State Codes and Statutes

Statutes > Utah > Future-title-53 > Chapter-10 > 53-10-404-effective-01-01-11

53-10-404 (Effective 01/01/11). DNA specimen analysis -- Requirement to obtainthe specimen.
(1) As used in this section, "person" refers to any person as 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 theagency responsible for obtaining the DNA specimen $150 for the cost of obtaining the DNAspecimen unless:
(i) the person was booked under Section 53-10-403 and is not required to reimburse theagency under Section 53-10-404.5; or
(ii) the agency determines the person lacks the ability to pay.
(b) (i) (A) The responsible agencies shall establish guidelines and procedures fordetermining if the person is able to pay the fee.
(B) An agency's implementation of Subsection (2)(b)(ii) meets an agency's obligation todetermine an inmate's ability to pay.
(ii) An agency's guidelines and procedures may provide for the assessment of $150 onthe inmate's county trust fund account and may allow a negative balance in the account until the$150 is paid in full.
(3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNASpecimen Restricted Account created in Section 53-10-407, except that the agency collecting thefee may retain not more than $25 per individual specimen for the costs of obtaining the salivaDNA specimen.
(ii) The agency collecting the $150 fee may not retain from each separate fee more than$25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
(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 agency may use reasonable force, as established by its guidelines andprocedures, to collect the DNA sample if the person refuses to cooperate with the collection.
(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) (i) Under this section a person is required to provide one DNA specimen and pay thecollection fee as required under this section.
(ii) The person shall provide an additional DNA specimen only if the DNA specimenpreviously provided is not adequate for analysis.
(iii) The collection fee is not imposed for a second or subsequent DNA specimencollected under this section.
(f) Any agency that is authorized to obtain a DNA specimen under this part may collectany outstanding amount of a fee due under this section from any person who owes any portion ofthe fee and deposit the amount in the DNA Specimen Restricted Account created in Section53-10-407.
(4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon aspossible and transferred to the Department of Public Safety:
(i) after a conviction or a finding of jurisdiction by the juvenile court; and

(ii) on and after January 1, 2011, after the booking of a person for any offense underSubsection 53-10-403(1)(c).
(b) If notified by the Department of Public Safety that a DNA specimen is not adequatefor analysis, the agency shall, as soon as possible:
(i) obtain and transmit an additional DNA specimen; or
(ii) request that another agency that has direct access to the person and that is authorizedto collect DNA specimens under this section collect the necessary second DNA specimen andtransmit it to the Department of Public Safety.
(c) Each agency that is responsible for collecting DNA specimens under this section shallestablish:
(i) a tracking procedure to record the handling and transfer of each DNA specimen itobtains; and
(ii) a procedure to account for the management of all fees it collects under this section.
(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 supervisionof the Department of Corrections;
(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; and
(iii) on and after January 1, 2011, are booked at the county jail for any offense underSubsection 53-10-403(1)(c).
(d) Each agency required to collect a DNA specimen under this section shall:
(i) designate employees to obtain the saliva DNA specimens required under this section;and
(ii) ensure that employees designated to collect the DNA specimens receive appropriatetraining and that the specimens are obtained in accordance with generally 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 of

probation if the person is placed on probation.
(c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)is:
(i) first, persons on probation;
(ii) second, persons on parole; and
(iii) third, 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):
(i) "Court" means the juvenile court.
(ii) "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 thissection, 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, if possible, but not later than prior to termination of the court's jurisdiction over theminor.
(8) (a) The Department of Corrections, the juvenile court, the Division of JuvenileJustice Services, and all law enforcement agencies in the state shall by policy establishprocedures for obtaining saliva DNA specimens, and shall provide training for employeesdesignated to collect saliva DNA specimens.
(b) (i) The department may designate correctional officers, including those employed bythe adult probation and parole section of the department, to obtain the saliva DNA specimensrequired under this section.
(ii) The department shall ensure that the designated employees receive appropriatetraining and that the specimens are obtained in accordance with accepted protocol.
(c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.

