October 20, 2010, Introduced by Rep. LeBlanc and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 33d (MCL 791.233d), as amended by 2001 PA 86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
33d. (1) A Each prisoner shall not be released on parole,
placed
in a community placement facility of any kind, including a
community
corrections center or a community residential home, or
discharged
upon completion of his or her maximum sentence until he
or
she has provided samples for chemical testing serving a sentence
in a state correctional facility, and each probationer placed at
the special alternative incarceration program pursuant to the
special alternative incarceration act, 1988 PA 287, MCL 798.11 to
798.18,
shall provide a sample for DNA
identification profiling. or
a
determination of the sample's genetic markers and has provided
samples
for a determination of his or her secretor status. However,
if
If a valid sample has not
already been collected in the manner
prescribed under the DNA identification profiling system act, 1990
pa 250, MCL 28.171 to 28.176, and recorded on the prisoner's or
probationer's criminal history record, the samples required under
this subsection shall be obtained within the following time
periods, as applicable:
(a) For a prisoner serving a sentence in a state correctional
facility or a probationer in a special alternative incarceration
program on January 1, 2011, the samples shall be obtained not later
than July 1, 2011. However, if the prisoner or probationer is
released on parole, placed in a community placement facility of any
kind, including a community corrections center or a community
residential home, or discharged upon completion of his or her
maximum sentence before July 1, 2011, the samples shall be obtained
before the date of release, placement, or discharge.
(b) For a prisoner serving a sentence in a state correctional
facility or a probationer in a special alternative incarceration
program whose sentence begins after January 1, 2011, the samples
shall be obtained not later than 90 days after the date on which
the prisoner or probationer is committed to the jurisdiction of the
department.
(2) If, at the time the prisoner or probationer is to be
released, placed, or discharged the department of state police
already has a sample from the prisoner or probationer that meets
the requirements of the DNA identification profiling system act,
1990 PA 250, MCL 28.171 to 28.176, the prisoner or probationer is
not required to provide another sample or pay the fee required
under
subsection (4) (5).
(3) (2)
The samples required to be
collected under this
section shall be collected by the department and transmitted by the
department to the department of state police in the manner
prescribed under the DNA identification profiling system act, 1990
PA 250, MCL 28.171 to 28.176.
(4) (3)
The department may shall collect
a sample under this
section regardless of whether the prisoner consents to the
collection. The department is not required to give the prisoner an
opportunity for a hearing or obtain a court order before collecting
the sample.
(5) (4)
A prisoner or probationer shall pay an assessment of
$60.00. The department shall transmit the assessments or portions
of assessments collected to the department of treasury for the
department of state police forensic science division to defray the
costs associated with the requirements of DNA profiling and DNA
retention prescribed under the DNA identification profiling system
act, 1990 PA 250, MCL 28.171 to 28.176.
(6) (5)
The DNA profiles of DNA samples
received under this
section shall only be disclosed as follows:
(a) To a criminal justice agency for law enforcement
identification purposes.
(b) In a judicial proceeding as authorized or required by a
court.
(c) To a defendant in a criminal case if the DNA profile is
used in conjunction with a charge against the defendant.
(d) For an academic, research, statistical analysis, or
protocol developmental purpose only if personal identifications are
removed.
(7) (6)
As used in this section,
"sample" means a portion of a
prisoner's
the blood, saliva, or tissue collected from the prisoner
or probationer.