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53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
(1) As used in this section, "person" refers to any person described under Section
53-10-403.
(2) (a) A person under Section
53-10-403 or any person added to the sex offender
register as defined in Section
77-27-21.5 shall provide a DNA specimen and shall reimburse the
responsible agency $100 for the cost of obtaining the DNA specimen unless the agency
determines the person lacks the ability to pay.
(b) (i) The responsible agencies shall establish guidelines and procedures for determining
if the person is able to pay the fee. An agency's implementation of Subsection (2)(b)(ii) meets an
agency's obligation to determine an inmate's ability to pay.
(ii) An agency's guidelines and procedures may provide for the assessment of $100 on
the inmate's county trust fund account and may allow a negative balance in the account until the
$100 is paid in full.
(3) (a) All fees collected under Subsection (2) shall be deposited in the DNA Specimen
Restricted Account created in Section
53-10-407, except that sheriffs collecting the fee shall
deposit $80 of the fee in the DNA Specimen Restricted Account and retain the balance of $20 for
the costs of obtaining the saliva DNA specimen.
(b) The responsible agency shall determine the method of collecting the DNA specimen.
Unless the responsible agency determines there are substantial reasons for using a different
method of collection or the person refuses to cooperate with the collection, the preferred method
of collection shall be obtaining a saliva specimen.
(c) The responsible agencies may use reasonable force, as established by their individual
guidelines and procedures, to collect the DNA sample if the person refuses to cooperate with the
collection.
(d) If the judgment places the person on probation, the person shall submit to the
obtaining of a DNA specimen as a condition of the probation.
(e) Under this section a person is required to provide one DNA specimen. The person
shall provide an additional DNA specimen only if the DNA specimen previously provided is not
adequate for analysis.
(4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
possible after conviction, plea, or finding of jurisdiction by the juvenile court, and transmitted to
the Department of Public Safety.
(b) If notified by the Department of Public Safety that a DNA specimen is not adequate
for analysis, the agency shall obtain and transmit an additional DNA specimen.
(5) (a) The Department of Corrections is the responsible agency whenever the person is
committed to the custody of or is under the supervision of the Department of Corrections.
(b) The juvenile court is the responsible agency regarding a minor under Subsection
53-10-403(3), but if the minor has been committed to the legal custody of the Division of
Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the minor
has not previously been obtained by the juvenile court under Section
78A-6-117.
(c) The sheriff operating a county jail is the responsible agency regarding the collection
of DNA specimens from persons who:
(i) have pled guilty to or have been convicted of an offense listed under Subsection
53-10-403(2) but who have not been committed to the custody of or are not under the supervision
of the Department of Corrections; and
(ii) are incarcerated in the county jail:
(A) as a condition of probation for a felony offense; or
(B) for a misdemeanor offense for which collection of a DNA specimen is required.
(d) The sheriff under Subsection (5)(c) shall:
(i) designate employees to obtain the saliva DNA specimens required under Section
53-10-403; and
(ii) ensure that employees designated to collect the DNA specimens receive appropriate
training and that the specimens are obtained in accordance with accepted protocol.
(6) (a) As used in this Subsection (6), "department" means the Department of
Corrections.
(b) Priority of obtaining DNA specimens by the department is:
(i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
of or under the supervision of the department before these persons are released from
incarceration, parole, or probation, if their release date is prior to that of persons under
Subsections (6)(b)(ii), but in no case later than July 1, 2004; and
(ii) second, the department shall obtain DNA specimens from persons who are
committed to the custody of the department or who are placed under the supervision of the
department after July 1, 2002, within 120 days after the commitment, if possible, but not later
than prior to release from incarceration if the person is imprisoned, or prior to the termination of
probation if the person is placed on probation.
(c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
is:
(i) persons on probation;
(ii) persons on parole; and
(iii) incarcerated persons.
(d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
specimens from persons in the custody of or under the supervision of the Department of
Corrections as of July 1, 2002, prior to their release.
(7) (a) As used in this Subsection (7), "court" means the juvenile court and "division"
means the Division of Juvenile Justice Services.
(b) Priority of obtaining DNA specimens by the court from minors under Section
53-10-403 who are under the jurisdiction of the court but who are not in the legal custody of the
division shall be:
(i) first, to obtain specimens from minors who as of July 1, 2002, are within the court's
jurisdiction, prior to termination of the court's jurisdiction over these minors; and
(ii) second, to obtain specimens from minors who are found to be within the court's
jurisdiction after July 1, 2002, within 120 days of the minor's being found to be within the court's
jurisdiction, if possible, but not later than prior to termination of the court's jurisdiction over the
minor.
(c) Priority of obtaining DNA specimens by the division from minors under Section
53-10-403 who are committed to the legal custody of the division shall be:
(i) first, to obtain specimens from minors who as of July 1, 2002, are within the
division's legal custody and who have not previously provided a DNA specimen under this
section, prior to termination of the division's legal custody of these minors; and
(ii) second, to obtain specimens from minors who are placed in the legal custody of the
division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
division, jurisdiction, if possible, but not later than prior to termination of the court's jurisdiction
over the minor.
(8) (a) The Department of Corrections, the juvenile court, and the Division of Juvenile
Justice Services shall by policy establish procedures for obtaining saliva DNA specimens, and
shall provide training for employees designated to collect saliva DNA specimens.
(b) The department may designate correctional officers, including those employed by the
adult probation and parole section of the Department of Corrections, to obtain the saliva DNA
specimens required under this section. The department shall ensure that the designated
employees receive appropriate training and that the specimens are obtained in accordance with
accepted protocol.
(c) Blood DNA specimens shall be obtained in accordance with Section
53-10-405.
Amended by Chapter 3, 2008 General Session
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Last revised: Friday, December 12, 2008
