DEPARTMENT OF STATE POLICE  
FORENSIC SCIENCE DIVISION  
DNA PROFILING SYSTEM  
(By authority conferred on the department of state police by section 3 of 1990 PA  
250, MCL 28.173)  
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 an individual who is required to provide a DNA sample for a  
qualifying offense at arrest or upon conviction or a finding of responsibility under  
1931 PA 328, MCL 750.520m and 1990 PA 250, MCL 28.176(1) or any other applicable  
law.  
(c) "Sample" means a source of cellular DNA that is collected using the DNA  
collection kit provided by the department.  
(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.  
(e) "At arrest" means within a reasonable time after arrest, typically during the  
booking process.  
(f) "Designated agency" means the law enforcement agency that is  
responsible for the sample collection and transmittal of the sample to the department.  
(g) "DNA" means deoxyribonucleic acid, the heredity material contained in nuclear  
cells.  
(h) "Department" means the Michigan department of state police.  
(i) "Qualifying offense" means those offenses for which an individual provides a  
sample for DNA testing as required by law at arrest, upon conviction, or upon a  
finding of responsibility.  
(j) "Profile" means the results of the DNA identification profiling of a sample,  
including a paper, electronic, or digital record.  
History: 1995 AACS; 1998 AACS; 2011 AACS.  
R 28.5052 Applicability.  
Rule 2. These rules apply to the collecting of samples from the following individuals:  
(a) Offenders who are arrested for a qualifying offense under 1931 PA 328, MCL  
750.520m(1)(a).  
(b) Offenders who are convicted of a qualifying offense under 1990 PA 250, MCL  
28.176(1)(b).  
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(c) Offenders who are prisoners and have not already provided a sample as  
required by 1953 PA 232, MCL 791.233d(1) that meets the requirements of these rules.  
(d) Juvenile offenders who are found responsible for a qualifying offense under  
1990 PA 250, MCL 28.176(1)(a) and 1939 PA 288, MCL 712A.18k.  
(e) Juvenile offenders who are under the supervision of the state department or  
county juvenile agency under 1988 PA 73, MCL 803.225a and have not already  
provided a sample that meets the requirements of these rules.  
(f) Juvenile offenders who are public wards under 1974 PA 150, MCL  
803.307a(1) and have not already provided a sample that meets the  
requirements of these rules.  
History: 1995 AACS; 1998 AACS; 2011 AACS.  
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  
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terms of incarceration. If theoffender 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.  
History: 1995 AACS; 1998 AACS; 2011 AACS.  
R 28.5054 Procedures for sample collection.  
Rule 4. (1) An offender shall be positively identified by the designated agency or  
its designee before the samples are taken.  
The state identification number  
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associated with the offender, if there is an assigned state identification number, shall be  
used for this purpose and recorded in the specified area on the DNA collection card.  
(2) After the offender is positively identified, the designated agency shall collect  
samples from the offender according to the collection instructions included in the  
DNA collection kit. The sample collection shall be performed by the designated agency  
or its designee; however, the designee shall not be the offender. 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.  
(3) Only the DNA collection kit provided by the department shall be used to collect  
samples.  
(4) The DNA collection card shall be completed by the designated agency prior to  
beginning sample collection. All relevant information requested on the DNA collection  
card shall be provided. The DNA collection card shall bear the fingerprint impressions  
of the offender's thumbs in the spaces indicated on the DNA collection card.  
(5) The collecting, labeling, storing, handling, and transmitting of the samples  
collected shall comply with the collection instructions included in the DNA collection  
kit. Within 72 hours of sample collection, the DNA collection kit shall be transmitted  
to the department by hand delivery, U.S. Mail, or certified carrier.  
History: 1995 AACS; 2011 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 with federal law,  
memorandum of understanding with the federal bureau of investigation for participation  
in CODIS, all applicable CODIS rules, polices or procedures, and any licensing  
agreements established by the United States government.  
History: 1995 AACS; 2011 AACS.  
R 28.5056 Privacy protection.  
Rule 6. The results of the DNA profiling shall be disclosed only as provided in  
1990 PA 250, MCL 28.176(2).  
History: 1995 AACS; 2011 AACS.  
R 28.5057 Authorized use.  
Rule 7. The department shall only use samples and/or test results for the purposes  
provided in 1990 PA 250, MCL 28.175a.  
History: 1995 AACS; 2011 AACS.  
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R 28.5058 Disposal of samples and profiles.  
Rule 8. A sample or profile shall not be disposed of if the department determines  
the individual has otherwise become obligated to submit a sample or if the disposal of  
the sample would destroy sample or data relating to another individual who would  
otherwise be retained. If the sample is  
eligible for disposal, the sample shall be disposed of in the following instances:  
(a) Disposal is ordered by a court of proper jurisdiction in accordance with 1990  
PA 250, MCL 28.176(10).  
(b) The department receives  
a
written request for disposal from the  
investigating police agency or prosecutor in accordance with 1990 PA 250, MCL  
28.176(11).  
(c) The department receives a written request for disposal and a certified copy of a  
final court order in accordance with 1990 PA 250, MCL 28.176(11)(b).  
History: 1995 AACS; 2011 AACS.  
R 28.5059 Effect of noncompliance with rules.  
Rule 9. The uploading of DNA profiles into the state DNA database may be denied  
if the designated agency fails to comply with these rules.  
History: 1995 AACS; 2011 AACS.  
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