Offender Collection Statutes
Overview
Every state requires that convicted sex offenders submit a DNA specimen for inclusion in the state database. Increasingly, states are enacting legislation to require expanded populations of offenders to submit DNA specimens. Some require all convicted felons to submit a specimen, while others require collection of a specimen at arrest.1 Although passing legislation is the obvious first step to expanding a state’s database, the success of the legislation will hinge on the ability of the criminal justice system to implement its requirements.2,3 It is critically important that prior to expanding the database, states undertake a comprehensive review of collection procedures to determine the effectiveness of current laws.4,5 The following discussion contains detailed recommendations to determine if, and to what extent, a state database may have gaps.6
National Conference of State Legislatures: State Laws On DNA Data Banks
1 Robin Cheryl Miller, Validity, Construction and Operation of State DNA Databases, 76 ALR 5th 239 PDF download: 372kB
2 Kyle I. Jen, Senior Fiscal Analyst Michigan’s Forensic DNA Database (2003) PDF download: 140kB • Visit the Michigan House Fiscal Agency »
3 Bruce Frederick, James A. Gilmer, and David J. Van Alstyne Expanding the Offender Index of the New York State DNA Data Bank (January 2002) » • Formal Report PDF download: 180kB
4 California’s assessment before implementing proposition 69 » • California State Controller DNA Penalty Assessment (Proposition 69) Distribution Guidelines PDF download: 68kB
5 State of Arizona Office of the Auditor General Performance Audit PDF download: 596kB • Visit the State of Arizona Office of the Auditor General Department of Public Safety Reports »
6 Wisconsin Department of Justice State Crime Laboratory DNA Collection and Submission: A Training Guide PDF download: 1.1MB • Visit the Wisconsin Department of Justice Crime Laboratory System »