State v. Banks
Annotate this CaseConn. Gen. Stat. 54-102 authorizes the Commissioner of Correction to collect DNA samples from incarcerated felons in order to maintain a DNA data bank to assist in criminal investigations. In 1997, Defendant was convicted of robbery and other offenses. More than a decade later, the Department of Correction instructed Defendant to submit to the taking of a DNA sample pursuant to Conn. Gen. Stat. 54-102g, but Defendant refused to comply. The State filed a motion for permission to use reasonable physical force to collect the DNA sample from Defendant. The trial court granted the motion. Defendant was subsequently convicted with refusing to submit to the taking of a sample for DNA analysis in violation of section 54-102g(g). The Appellate Court upheld both Defendant’s conviction and the grant of the State’s motion for permission to use reasonable physical force to obtain the sample, concluding (1) section 54-102g is regulatory, rather than punitive, in nature, and therefore, the trial court had jurisdiction to consider the State’s motion; and (2) application of the statute to Defendant did not violate his due process rights or contravene the ex post facto clause. The Supreme Court affirmed, holding that the Appellate Court properly resolved both of Defendant’s claims.
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