Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Dna Profiling

POLICY

This policy applies to all Fifth Judicial District Department of Correctional Services staff involved in the facilitation of the collection of DNA samples and shall be maintained current by the District Director or designee.

An offender placed on any type of supervision under the Department of Correctional Services shall immediately report to the Judicial District Department of Correctional Services so it can be determined if the offender has ever been convicted of an offense requiring DNA profiling. If it is determined by the judicial district that DNA profiling is required, the offender shall immediately submit a DNA sample.

The Fifth Judicial District Department of Correctional Services will facilitate the collection of DNA samples from those offenders as noted below to meet the requirements of Iowa Code Section 81:

DEFINITIONS

  1. DNA - A pattern of genetic code found in the nuclei of cells which is the basic building block of life.
  2. DNA Profiling - A procedure in which a sample is taken from the offender sufficient to allow DNA profiling tests. This sample will be obtained by use of a swab kit by trained personnel.

PROCEDURES

  1. For each new case received, assigned staff shall research if the offender has ever been convicted of a felony in Iowa or any other jurisdiction. The intake officer will perform this task for new sign-ups in the District. DNA sampling applies to interstate compact cases also. If the offender has been convicted of a felony in Iowa or any other jurisdiction, a check must be made to determine if a sample was taken previously. DNA sampling includes current or past felony convictions. (Offenders under this district's supervision for a misdemeanor with a previous felony conviction must submit to a sample).
    1. Request the sample during an initial or early face to face contact.
    2. If the offender refuses to provide the sample, advise the offender that the sample is mandated by Iowa Code Section 81 and must be provided at the next face to face contact, (set the next contact date) and if again refused or if the offender fails to appear, a Civil Contempt Affidavit will be filed with the County Attorney.
    3. Also advise that a second refusal is sufficient reason to file a Revocation Report with the court.
  2. Collection of Sample
    1. Only trained personnel shall collect DNA samples.
      1. The Department of Corrections will provide the necessary kits in order to obtain the required DNA samples.
      2. Staff collecting the sample shall follow collection, documentation and chain of custody procedures contained in the collection kit. Note: DNA samples collected are sent to the DCI and stored there.
    2. An ICON entry in the DNA screen under Core Information shall be made by the staff person who collects the DNA and made on the same day the sample is taken. This will include the work unit region, work unit and the required date (in most cases the date of conviction). Enter the kit number in the comment section in ICON and also enter the reason for the DNA collection if it is not clear in ICON that a DNA sample is required. Document refusals in the ICON DNA screen with a further explanation in Generic Notes.
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