53-10-404 (Superseded 01/01/11) - DNA specimen analysis -- Requirement to obtain the specimen. - Utah Statutes

53-10-404 (Superseded 01/01/11). DNA specimen analysis -- Requirement to obtainthe specimen.
(1) As used in this section, "person" refers to any person described under Section53-10-403.
(2) (a) A person under Section 53-10-403 or any person added to the sex offenderregister as defined in Section 77-27-21.5 shall provide a DNA specimen and shall reimburse theresponsible agency $100 for the cost of obtaining the DNA specimen unless the agencydetermines the person lacks the ability to pay.
(b) (i) The responsible agencies shall establish guidelines and procedures for determiningif the person is able to pay the fee. An agency's implementation of Subsection (2)(b)(ii) meets anagency's obligation to determine an inmate's ability to pay.
(ii) An agency's guidelines and procedures may provide for the assessment of $100 onthe inmate's county trust fund account and may allow a negative balance in the account until the$100 is paid in full.
(3) (a) All fees collected under Subsection (2) shall be deposited in the DNA SpecimenRestricted Account created in Section 53-10-407, except that sheriffs collecting the fee shalldeposit $80 of the fee in the DNA Specimen Restricted Account and retain the balance of $20 forthe costs of obtaining the saliva DNA specimen.
(b) The responsible agency shall determine the method of collecting the DNA specimen. Unless the responsible agency determines there are substantial reasons for using a differentmethod of collection or the person refuses to cooperate with the collection, the preferred methodof collection shall be obtaining a saliva specimen.
(c) The responsible agencies may use reasonable force, as established by their individualguidelines and procedures, to collect the DNA sample if the person refuses to cooperate with thecollection.
(d) If the judgment places the person on probation, the person shall submit to theobtaining of a DNA specimen as a condition of the probation.
(e) Under this section a person is required to provide one DNA specimen. The personshall provide an additional DNA specimen only if the DNA specimen previously provided is notadequate for analysis.
(4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon aspossible after conviction, plea, or finding of jurisdiction by the juvenile court, and transmitted tothe Department of Public Safety.
(b) If notified by the Department of Public Safety that a DNA specimen is not adequatefor analysis, the agency shall obtain and transmit an additional DNA specimen.
(5) (a) The Department of Corrections is the responsible agency whenever the person iscommitted to the custody of or is under the supervision of the Department of Corrections.
(b) The juvenile court is the responsible agency regarding a minor under Subsection53-10-403(3), but if the minor has been committed to the legal custody of the Division ofJuvenile Justice Services, that division is the responsible agency if a DNA specimen of the minorhas not previously been obtained by the juvenile court under Section 78A-6-117.
(c) The sheriff operating a county jail is the responsible agency regarding the collectionof DNA specimens from persons who:
(i) have pled guilty to or have been convicted of an offense listed under Subsection53-10-403(2) but who have not been committed to the custody of or are not under the supervision

of the Department of Corrections; and
(ii) are incarcerated in the county jail:
(A) as a condition of probation for a felony offense; or
(B) for a misdemeanor offense for which collection of a DNA specimen is required.
(d) The sheriff under Subsection (5)(c) shall:
(i) designate employees to obtain the saliva DNA specimens required under Section53-10-403; and
(ii) ensure that employees designated to collect the DNA specimens receive appropriatetraining and that the specimens are obtained in accordance with accepted protocol.
(6) (a) As used in this Subsection (6), "department" means the Department ofCorrections.
(b) Priority of obtaining DNA specimens by the department is:
(i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custodyof or under the supervision of the department before these persons are released fromincarceration, parole, or probation, if their release date is prior to that of persons underSubsections (6)(b)(ii), but in no case later than July 1, 2004; and
(ii) second, the department shall obtain DNA specimens from persons who arecommitted to the custody of the department or who are placed under the supervision of thedepartment after July 1, 2002, within 120 days after the commitment, if possible, but not laterthan prior to release from incarceration if the person is imprisoned, or prior to the termination ofprobation if the person is placed on probation.
(c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)is:
(i) persons on probation;
(ii) persons on parole; and
(iii) incarcerated persons.
(d) Implementation of the schedule of priority under Subsection (6)(c) is subject to thepriority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNAspecimens from persons in the custody of or under the supervision of the Department ofCorrections as of July 1, 2002, prior to their release.
(7) (a) As used in this Subsection (7), "court" means the juvenile court and "division"means the Division of Juvenile Justice Services.
(b) Priority of obtaining DNA specimens by the court from minors under Section53-10-403 who are under the jurisdiction of the court but who are not in the legal custody of thedivision shall be:
(i) first, to obtain specimens from minors who as of July 1, 2002, are within the court'sjurisdiction, prior to termination of the court's jurisdiction over these minors; and
(ii) second, to obtain specimens from minors who are found to be within the court'sjurisdiction after July 1, 2002, within 120 days of the minor's being found to be within the court'sjurisdiction, if possible, but not later than prior to termination of the court's jurisdiction over theminor.
(c) Priority of obtaining DNA specimens by the division from minors under Section53-10-403 who are committed to the legal custody of the division shall be:
(i) first, to obtain specimens from minors who as of July 1, 2002, are within thedivision's legal custody and who have not previously provided a DNA specimen under this

section, prior to termination of the division's legal custody of these minors; and
(ii) second, to obtain specimens from minors who are placed in the legal custody of thedivision after July 1, 2002, within 120 days of the minor's being placed in the custody of thedivision, jurisdiction, if possible, but not later than prior to termination of the court's jurisdictionover the minor.
(8) (a) The Department of Corrections, the juvenile court, and the Division of JuvenileJustice Services shall by policy establish procedures for obtaining saliva DNA specimens, andshall provide training for employees designated to collect saliva DNA specimens.
(b) The department may designate correctional officers, including those employed by theadult probation and parole section of the Department of Corrections, to obtain the saliva DNAspecimens required under this section. The department shall ensure that the designatedemployees receive appropriate training and that the specimens are obtained in accordance withaccepted protocol.
(c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.

Amended by Chapter 3, 2008 General Session