Collection of deoxyribonucleic acid samples and requiring the exercise of rule-making authority

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.