Mich. Admin. Code R. 28.5053 - Responsibility for collecting samples

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.

Notes

Mich. Admin. Code R. 28.5053

1995 AACS; 1998 AACS; 2011 AACS