DEPARTMENT OF STATE POLICE

                         FORENSIC SCIENCE DIVISION

                           DNA PROFILING SYSTEM


(By authority conferred on the department of state police by  section  3   of 
Act No. 250 of the Public Acts of 1990, as amended in Act No.  166  of  1994, 
being S28.173 of the Michigan Compiled Laws)


R  28.5051   Definitions.
  Rule 1. As used in these rules:
  (a) "CODIS" means the federal bureau  of   investigation's   combined   DNA 
Index System.
  (b) "Offender" means a person, including a juvenile, who is  convicted,  or 
responsible for of a violation of section 91, 316, or 317, or a violation or  
an  attempted violation of sections 349, 520b, 520c, 520d, 520e, and 520g  of 
Act No.  328  of the  Public  Acts  of  1931,  as  amended,  being  SS750.91, 
750.316, 750.520b, 750.520c, 750.520d,750.520e, and 750.520g of the  Michigan 
Compiled Laws.
  (c) "Sample" means a source of cellular  DNA  that  is   collected   in   a 
medically approved  manner  using  the  department  of   state   police   DNA 
collection kit.
  (d) "Upon conviction" means within a reasonable   time   after   conviction 
and sentencing or  disposition,  but  before  the   offender's   release   or 
transfer from state or county custody, as applicable.

  History:  1995 AACS; 1998 AACS.


R  28.5052   Applicability.
  Rule 2. These  rules  apply  to  the  collecting  of   samples   from   the 
following persons:
  (a) Persons who are convicted on or after January 1, 1997, as specified  in 
section 91, 316, 317, 349, 520b, 520c, 520d, 520e, or 520g of Act No. 328  of 
the Public Acts  of  1931,  as  amended,  being  (750.91,  750.316,  750.317, 
750.349, 750.520b, 750.520c, 750.520d, 750.520e, or 750.520g of the  Michigan 
Compiled Laws, or is responsible for as specified in Chapter XIIA of Act  No. 
288 of the Public Acts of 1939, as amended, being SS712a.18k of the  Michigan 
Compiled Laws.
  (b) Persons who are released on or after January 1, 1997, as  specified  in 
section 33 of Act No. 232 of the Public  Acts  of  1953,  as  amended,  being 
(791.233 of the Michigan Compiled Laws.
  (c) Persons as specified in section 7a of Act No. 150 of the Public Acts of 
1974, being (803.307a of the Michigan Compiled Laws, or section 5a of Act No.
73 of the Public Acts of 1988, being (803.225a of the Michigan Compiled Laws.

  History:  1995 AACS; 1998 AACS.


R  28.5053   Responsibility for collecting samples.
  Rule 3. The following  agencies,  as  applicable,  are  designated  as  the 
agencies that are responsible for ensuring the  collection  of  samples  from 
offenders:
  (a) Upon the conviction of a person for violating or attempting to  violate 
section 91, 316, 317, 349, 520b, 520c, 520d, 520e, or 520g of Act. No. 328 of 
the Public Acts of  1931,  as  amended,  being  SS750.91,  750.316,  750.317, 
750.349, 750.520b, 750.520c, 750.520d, 750.520e, or 750.520g of the  Michigan 
Compiled Laws, or section 18k of Act No. 288 of the Public Acts of  1939,  as 
amended, being (712A.18k of the Michigan Compiled Laws, the investigating law 
enforcement agency is  the  designated  agency  and  shall  provide  for  the 
collection of a sample within 45  days  of  the  conviction  and  before  the 
person's transfer to the custody of the department of corrections.
  (b) If an offender has not previously had a sample collected and is serving 
a term of incarceration in  a  facility  under  the  control  of  the  county 
sheriff, then the investigating law  enforcement  agency  is  the  designated 
agency and is responsible for ensuring the collection of  the  sample  before 
the release of the offender in accordance with the provisions of section  33d 
of Act No. 232 of the Public Acts of 1953, as amended,  being  SS791.233d  of 
the Michigan Compiled Laws.
  (c) If an offender has  not  previously  had  a  sample  collected  and  is 
transferred to a facility under the control of the department of  corrections 
to serve a term of incarceration, then the department of corrections  is  the 
designated agency and is responsible  for  ensuring  the  collection  of  the 
sample within 45 days after receiving the offender  in  accordance  with  the 
provisions of section 520m of Act No. 328 of the  Public  Acts  of  1931,  as 
amended, being (750.520m of the Michigan Compiled Laws.
  (d) If a qualifying offender has not previously had a sample collected  and 
is serving a term of incarceration in a facility under  the  control  of  the 
department  of  corrections,  then  the  department  of  corrections  is  the 
designated agency and is responsible  for  ensuring  the  collection  of  the 
sample before the release of the offender in accordance with  the  provisions 
of section 33d of Act No. 232 of the Public Acts of 1953, as  amended,  being 
(791.233d of the Michigan Compiled Laws.
  (e) If an offender has not previously had a sample collected and is serving 
a sentence, but is not physically incarcerated, then  the  investigating  law 
enforcement agency is the designated agency and is responsible  for  ensuring 
the collection of the sample before the end of  the  sentence  in  accordance 
with the provisions of section 33d of Act No. 232 of the Public Acts of 1953, 
as amended, being (791.233d of the Michigan Compiled Laws.
  (f) If an offender is a juvenile  and  committed  as  a  state  ward  under 
section 7a of Act No. 150 of the Public  Acts  of  1974,  as  amended,  being 
(803.307a of the Michigan Compiled Laws, or section 5a of Act No. 73  of  the 
Public Acts of 1988, as amended, being (803.225a  of  the  Michigan  Compiled 
Laws, then the family independence agency is the  designated  agency  and  is 
responsible for ensuring the collection of the sample before the offender  is 
discharged from wardship or released.

