May 9, 2007, Introduced by Reps. Pearce, Stahl, Steil, Green, Agema, Rick Jones, Wenke, Pastor and Meadows 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 serving a
sentence in a state correctional
facility shall provide samples for chemical testing 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 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 on January 1, 2008, the samples shall be obtained not
later than July 1, 2008. However, if the prisoner 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, 2008, the samples shall be obtained before the date
of release, placement, or discharge.
(b) For a prisoner whose sentence in a state correctional
facility begins after January 1, 2008, the samples shall be
obtained not later than 30 days after the date on which the
prisoner is committed to the jurisdiction of the department.
(2) If, at the time the prisoner is to be released, placed, or
discharged, the department of state police already has a sample
from the prisoner that meets the requirements of the DNA
identification profiling system act, 1990 PA 250, MCL 28.171 to
28.176, the prisoner is not required to provide another sample
under
subsection (1) or pay the fee assessment 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 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 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 blood, saliva, or tissue collected from the prisoner.