US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 55
                      THE IDAHO DNA DATABASE ACT OF 1996
    19-5507.  RESPONSIBILITY FOR SAMPLE COLLECTION -- TIMING OF SAMPLE
COLLECTION -- SITE FOR SAMPLE COLLECTION. (1) A court shall order a DNA sample
and thumbprint impression to be taken after conviction and before sentencing
of any person upon application by the prosecuting attorney, the attorney
general, or the Idaho state police upon a showing that early collection of
such samples will be in the best interest of justice. The DNA samples shall be
collected in accordance with procedures established by the bureau of forensic
services. The director may designate a state or county correctional facility
for sample collection.
    (2)  Any person, including any juvenile tried as an adult, who comes
within the terms of this chapter, and who is granted probation or who serves
an entire term of confinement in a state or county facility, or who otherwise
bypasses a prison inmate reception center shall, prior to physical release
from custody, be required to provide a DNA sample and thumbprint impression at
a Idaho state police designated sample collection location. If the person is
not incarcerated at the time of sentencing, the court shall order the person
to report within ten (10) working days to the facilities designated for the
collection of such specimens.
    (3)  The chief administrative officer of any state or local detention
facility, jail or other facility shall cause a DNA sample and thumbprint
impression to be collected from the person subject to this chapter during the
intake process at the facility, or immediately thereafter at another facility
designated for such collection, if DNA samples previously have not been taken
pursuant to this chapter.
    (4)  The director of the department of correction shall cause a DNA sample
and thumbprint impression to be collected from any person subject to the terms
of this chapter who has been sentenced to serve a term of imprisonment in a
state correctional institution and who has not had a DNA sample taken after
conviction and before sentencing. The DNA sample and thumbprint impression
shall be collected from the person during the intake process at the reception
center designated by the director of the department of correction as soon as
possible.
    (5)  Any person subject to the terms of this chapter who is serving a term
of imprisonment or confinement, and who did not, for any reason, provide a DNA
sample or thumbprint impression for analysis by the bureau of forensic
services, shall submit to such tests as soon as practicable, but in any event
prior to  final discharge, parole, or release from imprisonment or
confinement. A person who was convicted prior to the effective date of this
chapter is not exempt from these requirements.
    (6)  As a condition of probation or parole, any person subject to the
terms of this chapter and who has not previously submitted a DNA sample and
thumbprint impression, shall upon notice by a law enforcement agency or an
agent of the department of correction, be required to provide a DNA sample and
thumbprint impression if it has been determined that such  sample and
thumbprint impression are not in the possession of the bureau of forensic
services. That person is required to have the sample and impression taken
within ten (10) working days at the designated county or state facility.
    (7)  When the state accepts an offender from another state under any
interstate compact, or under any other reciprocal agreement with any county,
state or federal agency, or any other provision of law, whether or not the
offender is confined or released, the acceptance is conditional on the
offender providing a DNA sample and thumbprint impression if the offender was
convicted of an offense which would qualify as a crime described in section
19-5506, Idaho Code, if committed in this state, or if the person was
convicted of an equivalent offense in any other jurisdiction. If the offender
from another state is not confined, the samples and impression required by
this chapter must be provided within ten (10) working days after the offender
reports to the supervising agent or within ten (10) working days of notice to
the offender, whichever occurs first. The person shall report to the
designated sample collection facility or facilities to have the sample and
impression taken. If the offender from another state is confined, he or she
shall provide the DNA sample and thumbprint impression as soon as practicable
after receipt in a state or county correctional facility or other facility,
and, in any event, before completion of the person's term of imprisonment, if
that person is to be discharged.
    (8)  Any inmate serving a term of incarceration for committing an offense
listed in section 19-5506, Idaho Code, who is released on parole, furlough, or
other release, and is returned to a state or local correctional institution
for a violation of a condition of that release, and that inmate has not
previously provided a DNA sample and thumbprint impression, shall provide a
sample and impression upon returning to the state correctional institution.