  History:  1995 AACS; 1998 AACS.


R  28.5054   Collection procedures.
  Rule 4. (1) An offender shall be positively  identified   by   the   agency 
responsible for collecting the samples before the samples  are   taken.   The 
state identification number associated with the offender shall  be  used  for 
this purpose.
  (2) When an offender is positively identified, samples   shall   be   taken 
from the offender  in  a  medically  approved  manner  by,   or   under   the 
direction of, a physician, registered nurse, licensed  practical  nurse,   or 
duly licensed clinical laboratory technician associated with  the  county  or 
state agency that has custody of the offender, as appropriate.
  (3) Only the sample collection kit provided by the  department   of   state 
police shall be used to take samples.
  (4) Before or immediately after the taking of the  samples,  the   Michigan 
state police request for DNA investigative  support   database   entry   form 
shall be completed by the agency responsible for   collecting   the   samples 
and all relevant information requested on the form shall  be  provided.   The 
form shall bear a fingerprint impression of the offender's  right  thumb   in 
the space indicated on the form.
  (5) The collecting, labelling, storing, handling,   and   transmitting   of 
the samples collected shall be in compliance with  the  printed  instructions 
included with each sample collection kit. Within 72  hours   of   collection, 
samples shall be transmitted to the department  of  state   police   in   the 
manner prescribed in the instructions.

  History:  1995 AACS.


R  28.5055   Profile record storage and access.
  Rule 5. (1) The national DNA database system "CODIS" shall   be   used   to 
file, catalog, retrieve, and compare DNA profiles.
  (2) Access and use of the CODIS system shall be  in   accordance   to   the 
CODIS administrative rules and any licensing agreements  established  by  the 
United States government.

  History:  1995 AACS.


R  28.5056   Privacy protection.
  Rule 6. The results of the genetic marker  grouping   analysis   shall   be 
disclosed only as follows:
  (a) To criminal justice  agencies  for   law   enforcement   identification 
purposes.
  (b) To  law  enforcement  agencies  for  the   investigation   of   missing 
persons.
  (c) As otherwise allowed by law.

  History:  1995 AACS.


R  28.5057   Use of statistical information.
  Rule 7. The department of state  police  may  use  test   results   for   a 
population statistics database or for other research   or   quality   control 
purposes if personally identifying information is removed.

  History:  1995 AACS.


R  28.5058   Expungement of records.
  Rule 8. If the disposition upon which a sample collection  was  based   has 
been reversed and no other grounds exist for sample collection, the record of 
the sample shall be removed from the database  when  so  ordered  by  a court 
of proper jurisdiction.

  History:  1995 AACS.


R  28.5059   Effect of noncompliance with rules.
  Rule 9. The results of genetic marker grouping analyses   and   access   to 
the state genetic marker database information may be denied  to  any   agency 
that fails to comply with these rules.

  History:  1995 AACS.