Submission of biological specimens for deoxyribonucleic acid analysis

Current statutes specify when and where each category of people required to provide a DNA sample must provide the DNA sample. Administrative rules also specify when and where people must provide DNA samples, although the rule requirements are somewhat different than the statutory requirements for certain categories. For example, under both the statute and the rule, a person sentenced to prison must provide a DNA sample while in prison if directed to do so by the Department of Corrections (DOC). If the person does not provide the DNA sample while in prison, under the statute, the person must provide the sample at the sheriff's office as soon as practicable after release, as directed by a supervising agent; and under the rule, the person must provide the sample at the sheriff's office or as directed by his or her supervising agent. Under the statutes, a person placed on probation must provide the DNA sample at the office of a county sheriff as soon after placement as practicable, as directed by his or her supervising agent. Under the rule, a person placed on probation must provide the DNA sample at the office of a county sheriff as soon after the placement as practicable, or as directed by his or her supervising agent.

This bill specifies that a requirement to provide a DNA sample does not expire when a person completes serving probation, a sentence, or a delinquency disposition or is released from commitment. For example, if a person is required to provide a DNA sample because he or she was in prison for a felony on or after January 1, 2000, and the person does not provide the DNA sample before leaving prison, he or she is still required to provide a DNA sample. In addition, the bill provides that regardless of whether a person already provided a DNA sample, if DOJ does not have DNA analysis results for the person, DOJ may require the person to provide another DNA sample.

The bill establishes a process under which a district attorney may petition the court to compel a person to provide a DNA sample if the person is required to provide a DNA sample but refuses or fails to do so. Under the bill, if the district attorney demonstrates reasonable cause to believe that a person is required to provide a DNA sample and that DOJ does not have DNA analysis results from the person, the court must order the person to appear for a hearing to show cause why he or she is not required to provide a DNA sample or to provide a DNA sample before the hearing date. If the person does not provide a DNA sample before the hearing and, at the hearing, the person does not disprove the district attorney's claim that the person is required to provide a DNA sample, the court must issue an order to facilitate collection of a DNA sample from the person, which may include arrest or detention of the person or use of reasonable force. Under the bill, the rules of evidence, other than rules for admissibility and privileges, do not apply to proceedings on a petition to compel a person to provide a DNA sample.

The bill provides that people who are required to provide a DNA sample must provide it as follows:

1. A person sentenced to prison or a juvenile correctional facility must provide the DNA sample while in prison or the facility, as directed by DOC; and if the person does not provide the DNA sample while in prison or the facility, then as soon as practicable after release at a sheriff's office, except if directed otherwise by the person's supervising agent.

2. A person placed on probation by a court in this state must provide the DNA sample as soon as practicable after placement at the sheriff's office, except if directed otherwise by the person's supervising agent.

3. A person placed on parole or probation in this state from another state, if directed by DOC to provide a DNA sample, must provide the DNA sample, as soon as practicable after release at the office of the county sheriff, except if directed otherwise by the person's supervising agent.

4. A juvenile placed on supervision shall provide the DNA sample as soon as practicable after placement at the sheriff's office, except if directed otherwise by the agency providing supervision.

5. A person sentenced to jail or a county house of corrections must provide the DNA sample as directed by the sheriff as soon as practicable after sentencing; and if the person does not provide the biological specimen while in jail or the house of corrections, as soon as practicable after release at a sheriff's office.

6. A person committed to the Department of Health Services (DHS) must provide the DNA sample as directed by DHS.

7. If none of the above applies, the person must provide the DNA sample as soon as practicable after the obligation to provide a DNA sample arises at the sheriff's office, except if directed otherwise by the agency providing supervision or having custody of the person.

Finally, the bill provides that a person found not guilty by reason of mental disease or defect, or in institutional care, on or after January 1, 2000, for a felony or certain specified misdemeanors must provide a DNA sample. In addition a person convicted, found not guilty by reason or mental disease or defect, or placed in institutional care on or after January 1, 2000 for failure to provide a DNA sample must provide a DNA sample as a result of the conviction, finding, or placement.