TITLE: Dna Profiling
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:
- All offenders convicted or previously convicted of a Felony in Iowa or any other jurisdiction including a person who receives a deferred judgment for a Felony are required to provide a DNA sample prior to release or discharge from correctional supervision.
- A person determined to be a sexually violent predator pursuant to Section 229A.
- A person found not guilty by reason of insanity of an offense that requires DNA profiling shall submit a DNA sample as part of the person's treatment management program.
- A juvenile adjudicated delinquent of an offense that requires DNA profiling of an adult offender shall submit a DNA sample as part of the disposition of the juvenile's case.
- A person required to register as a sex offender for offenses noted in Iowa Code Section 692A.1 and outlined below:
- Conviction for any of the following offenses:
- Sexual abuse in the first degree
- Sexual abuse in the second degree
- Sexual abuse in the third degree
- Lascivious acts with a child
- Assault with intent to commit sexual abuse
- Burglary in the first degree (see Iowa Code 713.31d)
- Kidnapping, if sexual abuse is committed during the offense
- Murder, if sexual abuse is committed during the offense.
- Criminal transmission of human immunodeficiency virus
- Any of the following criminal offenses or conduct against a minor.
- Kidnapping of a minor, except for the kidnapping of a minor in the third degree committed by a parent.
- False imprisonment of a minor, except if committed by a parent.
- Any indictable offense involving sexual conduct directed toward a minor.
- Solicitation of a minor to engage in an illegal sex act.
- Use of a minor in a sexual performance.
- Solicitation of a minor to practice prostitution.
- Any indictable offense against a minor involving sexual contact with the minor.
- An attempt to commit an offense enumerated in this subsection.
- Incest committed against a minor.
- Dissemination and exhibition of obscene material to minors.
- Admitting minors to premises where obscene material is exhibited .
- Stalking in violation of section 708.11 , subsection 3, paragraph "b" , subparagraph (3), if the fact-finder determines by clear and convincing evidence that the offense was sexually motivated.
- Sexual exploitation of a minor.
- Enticing away a minor.
- An indictable offense committed in another jurisdiction which would constitute an indictable offense under paragraphs "A" through "N .
- Other relevant offenses:
- Telephone dissemination of obscene materials.
- Rental or sale of hard-core pornography.
- Indecent exposure.
- Incest committed against a dependent adult.
- A criminal offense committed in another jurisdiction which would constitute an indictable offense under paragraphs "A" through "D" if committed in this state.
- Sexually violent offenses:
- Sexual abuse.
- Assault with intent to commit sexual abuse.
- Sexual misconduct with offenders.
- Any of the following offenses, if the offense involves sexual abuse or attempted sexual abuse: murder,
attempted murder, kidnapping, burglary, or manslaughter.
- A criminal offense committed in another jurisdiction which would constitute an indictable offense
under paragraphs "A" through "D" if committed in this state.
- DNA - A pattern of genetic code found in the nuclei of cells which is the basic building block of life.
- 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.
- 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).
- Request the sample during an initial or early face to face contact.
- 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.
- Also advise that a second refusal is sufficient reason to file a Revocation Report with the
- Collection of Sample
- Only trained personnel shall collect DNA samples.
- The Department of Corrections will provide the necessary kits in order to obtain the required DNA samples.
- 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.
- 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.