Amended by Chapter 405, 2010 General Session

State Codes and Statutes

Statutes > Utah > Future-title-53 > Chapter-10 > 53-10-404-effective-01-01-11

53-10-404 (Effective 01/01/11). DNA specimen analysis -- Requirement to obtainthe specimen.
(1) As used in this section, "person" refers to any person as 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 theagency responsible for obtaining the DNA specimen $150 for the cost of obtaining the DNAspecimen unless:
(i) the person was booked under Section 53-10-403 and is not required to reimburse theagency under Section 53-10-404.5; or
(ii) the agency determines the person lacks the ability to pay.
(b) (i) (A) The responsible agencies shall establish guidelines and procedures fordetermining if the person is able to pay the fee.
(B) An agency's implementation of Subsection (2)(b)(ii) meets an agency's obligation todetermine an inmate's ability to pay.
(ii) An agency's guidelines and procedures may provide for the assessment of $150 onthe inmate's county trust fund account and may allow a negative balance in the account until the$150 is paid in full.
(3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNASpecimen Restricted Account created in Section 53-10-407, except that the agency collecting thefee may retain not more than $25 per individual specimen for the costs of obtaining the salivaDNA specimen.
(ii) The agency collecting the $150 fee may not retain from each separate fee more than$25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
(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 agency may use reasonable force, as established by its guidelines andprocedures, to collect the DNA sample if the person refuses to cooperate with the collection.
(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) (i) Under this section a person is required to provide one DNA specimen and pay thecollection fee as required under this section.
(ii) The person shall provide an additional DNA specimen only if the DNA specimenpreviously provided is not adequate for analysis.
(iii) The collection fee is not imposed for a second or subsequent DNA specimencollected under this section.
(f) Any agency that is authorized to obtain a DNA specimen under this part may collectany outstanding amount of a fee due under this section from any person who owes any portion ofthe fee and deposit the amount in the DNA Specimen Restricted Account created in Section53-10-407.
(4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon aspossible and transferred to the Department of Public Safety:
(i) after a conviction or a finding of jurisdiction by the juvenile court; and

(ii) on and after January 1, 2011, after the booking of a person for any offense underSubsection 53-10-403(1)(c).
(b) If notified by the Department of Public Safety that a DNA specimen is not adequatefor analysis, the agency shall, as soon as possible:
(i) obtain and transmit an additional DNA specimen; or
(ii) request that another agency that has direct access to the person and that is authorizedto collect DNA specimens under this section collect the necessary second DNA specimen andtransmit it to the Department of Public Safety.
(c) Each agency that is responsible for collecting DNA specimens under this section shallestablish:
(i) a tracking procedure to record the handling and transfer of each DNA specimen itobtains; and
(ii) a procedure to account for the management of all fees it collects under this section.
(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 supervisionof the Department of Corrections;
(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; and
(iii) on and after January 1, 2011, are booked at the county jail for any offense underSubsection 53-10-403(1)(c).
(d) Each agency required to collect a DNA specimen under this section shall:
(i) designate employees to obtain the saliva DNA specimens required under this section;and
(ii) ensure that employees designated to collect the DNA specimens receive appropriatetraining and that the specimens are obtained in accordance with generally 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 of

probation if the person is placed on probation.
(c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)is:
(i) first, persons on probation;
(ii) second, persons on parole; and
(iii) third, 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):
(i) "Court" means the juvenile court.
(ii) "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 thissection, 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, if possible, but not later than prior to termination of the court's jurisdiction over theminor.
(8) (a) The Department of Corrections, the juvenile court, the Division of JuvenileJustice Services, and all law enforcement agencies in the state shall by policy establishprocedures for obtaining saliva DNA specimens, and shall provide training for employeesdesignated to collect saliva DNA specimens.
(b) (i) The department may designate correctional officers, including those employed bythe adult probation and parole section of the department, to obtain the saliva DNA specimensrequired under this section.
(ii) The department shall ensure that the designated employees receive appropriatetraining and that the specimens are obtained in accordance with accepted protocol.
(c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.

