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Terms Used In Michigan Laws 780.865

  • Confidential address: means the address of a program participant's residence, as specified on an application to be a program participant or on a notice of change of information as provided under section 5 that is classified confidential by the department of the attorney general. See Michigan Laws 780.853
  • Law enforcement agency: means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 780.853
  • Program: means the address confidentiality program created under this act. See Michigan Laws 780.853
  • Program participant: means an individual who is certified by the department of the attorney general as a program participant under section 5. See Michigan Laws 780.853
  • state: 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 department of the attorney general must create and maintain a computerized database that contains the name, unique identification number, confidential address, mailing address, telephone number, and any electronic mail address of each program participant. The database must also include information described in section 5(4) that is provided on an application. The department of the attorney general, the department of technology, management, and budget, and the department of state may have access to the database as required to implement this act.
    (2) The department of the attorney general must ensure the database under subsection (1) immediately provides the department of technology, management, and budget and the department of state, upon the certification of a program participant, the information listed in subsection (1), and upon the cancellation of a certification of a program participant under section 9, that status.
    (3) The Michigan intelligence operations center in the department of state police shall only access the database created under subsection (1) in exigent circumstances and provide a program participant’s information to a law enforcement agency if the center receives all of the following information from the law enforcement agency requesting the information:
    (a) The originating agency identifier.
    (b) A description of the exigent circumstances that require the disclosure of information from the database.
    (c) The law enforcement agency’s incident report number associated with the exigent circumstances described under subdivision (b).
    (d) Whether the program participant is a suspect in a criminal investigation related to the exigent circumstances described under subdivision (b).
    (4) The department of state police shall promptly provide the department of the attorney general with notice if a program participant’s information is provided to a law enforcement agency under subsection (3). If the program participant is not identified as a suspect in a criminal investigation, the department of the attorney general shall promptly forward the notice to the program participant.