TITLE 19

CRIMINAL PROCEDURE

CHAPTER 55

THE IDAHO DNA DATABASE ACT OF 1996

19-5507.  RESPONSIBILITY FOR SAMPLE COLLECTION — TIMING OF SAMPLE COLLECTION — SITE FOR SAMPLE COLLECTION. (1) Process for collection. The process for collection of DNA samples and thumbprint impressions from persons subject to the provisions of this chapter shall be as provided in this section.

(2)  Order for collection prior to sentencing. Where a person subject to the provisions of this chapter has been convicted of or pleaded guilty to a serious crime but has not yet been sentenced, the prosecuting attorney, attorney general, or Idaho state police may, at the time of conviction or guilty plea or thereafter, apply to the court for an order requiring the person to submit a DNA sample and thumbprint impression prior to sentencing. The court shall order a sample and impression to be taken prior to sentencing upon a showing that early collection is in the best interest of justice. The DNA sample and thumbprint impression shall be collected in accordance with procedures established by the bureau of forensic services. The director may designate a state correctional facility or county jail for such collection.

(3)  Order for collection at sentencing. Except as otherwise provided in this section, in every case in which any person, including any juvenile tried as an adult, who has been convicted of or pleaded guilty to a serious crime, the court shall, at the time of sentencing, order the person to submit a DNA sample and thumbprint impression to the bureau of forensic services, and order the collection of such sample and impression as set forth in this section.

(a)  Persons to be released following sentencing.

(i)   The court shall order any person subject to the provisions of this chapter who is incarcerated at the time of sentencing and who has not previously provided a DNA sample and thumbprint impression to provide such sample and impression at an Idaho state police-designated sample collection location prior to physical release from custody.

(ii)  At the time of sentencing, the court shall order any person subject to the provisions of this chapter who is not incarcerated, who has not previously provided a DNA sample and thumbprint impression, and who is granted probation or other supervised or conditional release following sentencing to report before the end of the following business day to provide a DNA sample and thumbprint impression at an Idaho state police-designated sample collection location.

(b)  Persons committed to county jails or other local detention facilities at sentencing. At the time of sentencing, the court shall order any person subject to the provisions of this chapter who has not previously submitted a DNA sample and thumbprint impression and who is sentenced to a period of incarceration in a county jail or other local detention facility to provide a DNA sample and thumbprint impression, and the court shall order the chief administrative officer of such jail or facility to cause a DNA sample and thumbprint impression to be collected from the person as soon as possible during the intake process at the facility, or immediately thereafter at another facility designated for such collections, but in all cases, no later than ten (10) days after the person’s arrival at the jail or facility.

(c)  Persons committed to the department of correction or department of juvenile corrections at sentencing. At the time of sentencing, the court shall order any person subject to the provisions of this chapter who has not previously submitted a DNA sample and thumbprint impression and who is committed to the custody of the department of correction or department of juvenile corrections to submit a DNA sample and thumbprint impression as directed by the director of the department of correction or department of juvenile corrections, and the court shall order the chief administrative officer at the designated reception center to cause a DNA sample and thumbprint impression to be collected from the person during the intake process at the reception center designated by the director of the department of correction or department of juvenile corrections as soon as possible, but no later than ten (10) days after the person’s arrival at the facility.

(4)  Incarcerated persons who have not submitted a DNA sample or thumbprint impression. Any person subject to the provisions of this chapter who is serving a term of imprisonment or confinement in a local, county, or state jail, prison, or other correctional facility and who did not, for any reason, including oversight or error, provide a DNA sample and thumbprint impression to the bureau of forensic services shall provide such sample and impression, and the administrator of the jail, prison, or other correctional facility in which such person is confined shall cause the sample and impression to be collected as soon as practicable, but in any event no later than ten (10) days following notice from the bureau of forensic services that the person has not previously submitted the sample and impression, or prior to final discharge, probation, parole, or release from imprisonment or confinement, whichever is earlier. A person who was convicted of any felony crime, the attempt to commit any felony crime, or any crime that requires sex offender registration pursuant to sections 18-8304 and 18-8410, Idaho Code, prior to the effective date of this chapter is not exempt from these requirements.

