Mich. Ct. R. 3.936

As amended through April 11, 2024
Rule 3.936 - Biometric Data
(A) General. The court must permit the collection of biometric data of a juvenile pursuant to MCL 712A.11(5) and 712A.18(10), and as provided in this rule. Notice of biometric data collection retained by the court is confidential.
(B) Order for Biometric Data. At the time that the court authorizes the filing of a petition alleging a juvenile offense and before the court enters an order of disposition on a juvenile offense or places the case on the consent calendar, the court shall examine the confidential files and verify that the juvenile has had biometric data collected. If it appears to the court that the juvenile has not had biometric data collected, the court must:
(1) direct the juvenile to go to the law enforcement agency involved in the apprehension of the juvenile, or to the sheriff's department, so biometric data may be collected; or
(2) issue an order to the sheriff's department to apprehend the juvenile and to collect the biometric data of the juvenile.
(C) Notice of Disposition. The court shall notify the Department of State Police in writing:
(1) of any juvenile who had biometric data collected for a juvenile offense and who was found not to be within the jurisdiction of the court under MCL 712A.2(a)(1); or
(2) that the court took jurisdiction of a juvenile under MCL 712A.2(a)(1), who had biometric data collected for a juvenile offense, specifying the offense, the method of adjudication, and the disposition ordered.
(D) Order for Destruction of Biometric Data. The court, on motion filed pursuant to MCL 28.243(10), shall issue an order directing the Department of State Police, or other official holding the information, to destroy the biometric data and arrest card of the juvenile pertaining to the offense, other than an offense as listed in MCL 28.243(14), when a juvenile has had biometric data collected for a juvenile offense and no petition on the offense is submitted to the court, the court does not authorize the petition, or the court has neither placed the case on the consent calendar nor taken jurisdiction of the juvenile under MCL 712A.2(a)(1).

Mich. Ct. R. 3.936

Amended August 14, 2019, effective 8/14/2019; amended March 25, 2021, effective 3/24/2021.