HomeMy WebLinkAboutDNA Collection ProceduresIdaho
Department of
Correction
Standard
Operating
Procedure
Department-
Wide
Offender
Management
Control Number:
326.00.01.001
Version:
1.0
Page Number:
1 of 6
Adopted:
10-15-2010
Reviewed:
7-1-2013
Title:
DNA Collection Procedures
This document was approved by Brent Reinke, director of the Idaho Department of
Correction on 7/1/13 (signature on file).
BOARD OF CORRECTION IDAPA RULE NUMBER
None
POLICY STATEMENT NUMBER 326
DNA and Genetic Marker Database Program
DEFINITIONS
DNA Test Alert: An entry into the Corrections Integrated System (CIS) to indicate that an
offender is required to have a DNA (deoxyribonucleic acid) sample and a thumbprint
collected.
PURPOSE
The purpose of this standard operating procedure (SOP) is to provide guidance to staff in
the divisions of probation and parole; prisons; education, treatment, and reentry, and IDOC
Central Office for the collection and documentation of DNA (deoxyribonucleic acid) from
offenders in accordance with Idaho Code, Title 19, Chapter 55.
SCOPE
This SOP applies to all Idaho Department of Correction (IDOC) staff members involved in
the supervision and management of offenders who are under the jurisdiction of the IDOC.
RESPONSIBILITY
Division Chiefs
The respective division chiefs (or designees) are responsible for overseeing the
development and implementation of this SOP and for ensuring the guidelines and
procedures herein are followed.
Managers and Supervisors
Managers and supervisors are responsible for ensuring that all staff members involved
in the supervision and management of offenders practice the guidelines, standards, and
procedures provided herein.
Control Number:
326.00.01.001
Version:
1.0
Title:
DNA Collection Procedures
Page Number:
2 of 6
Staff Members
All staff members involved in the supervision and management of offenders are
responsible for practicing the guidelines, standards, and procedures provided herein.
Table of Contents
General Requirements ......................................................................................................... 2
1. Applicable Crimes .......................................................................................................... 2
2. Procedures: Division of Probation and Parole Specific ................................................... 2
When to Enter a DNA Alert into the Corrections Integrated System (CIS) ...................... 2
Running the “DNA Required” Report .............................................................................. 2
Collecting and Documenting the DNA Sample ................................................................ 3
3. Procedures: Division of Prisons Specific ......................................................................... 4
Refusal to Provide a DNA Sample .................................................................................. 5
Law Enforcement Agency’s Request for a DNA Sample ................................................. 5
Monitoring DNA Collections ............................................................................................ 5
References ........................................................................................................................... 5
GENERAL REQUIREMENTS
The IDOC shall adhere to the general policies and specific rules relating to Idaho DNA
Database Act of 1996.
1. Applicable Crimes
All offenders sentenced after June 30, 2013, are subject to DNA testing. If a question arises
regarding an offender convicted before July 1, 2013, contact the IDOC Central Records.
Central Records will retain a list of crimes that required testing before July 1, 2013.
2. Procedures: Division of Probation and Parole Specific
When to Enter a DNA Alert into the Corrections Integrated System (CIS)
During the sentence interpretation stage, the Central Records sentencing staff shall
enter a DNA Test caution in the DNA Test link of the CIS on all offenders placed on
probation on or after July 1, 2013, unless the crime qualified for DNA sampling under the
previous statute and a sample has been submitted.
Additional Samples - Upon notification from Idaho State Police Forensic Services that a
sample is not adequate for any reason, Central Records sentencing staff shall enter an
additional DNA Caution in the DNA Test link of the CIS.
Running the “DNA Required” Report
Each month, the district office administrative assistant (or designee) shall run the DNA
Required report from the CIS.
Offenders identified in the report shall be referred to their supervising probation and
parole officer (PPO) for the collection of a DNA sample.
Control Number:
326.00.01.001
Version:
1.0
Title:
DNA Collection Procedures
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Collecting and Documenting the DNA Sample
Interstate Compact Cases
Interstate compact cases accepted for supervision by the PPO shall be checked to see if
the offender is required to submit a DNA sample. (The PPO shall use the same
guidance provided in the above subsection titled When to Enter a DNA Alert into the
Corrections Integrated System [CIS] to determine if a DNA sample is required.) If a
sample is required, it must be collected within 10 working days of the offender’s
assignment to the PPO in accordance with Idaho statute 19-5507(7).
All Cases
When it is determined that the offender is required to submit a DNA sample, the
collection and documentation process is as follows:
Functional Roles and
Responsibilities Step
Tasks
Probation and Parole
Officer (PPO)
1
Review the Corrections Integrated System (CIS) to
ensure that a DNA sample needs to be collected.
• Sample needed—Using the sample collection kit
provided by the Idaho State Police (ISP), obtain a
sample from the offender during the intake process
or upon receiving a referral. The sample must be
collected within 10 working days of sentencing, in
accordance with Idaho statute 19-5507(6) and should
be collected during the offender’s check in or during
their orientation.
