Offender Collection Statutes

Sex Offender Gaps

If a comparison of a state’s registered sex offender database to the CODIS database reveals a gap, those offenders will likely fall into one of the following categories:

• Offender was convicted before legislation took effect and moved to registering state
• Offender transferred pursuant to the interstate compact and a sample for DNA analysis was not collected
• Offender was covered by state law, but a specimen was not collected
• Offender was not covered by state law⁹

Offender Was Convicted Before Legislation Took Effect

Only retroactive legislation will require this category of offenders to submit a sample for DNA analysis. Most states allow persons to submit a specimen by consent. In the absence of state law, consent is the only vehicle by which this sample will be entered into the database. Coordination with the state crime laboratory is essential in consent submission.⁶

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 »
⁹ Wisconsin Department of Justice DNA Biological Specimen Collection Initiative Letter PDF download: 236kMB • Summary »