[§844D-35] Collection from persons on probation, parole, or other release.

293 words·~1 min read·/hi/844d-35

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person, except for any juvenile, shall provide buccal swab samples and print impressions and, if required pursuant to this chapter, blood specimens if:

(1)The person is on probation or parole for any felony offense, whether or not that crime or offense is one set forth in section 844D-31(a);

(2)The person has a record of any past or present conviction of a qualifying offense described in section 844D-31 or has a record of any past or present conviction or adjudication in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this State, would have been punishable as an offense described in section 844D-31; and

(3)The person's blood specimens or buccal swab samples, and print impressions authorized by this chapter are not in the possession of the department or have not been recorded as part of the state DNA database and data bank identification program.

(b)The person shall have any required specimens, samples, or print impressions collected within twenty working days of being notified by the court, or a law enforcement agency or other entity authorized by the department. The specimens, samples, or print impressions shall be collected in accordance with section 844D-21 at a correctional facility or a state, county, private, or other facility designated for this collection. [L 2005, c 112, pt of §1]

Case Notes

Circuit court properly dismissed the charge of failure to provide specimen for forensic identification in violation of §§844D-31(a) and 844D-111(a). This section did not provide for the collection of defendant's buccal swab sample after he was discharged from probation for his felony offense. 139 H. 9 (App.), 383 P.3d 112 (2016).