Michigan Laws 28.611 – Powers of commission; rules; fingerprints; criminal history record information check; law enforcement officers training fund
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Terms Used In Michigan Laws 28.611
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Commission: means the Michigan commission on law enforcement standards created in this act or, by express delegation of the Michigan commission on law enforcement standards, its executive director and staff. See Michigan Laws 28.602
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Law enforcement agency: means an entity that is established and maintained in accordance with the laws of this state and is authorized by the laws of this state to appoint or employ law enforcement officers. See Michigan Laws 28.602
- Law enforcement training academy: means any of the following:
(i) An agency basic law enforcement training academy. See Michigan Laws 28.602state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The commission may do 1 or more of the following:
(a) Enter into agreements with colleges, universities, governmental agencies, and private entities to carry out the intent of this act.
(b) Issue certificates of approval to agency basic law enforcement training academies, preservice college basic law enforcement training academies, and regional basic law enforcement training academies.
(c) Authorize issuance of certificates of graduation or diplomas by agency basic law enforcement training academies, preservice college basic law enforcement training academies, and regional basic law enforcement training academies to students who have satisfactorily completed minimum courses of study.
(d) Cooperate with state, federal, and local agencies to approve programs of in-service instruction and training of law enforcement officers of this state and of cities, counties, townships, and villages.
(e) Make recommendations to the legislature on matters pertaining to qualification and training of law enforcement officers.
(f) Require a licensing examination.
(g) Establish a recognition of prior basic law enforcement training and experience program.
(h) Establish and charge a fee to recover the cost of screening, enrolling, evaluating, and testing individuals who are not employed by a law enforcement agency, which must be deposited in the law enforcement officers training fund created in this section.
(i) Establish and charge a fee to recover the cost of issuing licenses to persons licensed under this act, which must be deposited in the law enforcement officers training fund created in this section.
(2) The commission may promulgate rules with respect to any of the following:
(a) In-service training programs and minimum courses of study and attendance requirements for licensed law enforcement officers.
(b) The establishment and approval of agency basic law enforcement training academies, preservice college basic law enforcement training academies, and regional basic law enforcement training academies.
(c) The minimum qualifications for instructors for approved agency basic law enforcement training academies, preservice college basic law enforcement training academies, and regional basic law enforcement training academies.
(d) The minimum facilities and equipment for agency basic law enforcement training academies, preservice college basic law enforcement training academies, and regional basic law enforcement training academies.
(e) Minimum standards and procedures for reserve officers.
(3) The commission shall require an individual seeking admission to a preservice college basic law enforcement training academy or a regional basic law enforcement training academy or the recognition of prior basic law enforcement training and experience program to submit his or her fingerprints to the department of state police for the purpose of conducting a criminal history record information check. The department of state police may charge a fee for conducting a criminal history record information check. The individual shall submit his or her fingerprints to the department of state police in a manner prescribed by the department of state police.
(4) The department of state police shall conduct a criminal history record information check on each individual described under subsection (3) through its own records and through the Federal Bureau of Investigation. After the completion of each criminal history record information check, the department of state police shall provide the criminal history record information to the commission.
(5) The department of state police shall store and retain fingerprints submitted under this section in an automated fingerprint identification system that provides for an automatic notification if subsequent criminal history record information matches fingerprints previously submitted under this section. Upon receiving a notification under this subsection, the department of state police shall forward that notification to the commission.
(6) The department of state police shall forward the fingerprints submitted under this section to the Federal Bureau of Investigation to be retained in the Federal Bureau of Investigation’s next generation identification system and integrated automated fingerprint identification system that provides for automatic notification if subsequent criminal history record information matches fingerprints previously submitted to the Federal Bureau of Investigation under this subsection. Upon receiving a notification from the Federal Bureau of Investigation under this subsection, the department of state police shall forward that notification to the commission. The fingerprints retained under this subsection may be searched by using future submissions to those systems, including, but not limited to, latent fingerprint searches, with appropriate responses sent to the submitting and subscribing entities. This subsection does not apply unless the department of state police is capable of participating in the Federal Bureau of Investigation’s next generation identification system and integrated automated fingerprint identification system.
(7) The law enforcement officers training fund is created within the state treasury.
(8) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(9) Money in the fund at the close of the fiscal year shall remain in the fund, shall not lapse into the general fund, and may be used by the commission, upon appropriation, in future fiscal years as prescribed in this section.
(10) The commission shall be the administrator of the fund for auditing purposes.
(11) The commission shall expend money from the fund, upon appropriation, to carry out its responsibilities under this act.