Rule 3.936.Biometric Data

MCR 3.936 handles the identification record that travels with a delinquency case. It tells the court when to verify that biometric data has been collected, what to do when it has not, what to report to the state, and when the record must be destroyed. Subrule (A) frames the whole rule: the court must permit the collection of a juvenile's biometric data under MCL 712A.11(5) and MCL 712A.18(10), and notice of biometric data collection retained by the court is confidential.

Checking the file, and fixing a gap

Subrule (B) sets two checkpoints. The court examines the confidential files and verifies that the juvenile has had biometric data collected at the time it authorizes the filing of a petition alleging a juvenile offense, and again before it enters an order of disposition on a juvenile offense or places the case on the consent calendar. If it appears that collection has not happened, the court has two ways to close the gap:

• direct the juvenile to go to the law enforcement agency involved in the apprehension, or to the sheriff's department, so the data may be collected; or
• issue an order to the sheriff's department to apprehend the juvenile and collect the data.

The choice between the two matters in practice. The first relies on the juvenile appearing voluntarily; the second puts a pickup order in the hands of the sheriff.

Reporting the outcome

Subrule (C) requires written notice to the Department of State Police in two situations, both involving a juvenile whose biometric data was collected for a juvenile offense. The first is a juvenile found not to be within the court's jurisdiction under MCL 712A.2(a)(1). The second is a juvenile over whom the court took jurisdiction under that same provision, and there the notice must specify the offense, the method of adjudication, and the disposition ordered.

Destroying the record

Subrule (D) is the cleanup provision. On a motion filed under MCL 28.243(10), the court must issue an order directing the Department of State Police, or another official holding the information, to destroy the biometric data and the arrest card pertaining to the offense. It applies to a juvenile who had biometric data collected for a juvenile offense, and it reaches three endings: no petition on the offense was submitted to the court, the court did not authorize the petition, or the court neither placed the case on the consent calendar nor took jurisdiction under MCL 712A.2(a)(1). Offenses listed in MCL 28.243(14) are carved out of the destruction order.