested has a criminal record, the department shall immediately inform the arresting agency and prosecuting attorney of this fact.

19 MCL , Par. 12 States that the destruction of biometric data and CHRI under Par. 8 does not apply to persons arraigned for the commission or attempted commission of a crime with or against a child under 16 years of age; rape; criminal sexual conduct in any degree; sodomy; gross indecency; indecent liberties; child abusive commercial activities; or for persons who have prior convictions other than misdemeanor traffic offenses. The last exemption (persons with prior convictions other than misdemeanor traffic offenses) does not apply when the court of record orders the destruction of the biometric data and arrest card.

20 MCL , Par. 13 Prohibits the submission of biometric data and CHRI for arrests or convictions of violations of the Michigan vehicle code for which the maximum punishment is 92 days or less imprisonment. Subsection (5) does not permit the forwarding to the department of the biometric data of a person accused and convicted under the Michigan vehicle code, 1949 PA 300, MCL to , or a local ordinance substantially corresponding to a provision of that act, unless the offense is punishable upon conviction by imprisonment for more than 92 days or is an offense that is punishable by imprisonment for more than 92 days upon a subsequent conviction.

21 MCL a Establishes that a person who refuses to allow or resists the collection of their biometric data is guilty of a 90 day misdemeanor. (1) A person shall not refuse to allow or resist the collection of his or her biometric data if authorized or required under this act. (2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by a fine of not more than $500.00, or both.

22 MCL a Establishes the authority for MSP to conduct criminal history quality assurance audits. (1) The commanding officer may perform random performance audits of the criminal and juvenile history record information required under this act. (2) If the commanding officer finds during a performance audit that criminal or juvenile history record information is not being supplied as required under this act, the commanding officer shall report this fact to the attorney general.

23 MCL Establishes that an officer or official who neglects or refuses to comply with the CHR and biometric data reporting requirements is guilty of a 60 day misdemeanor. Neglect or refusal of any of the officers or officials mentioned in sections 2, 3, and 7 to report as required under this act or to perform any other act required to be performed by him or her under this act shall constitute a misdemeanor, punishable by a fine of not less than $25.00 nor more than $100.00, or by imprisonment for not more than 60 days, or both. Such neglect or refusal shall also constitute nonfeasance in office and subject the official or officer to removal from office.

24 MCL Allows the use of noncriminal biometric data for criminal identification purposes. This means that applicant fingerprint data can be used for both identification prints and criminal investigation prints. Biometric data obtained under a law or rule for noncriminal identification purposes may be used for criminal identification purposes unless prohibited by law or rule.

25 MCL 712A.18 Confirms that the requirements for juvenile history reporting outlined in MCL do in fact apply to courts with jurisdiction over juvenile cases. (10) The court shall not enter an order of disposition for a juvenile offense until the court has examined the court file and has determined that the juvenile's fingerprints have been taken. (11) Upon final disposition the clerk of the court shall immediately advise the department of state police of that final disposition. The report to the department of state police shall include information as to the finding of the judge or jury and a summary of the disposition or sentence imposed.

26 MCL a Establishes the CHR reporting requirements for courts. This includes the requirement that courts shall order the submission of biometric data for all mandatory-reporting offenses for which biometric data has not yet been submitted to MSP. (5) As part of the sentence for a conviction of an offense described in this section, if fingerprints have not already been taken, the court shall order that the fingerprints of the person convicted be taken and forwarded to the department of state police.

27 Additional Laws MCL establishes Deferred Minor in Possession Probation. There are two set-aside statutes: MCL 712A.18e (Juvenile Set-Aside) MCL (Conviction Set-Aside) The set-aside and deferred MIP probation cases are NOT available to law enforcement, except for hiring purposes. All other deferred probation categories ARE available to law enforcement.

