2006 Ohio Revised Code - 2953.79. Obtaining biological material from inmate; inmate\'s refusal or hindrance.

§ 2953.79. Obtaining biological material from inmate; inmate's refusal or hindrance.
 

(A)  If an eligible inmate submits an application for DNA testing under section 2953.73 of the Revised Code and if the application is accepted and DNA testing is to be performed, a sample of biological material shall be obtained from the inmate in accordance with this section, to be compared with the parent sample of biological material collected from the crime scene or the victim of the offense for which the inmate is an eligible inmate and requested the DNA testing. The inmate's filing of the application constitutes the inmate's consent to the obtaining of the sample of biological material from the inmate. The testing authority shall obtain the sample of biological material from the inmate in accordance with medically accepted procedures. 

(B)  If DNA testing is to be performed for an inmate as described in division (A) of this section, the court shall require the state to coordinate with the department of rehabilitation and correction as to the time and place at which the sample of biological material will be obtained from the inmate. The sample of biological material shall be obtained from the inmate at the facility in which the inmate is housed, and the department shall make the inmate available at the specified time. The court shall require the state to provide notice to the inmate and to the inmate's counsel of the date on which, and the time and place at which, the sample will be so obtained. 
 

The court also shall require the state to coordinate with the testing authority regarding the obtaining of the sample from the inmate. 

(C) (1)  If DNA testing is to be performed for an inmate as described in division (A) of this section, and the inmate refuses to submit to the collection of the sample of biological material from the inmate or hinders the state from obtaining a sample of biological material from the inmate, the court shall rescind its prior acceptance of the application for DNA testing for the inmate and deny the application. 

(2) For purposes of division (C)(1) of this section: 

(a) An inmate's "refusal to submit to the collection of a sample of biological material from the inmate" includes, but is not limited to, the inmate's rejection of the physical manner in which a sample of the inmate's biological material is to be taken. 

(b) An inmate's "hindrance of the state in obtaining a sample of biological material from the inmate" includes, but is not limited to, the inmate being physically or verbally uncooperative or antagonistic in the taking of a sample of the inmate's biological material. 

(D)  The extracting personnel shall make the determination as to whether an eligible inmate for whom DNA testing is to be performed is refusing to submit to the collection of a sample of biological material from the inmate or is hindering the state from obtaining a sample of biological material from the inmate at the time and date of the scheduled collection of the sample. If the extracting personnel determine that an inmate is refusing to submit to the collection of a sample or is hindering the state from obtaining a sample, the extracting personnel shall document in writing the conditions that constitute the refusal or hindrance, maintain the documentation, and notify the court of the inmate's refusal or hindrance. 
 

HISTORY: 150 v S 11, § 1, Eff 10-29-03.