(5)  Persons on parole following incarceration. Prior to release on parole, any person subject to the provisions of this chapter must have submitted a DNA sample and thumbprint impression to the bureau of forensic services. It shall be a condition of parole that any person subject to the provisions of this chapter who has not, for any reason, including oversight or error, previously provided a DNA sample and thumbprint impression and who is released on parole shall, upon notice by the bureau of forensic services, a law enforcement agency, or an agent of the department of correction, be required to provide a DNA sample and thumbprint impression if such sample and thumbprint impression are not in the possession of the bureau of forensic services. Such person shall be required to have the sample and impression taken within ten (10) working days of such notice at an Idaho state police-designated sample collection location.

(6)  Persons returned to state or local correctional facilities, jails, or other detention facilities following supervised or conditional release. Any person subject to the provisions of this chapter who was released on parole, probation, furlough, or other supervised or conditional release, who is returned to a state or local juvenile or adult correctional facility for any reason, and who has not previously provided a DNA sample and thumbprint impression shall provide a sample and impression upon returning to the state or local correctional facility. The chief administrative officer of such facility shall cause the sample and impression to be taken as soon as possible, but no later than ten (10) days following notice from the bureau of forensic services or discovery that the person has not yet provided a sample and impression, or prior to final discharge, parole, or release from imprisonment or confinement, whichever is earlier.

(7)(a)  Persons in Idaho pursuant to interstate agreement. When the state accepts an offender from another state under any interstate compact or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the offender is confined or released, the acceptance is conditional on the offender providing a DNA sample and thumbprint impression if the offender was convicted of or pleaded guilty to an offense that would qualify as a serious crime, as defined in section 19-5502(10), Idaho Code, or if the offender was convicted of an equivalent offense in any other jurisdiction, regardless of the form of judgement or withheld judgement, and regardless of the sentence imposed or disposition rendered.

(b)  If the offender from another state is not confined, the offender must provide the sample and impression required by this chapter within ten (10) days after the offender reports to the supervising agent or within ten (10) days of notice to the offender from the bureau of forensic services, any law enforcement agency, or the offender’s supervising agency, whichever occurs first. The offender shall report to an Idaho state police-designated sample collection facility or facilities to have the sample and impression taken.

(c)  If the offender from another state is confined in a state, county, or local correctional facility, jail, or other detention facility, the offender shall provide, and the administrative officer of such facility shall cause to be collected, the DNA sample and thumbprint impression as soon as practicable but no later than ten (10) days after the offender is received into such jail or facility, or ten (10) days following notice from the bureau of forensic services that the person has not yet provided a sample and impression, whichever is earlier, and in all cases, before completion of the offender’s term of imprisonment or discharge from that facility, whichever is earlier.

(8)  Persons previously convicted of or pleading guilty to a serious crime. Any person, including any juvenile tried as an adult, who was previously convicted of or pleaded guilty to a serious crime, as defined in section 19-5502(10), Idaho Code, whether or not that person is incarcerated, who has not provided a DNA sample and thumbprint impression for any reason, including the person’s release prior to the enactment of this chapter, an oversight or error, or because of the person’s transfer from another jurisdiction, shall provide a DNA sample and thumbprint impression for inclusion in the state’s DNA database and databank within ten (10) working days of such person being notified of this requirement by the Idaho state police, the department of correction, any law enforcement officer, or an officer of the court. The samples and impressions shall be collected in a facility designated by the Idaho state police.

(9)  Verification. The collection facility and sex offender registration location shall verify that the individual’s DNA sample has been collected in Idaho. The collection facility shall not be required to collect a DNA sample if it can be verified that a sample already exists for the individual in the Idaho DNA database.

History:

[19-5507, added 2026, ch. 40, sec. 6, p. 171.]