28 Additional Laws (continued) There are nine other deferred probation statutes: MCL (Deferred 7411 Probation) MCL (Deferred Drug Treatment Court Probation) MCL (Deferred Mental Health Court Probation) MCL (Deferred Veterans Court Probation) MCL (Deferred Practicing Under the Influence Probation) MCL a (Deferred Parental Kidnapping Probation) MCL c (Deferred Human Trafficking Victim Probation) MCL (Deferred Holmes Youthful Trainee Act Probation) MCL 769.4a (Deferred Spouse Abuse Probation)

29 Michigan Criminal History Michigan is one of only six states in the country that is 100% fingerprint-based for its CHR system. CHR records are permanent and do not go away after seven years like driving records. Records are removed from the CHR system in three ways: Person on system reaches age 105 MSP is supplied a death certificate for the person. Records are expunged by court order or statute.

30 One Person, One SID The first time a person has retainable fingerprints that are submitted to the MSP AFIS and CHR databases, the person will be assigned a State Identification (SID) Number, regardless of whether the prints are juvenile, criminal, or applicant. All future juvenile, criminal, or applicant fingerprints submitted to the MSP for that person are matched by AFIS and continue to be part of the same criminal record. However, if all fingerprints and juvenile/criminal history information are removed from the AFIS and CHR databases, any new fingerprints that are submitted to the MSP will cause a new SID to be created.

31 One CHR Database MSP has one CHR database that is used for the Law Enforcement Information Network (LEIN), the Internet Criminal History Access Tool (ICHAT), and fingerprint-based background checks. Any information that is missing or inaccurate in LEIN is also missing and inaccurate for ICHAT and fingerprint-based background checks. For example, if a juvenile was booked and printed as an adult, the arrest record is available to the public via ICHAT regardless of the juvenile s age. So it is imperative that criminal justice agencies work with MSP to make sure the rapsheets are as complete and accurate as possible.

32 2015 CHR Data Received The MSP received 384,257 criminal fingerprint submissions in Of those 279,432 were retained as new criminal incidents and the rest were ID-only. 133,146 charge data submissions were reported to the MSP in The MSP received 277,044 judicial dispositions in Of those 259,835 were electronically submitted, with the rest manually entered into the CHR database by the Criminal History Section. Six courts still report on paper: 61 st District (Grand Rapids); 9 th Circuit (Kalamazoo); 33 rd Circuit (Charlevoix); and all of Delta County (Escanaba).

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34 Criminal history information will be broken down into three segments:

35 The arrest segment will contain information about the arrest provided by the arresting agency.

36 The charge segment will contain information about the criminal charges provided by the prosecutor.

37 The judicial segment is provided by the court and will contain information about the conviction and sentence.

38 The Criminal Tracking Number (CTN) refers to the number assigned to that particular criminal case by the prosecutor; the Incident Date refers to the date the crime occurred; and the Name Used refers to the name that the person gave the police at the time of arrest.

39 Transaction Control Number (TCN) A1 = MSP CJIC Headquarters 13 = Second two characters stands for the year prints were taken

40 Originating Case Agency (OCA) number Also known as Complaint #, Arrest Case #, Police Incident Number (PIN) OCA on prints must EXACTLY match number given to prosecutors and courts

41 Statutory CHR Requirements for Prosecutors

42 Charge Data Submissions The MSP does not have the statutory authority to disseminate court dispositions whether juvenile or criminal, felony or misdemeanor unless it is matched to a specific set of arrest prints. Any judicial data that is not matched to an arrest will NOT be used on the CHR. District courts can submit dispositions to arrests matching by TCN and OCA if they are provided the TCN and OCA as it appears on the CHR. City attorneys do not report any charge data for ordinance violations. Circuit and juvenile court software does not allow the reporting of disposition data without a CTN, so unless the CTN has been added to the arrest their data will not be used.

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45 Prosecutor Reporting Issues Not provided or not entering the TCN/OCA numbers exactly as they appear on the CHR. Not checking the case status on their TCN Status Screen. Most counties use charge data software that does not process LEIN error messages, so they often cannot resolve submission issues on their end. Not reporting warrant and petition denials to the MSP. If a case on the CHR is closed without conviction, either due to warrant denial, dismissal, nolle prosequi or acquittal, then new prints will be required.

