DNA sample Collection procedures.

(a) DNA samples will be collected, handled, preserved, and

submitted to the FBI in accordance with FBI guidelines.

(b) CSOSA has the authority to use such means as are reasonably

necessary to collect a sample from an individual who refuses to

cooperate in the collection of the sample. Unless CSOSA determines that

there are mitigating circumstances, CSOSA will consider that an

individual is refusing to cooperate if:

(1) The individual is being ordered or transferred to CSOSA's

supervision, but fails to report to CSOSA for collection of the sample

within 15 business days of being sentenced to probation or being

discharged from a correctional institution; or

(2) The individual is already under CSOSA supervision and has been

notified by his or her Community Supervision Officer of the time to

report for collection of the sample, but fails to report for collection

of the sample; or

(3) The individual has reported to CSOSA for collection of the

sample, but fails to provide the sample after being given a minimum of

one hour to do so; or

(4) The individual specifically states that he or she will not

cooperate.

(c) When an individual has refused to cooperate in the collection

of the sample, CSOSA deems the following to be reasonably necessary

means for obtaining the sample:

(1) Impose administrative sanctions;

(2) Request a revocation hearing by the releasing authority; and/or

(3) Refer the individual who refuses to cooperate for criminal

prosecution for a class A misdemeanor pursuant to section 4(a)(5) of

the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.

14135b(a)(5)).

References:

STATE CRIME LABORATORY Chapter 10-17-01 DNA Analysis.

DNA identification information: collection.

DNA Identification in Mass Fatality Incidents

Genetic Privacy Act: File 5

DNA identification information: collection from certain offenders.

Application of dry storage matrices for DNA sample collection and preparation for forensic analysis.