AB 896

Under current law, the following people are required to provide a

deoxyribonucleic acid (DNA) sample to the state crime laboratories for analysis and

inclusion in the Department of Justice DNA database: 1) a person who is sentenced

or placed on probation in Wisconsin for a felony or certain specified misdemeanors;

2) a person on probation, parole, or extended supervision in Wisconsin for a crime

committed in another state that would be a felony if committed in Wisconsin; 3) a

person found to be a sexually violent person; 4) a person found not responsible by

reason of mental disease or defect for certain sexual assaults; and 5) a juvenile

adjudicated delinquent for certain felony sexual assaults. In addition, a court may

order a juvenile who is adjudicated delinquent for certain other offenses to provide

a biological specimen for DNA analysis.

Currently, a person who is sentenced to prison generally must provide the DNA

sample while in prison. A person who is sentenced to jail must provide the DNA

sample as directed by the sheriff. A person who is placed on probation for a crime

committed in this state or who is on probation, parole, or extended supervision for

a crime committed in another state must provide the DNA sample at the sheriff's

office, as directed by his or her probation, parole, or extended supervision agent. A

juvenile placed in a secured correctional facility must generally provide the DNA

sample while at the facility. A juvenile on supervision, must provide the DNA sample

as directed by the agency supervising him or her. A person found not responsible by

reason of mental disease or defect or found to be a sexually violent person must

provide the DNA sample as directed by the Department of Health Services.

This bill requires that all persons who are required to provide a DNA sample

for analysis by the state crime laboratories and inclusion in the DOJ DNA database

provide the sample to the sheriff. The bill requires the sheriff to submit the samples

to the state crime laboratories. In addition, the bill specifies that if a person is

required to provide a DNA sample in connection with sentencing, the sentencing

court must at the end of the sentencing hearing place the person in the physical

custody of the sheriff for a time sufficient to provide the sample. Similarly, the bill

requires that if a juvenile is required to provide a DNA sample in connection with a

delinquency adjudication, the court must at the end of the dispositional hearing

place the juvenile in the custody of the sheriff for a time sufficient to provide the

sample. Finally, the bill requires DOJ to promulgate rules for providing and

collecting DNA samples and submitting them to the state crime laboratories.