[§844D-34]  Collection from persons confined
or in custody after conviction or adjudication.  A person, except for any
juvenile, shall provide buccal swab samples and print impressions and, if
required by the collecting agency's rules or internal regulations, blood
specimens, immediately at intake, or during the prison reception center
process, or as soon as administratively practicable at the appropriate
custodial or receiving institution or program if:



(1)  The person is imprisoned or confined or placed in
a state correctional facility, a county correctional facility, the department
of public safety, a residential treatment program, or any state, county,
private, or other facility after a conviction of any felony offense;



(2)  The person has a record of any past or present
conviction of a qualifying offense described in section 844D-31 or has a record
of any past or present conviction or adjudication in any other court, including
any state, federal, or military court, of any offense, that, if committed or attempted
in this State, would have been punishable as an offense described in section
844D-31; and



(3)  The person's blood specimens or buccal swab
samples, and print impressions authorized by this chapter are not in the
possession of the department or have not been recorded as part of the state DNA
database and data bank identification program. [L 2005, c 112, pt of §1]