46 Submitting Charge Data via Live Scan

47 Matching Dispositions to Arrests without Charge Segment

48 Court Disposition Reporting Issues Not provided or not entering the TCN/OCA numbers exactly as they appear on the CHR. CTN and other charge information not matched to the arrest. Name on arrest does not match the name on the court records. Inaccurate data entered on the arrest or charge segments. Same TCN used for multiple complaints. Not reporting dispositions for optional-printing cases where arrest prints were submitted to the MSP.

49 Complete Pretty CHR Incident

50 Criminal History Corrections MSP will not modify a CHR unless we have proper documentation from the agency of record. This would include Court Documents like the Judgment of Sentence or Orders of Probation etc. Fax corrections or updates to the CHR to to MSP-CRD-JUDICIAL@michigan.gov For rejected updates MSP-CourtRej@michigan.gov

51 Non Court Ordered Expungement MSP automatically destroys fingerprints and criminal/juvenile history data for all cases with a matching disposition using the citation code No State Criminal Code and Juvenile Consent Calendar. MCL (7) states that persons who are arrested and fingerprinted but are not charged or petitioned shall have their fingerprints and criminal/juvenile history data destroyed. MSP also destroys all fingerprints and criminal history data for all cases with a matching disposition of an acquittal (FNG Found Not Guilty) except for sex crimes or crimes with or against a child. MSP does NOT automatically destroy fingerprints and juvenile history data for any other type of case. Courts wanting those cases removed need to submit a signed MC 392 Order Regarding Destruction of Fingerprints and Arrest Card.

52 Who Has Access to CHR? Criminal Justice Over 600 Michigan Law Enforcement (LE) agencies. 83 County Prosecutors plus the Michigan Attorney General s Office. 326 District, Circuit, and Juvenile courts. Local, state, federal, and border LE agencies throughout the country via NCIC and NLETS. In 2015, the criminal history system processed over 30,000,000 law enforcement related queries from around the state and the country.

53 Who Has Access to CHR? Fingerprint Background Checks Over 4,000 employer/licensing agencies in Michigan allowed/required to utilize fingerprint based background checks. The MSP received 298,796 applicant fingerprint submissions in Since the switch to Live Scan, applicant fingerprint submissions are retained by the MSP unless prohibited by law. The MSP also has the ability to perform rap back if not prohibited by law. This is where the agency that submitted the applicant prints is notified when any matching arrest prints or other criminal case data is added to a person s CHR. Although not required by law, MSP is beginning to pilot rap back for law enforcement agencies.

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55 Top 10 Fingerprint Background Check Totals for 2015 CW Carry Pistol License SE Michigan School Employment HC Health Care Employment LHP Licensed Health Care Professional FCE Adult Foster Care Employment CPE Child Protection Employment CJ Criminal Justice Employment/Training AWF Adam Walsh Foster Parent 5723 PSG Private Security Guard 4402 AWA Adam Walsh Adoption 3641

56 Who Has Access to CHR? ICHAT Under MCL a and the Michigan Freedom of Information Act, anyone may perform a name based criminal history checks through the Internet Criminal History Access Tool (ICHAT). ICHAT gives a general-public version of Michigan CHR data in the same format as the LEIN rapsheets. The MSP will provide a free ICHAT account to criminal justice agencies, but not for the processing of licensing, housing, or student background checks. In 2015 the ICHAT system processed 1,961,410 CHR queries, most of which were free to government agencies, schools, churches, and charities.

57 ICHAT Usage The largest category of fee-waived ICHAT users is schools, who are allowed by law to run volunteer background checks for free; there were 367,398 school searches in Government agencies ran 281,750 free ICHAT searches in In 2015 charities performed 218,612 free ICHAT searches. There were 706,355 general public ICHAT searches, which were performed for a variety of reasons.

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60 Criminal History and Live Scan Contact Information Questions about Policies and Procedures Ted Kilvington Criminal History QA Auditor Criminal History Section Arrest Data Corrections Krystal Howard Live Scan Analyst