If a prior sample has already been obtained, then there is
no need for another sample to be taken. The process ends
here.
Caution: When the offender refuses to provide a DNA
sample, the supervising PPO shall take the appropriate
level of response in accordance with SOP 701.04.02.020,
Use of the Idaho Response Matrix.
PPO 2
After the sample is collected:
• Send the collection kit and the white copy of the
completed form to the ISP. Be sure to follow the
instructions provided.
• Forward the yellow and pink copies of the form to
your district support staff.
District Support Staff 3
Using the received copies of the form, enter the
information in DNA Test of the CIS. (The copies of the
form do not need to go in the offender’s central file and
therefore can be destroyed.)
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326.00.01.001
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1.0
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DNA Collection Procedures
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Note: Every effort must be made to collect a DNA sample before the offender leaves the
sending state. In the event a DNA sample cannot be collected before the offender leaves
the sending state, a DNA sample kit must be sent to the receiving state for the collection
of the sample. All samples must be collected within 10 days of reporting to the PPO in
accordance with Idaho statue 19-5507(7).
3. Procedures: Division of Prisons Specific
When an offender is committed as either a retained jurisdiction or term sentence, he shall be
required to submit a DNA sample. The collection and documentation process is as follows:
Functional Roles and
Responsibilities Step
Tasks
Central Records Unit
Staff 1
• Upon receiving a judgment of conviction or other notice
of conviction: Initiate an offender DNA test caution in
the CIS on those offenders convicted on or after
July 1, 2013, unless the crime qualified for DNA
sampling under the previous statute and a sample
has been submitted;
• Initiate an offender DNA test caution in the CIS on
all parole violators returning to IDOC custody on or
after July 1, 2013, unless the crime qualified for
DNA sampling under the previous statute;
• Initiate an offender DNA test caution in the CIS on
any offender, entering the Division of Prison system
after July 1, 2013, unless a DNA sample was
previously collected; and
• Additional Samples: Upon notification from Idaho State
Police Forensic Services that a sample is not adequate
for any reason, Central Records sentencing staff
shall enter an additional DNA Test Caution in the
DNA Test link of the CIS and will notify the facility
where the offender is housed.
Reception/Diagnostic
Unit (RDU) Staff 2
During the RDU process,
• Review the CIS-generated DNA Tests report from
the Cautions/Hold Report link in the CIS and
collect a DNA sample from each offender listed
on the report.
• Send the collection kit and the completed form to the
ISP. Be sure to follow the instructions provided.
• Enter the information into the DNA test module of
the CIS.
Control Number:
326.00.01.001
Version:
1.0
Title:
DNA Collection Procedures
Page Number:
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Refusal to Provide a DNA Sample
If an offender refuses to provide a DNA sample, the following steps shall be taken:
• Give the offender an order to comply; and
• If the offender refuses to provide a sample, immediately place the offender in
restraints, move the offender to a secure location (if necessary), and collect a
sample (while the offender is still in restraints) using the minimum amount of force
necessary. (If force is used, document the event in accordance with SOP
307.02.01.001, Use of Force: Prisons and Community Reentry Centers [CRCs].)
When an offender refuses to comply, take disciplinary action in accordance with
SOP 318.02.01.001, Disciplinary Procedures: Offender
Caution: If the offender appears to have a mental health issue, ensure that a mental
health professional attempts to talk the offender into compliance before a planned use of
force is implemented.
Law Enforcement Agency’s Request for a DNA Sample
If a law enforcement agency requests a DNA sample on an offender, collect the sample
in accordance with this SOP. The law enforcement agency must have a warrant
authorizing the collection of a sample.
Monitoring DNA Collections
The Offender Placement Group shall monitor the offender population to ensure that a
DNA sample collection is kept current using the following steps:
Functional Roles and
Responsibilities Step Tasks
Offender Placement
Group 1
• On the first Monday of every third month, run the
DNA Tests report from the Caution/Hold report
link in the Corrections Integrated System (CIS)
for all facilities; and
• Notify the facility head (or designee) of any offender
listed on the report.
Facility Head (or
designee) 2 Ensure that a DNA sample is collected as described in
section 3, process steps.
Facility Head (or
designee) 3 When the collection process has been completed, notify the
Offender Placement Group.
REFERENCES
Idaho Code, Section 19-5506, Scope of Law—Offenders Subject to Sample Collection—
Early Collection of Samples—Restitution
Idaho Code, Section 19-5507, Responsibility for Sample Collection—Timing of Sample
Collection—Site for Sample Collection
Idaho Code, Title 19, Chapter 55, The Idaho DNA Database Act of 1996
Control Number:
326.00.01.001
Version:
1.0
Title:
DNA Collection Procedures
Page Number:
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Standard Operating Procedure 307.02.01.001, Use of Force: Prisons and Community
Reentry Centers (CRCs)
Standard Operating Procedure 318.02.01.001, Disciplinary Procedures: Inmates
Standard Operating Procedure 701.04.02.020, Use of the Idaho Response Matrix:
Community Corrections
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