Amended by Chapter 405, 2010 General Session


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State Codes and Statutes

Statutes > Utah > Future-title-53 > Chapter-10 > 53-10-404-effective-01-01-11

53-10-404 (Effective 01/01/11). DNA specimen analysis -- Requirement to obtainthe specimen.
(1) As used in this section, "person" refers to any person as 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 theagency responsible for obtaining the DNA specimen $150 for the cost of obtaining the DNAspecimen unless:
(i) the person was booked under Section 53-10-403 and is not required to reimburse theagency under Section 53-10-404.5; or
(ii) the agency determines the person lacks the ability to pay.
(b) (i) (A) The responsible agencies shall establish guidelines and procedures fordetermining if the person is able to pay the fee.
(B) An agency's implementation of Subsection (2)(b)(ii) meets an agency's obligation todetermine an inmate's ability to pay.
(ii) An agency's guidelines and procedures may provide for the assessment of $150 onthe inmate's county trust fund account and may allow a negative balance in the account until the$150 is paid in full.
(3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNASpecimen Restricted Account created in Section 53-10-407, except that the agency collecting thefee may retain not more than $25 per individual specimen for the costs of obtaining the salivaDNA specimen.
(ii) The agency collecting the $150 fee may not retain from each separate fee more than$25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
(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 agency may use reasonable force, as established by its guidelines andprocedures, to collect the DNA sample if the person refuses to cooperate with the collection.
(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) (i) Under this section a person is required to provide one DNA specimen and pay thecollection fee as required under this section.
(ii) The person shall provide an additional DNA specimen only if the DNA specimenpreviously provided is not adequate for analysis.
(iii) The collection fee is not imposed for a second or subsequent DNA specimencollected under this section.
(f) Any agency that is authorized to obtain a DNA specimen under this part may collectany outstanding amount of a fee due under this section from any person who owes any portion ofthe fee and deposit the amount in the DNA Specimen Restricted Account created in Section53-10-407.
(4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon aspossible and transferred to the Department of Public Safety:
(i) after a conviction or a finding of jurisdiction by the juvenile court; and

(ii) on and after January 1, 2011, after the booking of a person for any offense underSubsection 53-10-403(1)(c).
(b) If notified by the Department of Public Safety that a DNA specimen is not adequatefor analysis, the agency shall, as soon as possible:
(i) obtain and transmit an additional DNA specimen; or
(ii) request that another agency that has direct access to the person and that is authorizedto collect DNA specimens under this section collect the necessary second DNA specimen andtransmit it to the Department of Public Safety.
(c) Each agency that is responsible for collecting DNA specimens under this section shallestablish:
(i) a tracking procedure to record the handling and transfer of each DNA specimen itobtains; and
(ii) a procedure to account for the management of all fees it collects under this section.
(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 supervisionof the Department of Corrections;
(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; and
(iii) on and after January 1, 2011, are booked at the county jail for any offense underSubsection 53-10-403(1)(c).
(d) Each agency required to collect a DNA specimen under this section shall:
(i) designate employees to obtain the saliva DNA specimens required under this section;and
(ii) ensure that employees designated to collect the DNA specimens receive appropriatetraining and that the specimens are obtained in accordance with generally 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 of

probation if the person is placed on probation.
(c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)is:
(i) first, persons on probation;
(ii) second, persons on parole; and
(iii) third, 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):
(i) "Court" means the juvenile court.
(ii) "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 thissection, 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, if possible, but not later than prior to termination of the court's jurisdiction over theminor.
(8) (a) The Department of Corrections, the juvenile court, the Division of JuvenileJustice Services, and all law enforcement agencies in the state shall by policy establishprocedures for obtaining saliva DNA specimens, and shall provide training for employeesdesignated to collect saliva DNA specimens.
(b) (i) The department may designate correctional officers, including those employed bythe adult probation and parole section of the department, to obtain the saliva DNA specimensrequired under this section.
(ii) The department shall ensure that the designated employees receive appropriatetraining and that the specimens are obtained in accordance with accepted protocol.
(c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.

Amended by Chapter 405, 2010 General Session


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