§40702 Collection and Use of Dna Identification Information From Certain Federal Offenders

Summary

Federal authorities must collect DNA samples from people the United States arrests, charges, convicts, or detains, and from people on federal probation, parole, or supervised release who were convicted of qualifying federal or military offenses (military offenses as defined in 10 U.S.C. 1565). The Attorney General makes rules and can delegate the work to parts of the Department of Justice or to other federal agencies that arrest, detain, or supervise people. The Bureau of Prisons must collect samples from people in its custody who were convicted of qualifying federal or qualifying military offenses. If the FBI’s CODIS already has a person’s DNA or a military sample under 10 U.S.C. 1565 exists, agencies may but do not have to collect another sample. Authorities may use reasonable force to get a sample and may work with state, local, or private groups to collect them. Refusal to give a sample is a class A misdemeanor and is punished under title 18. All samples must be sent to the FBI Director for DNA testing and entry into CODIS, unless Rapid DNA machines are used and their results are entered into CODIS. Qualifying federal offenses are any felony, any offense under chapter 109A of title 18, any crime of violence as defined in section 16 of title 18, and attempts or conspiracies to commit those crimes. Quick definitions: DNA sample = a tissue, fluid, or other bodily sample for DNA testing; DNA analysis = the testing that gets DNA identification information; Rapid DNA instruments = machines that fully automate the DNA test. Collection had to begin no later than 180 days after December 19, 2000, subject to available funding. The Attorney General issues regulations, and the Administrative Office of the U.S. Courts provides model procedures for probation officers.