Simmons v. Alaska, Dept. of CorrectionsAnnotate this Case
Alaska inmate David Simmons refused to provide a DNA sample for Alaska’s DNA identification registration system pursuant to a statutory requirement that persons convicted of certain crimes provide a DNA sample for the system. Refusal to submit a sample constituted a felony; for refusing the sample, he was charged with an infraction in a prison disciplinary hearing and found guilty. He appealed to the superior court, which affirmed. Simmons appealed to the Alaska Supreme Court, arguing primarily that the crimes for which he was found guilty and incarcerated occurred before the effective date of the DNA identification registration system, and the DNA sample requirement either was not retrospective or, if it was, violated the ex post facto clauses of the Alaska and U.S. Constitutions. A secondary issue raised by Simmons' appeal pertained to counsel in disciplinary proceedings. Because the inmate was charged with a disciplinary infraction constituting a felony, under Alaska case law he had the right to counsel in his disciplinary hearing. The Department of Corrections refused to provide him counsel for his hearing. The superior court ruled that although the denial of counsel violated the inmate’s constitutional rights, the violation did not prejudice his ability to have a fair hearing. Rejecting Simmons' contentions with respect to the sample-felony, and finding no other reversible error, the Supreme Court affirmed the superior court’s decisions.