Michigan Administrative Code › Department - State Police › Forensic Science Division › DNA Profiling System › Section R. 28.5053 - Responsibility for collecting samples

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				department shall provide DNA collection kits to each designated agency. Each
				designated agency shall contact the department to order DNA collection kits.
				Each agency shall designate a point of contact correspond with the department
				regarding matters concerning DNA collection. Each agency shall notify the
				department of the designated point of contact's name, address, and telephone
				number at which the department may direct correspondence to the point of
				contact regarding matters concerning DNA collection. If the designated point of
				contact has an e-mail address, the address shall also be provided to the
				department.
(2) DNA collection kits
				shall be only used for collecting samples from offenders. DNA collection kits
				shall not be used to collect evidentiary samples for submission in criminal
				cases.
(3) The designated agency
				shall provide gloves to the individual performing the collection. The
				individual performing the collection shall wear gloves at all times while
				performing sample collection and packaging.
(4) Each designated agency shall determine if
				a DNA sample is already on file for the offender through the criminal history
				record. DNA samples shall not be collected when the criminal history record
				indicates a DNA sample has previously been obtained from the
				offender.
(5) If a determination is
				made that sample collection from the offender is required, then the following
				shall apply as to the designated agencies:
(a) When applicable law requires sample
				collection upon arrest of an offender, the investigating law enforcement agency
				is the designated agency. The collection of a sample from the offender and
				transmittal of the sample to the department shall be completed within 30 days
				of the arrest.
(b) When applicable
				law requires sample collection upon conviction or a finding of responsibility,
				unless otherwise ordered by the court, the investigating law enforcement agency
				is the designated agency. If the designated investigating law enforcement
				agency does not collect a sample from the offender within 15 days of conviction
				or finding of responsibility, the county sheriff is then the designated agency
				for collection unless otherwise ordered by the court. If a sample has not
				already been collected, collection of a sample from the offender and
				transmittal of the sample to the department shall occur before any transfer or
				release of the offender, whatever the terms of incarceration. If the offender
				will be incarcerated for more than 30 days, the collection of a sample from the
				offender and transmittal of the sample to the department shall be completed
				within 30 days of the conviction or finding of responsibility.
(c) When applicable law requires sample
				collection before release from serving a term of incarceration in a facility
				under the control of the county sheriff, the county sheriff is the designated
				agency. If a sample has not already been collected, collection of a sample from
				the offender and transmittal of the sample to the department shall occur before
				any transferor release of the offender, whatever the term of incarceration. If
				the offender will be incarcerated for more than 90 days, the collection of a
				sample from the offender and transmittal of the sample to the department shall
				be completed 90 days prior to the offender's release.
(d) When applicable law requires sample
				collection from an offender and the offender is transferred into a facility
				under the control of the Michigan department of corrections to serve a term of
				incarceration, the Michigan department of corrections is the designated agency.
				If the sample has not already been collected, collection of a sample from the
				offender and transmittal of the sample to the department shall occur before
				release of the offender, whatever the term of incarceration. If the offender
				will be incarcerated for more than 90 days, the collection of a sample from the
				offender and transmittal of the sample to the department shall be completed
				within 90 days of receipt of the offender into the facility.
(e) When applicable law requires sample
				collection from an offender and the offender is serving a term of incarceration
				in a facility under the control of the Michigan department of corrections, the
				Michigan department of corrections is the designated agency. If a sample has
				not already been collected, collection of a sample from the offender and
				transmittal of the sample to the department shall occur before release of the
				offender, whatever the term of incarceration. If the offender will be
				incarcerated for more than 1 year, the collection of a sample from the offender
				and transmittal of the sample to the department shall be completed a minimum of
				1 year prior to the offender's release.
(f) When applicable law requires sample
				collection from an offender and the offender is placed under the supervision of
				a state department or county juvenile agency or is declared a public ward, the
				investigating law enforcement agency is the designated agency. Collection of a
				sample from the offender and transmittal of the sample to the department shall
				occur before any transfer or discharge from wardship, whatever the term of
				supervision. If the offender will be under supervision for more than 30 days,
				the collection of a sample from the offender and transmittal of the sample to
				the department shall be completed within 30 days of the offender being placed
				under supervision.