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May the Government constitutionally compel a DNA sample by prison staff or as a mandatory condition of supervised release?

NY Defender Digest

| August 29, 2003 | COPYRIGHT 2002 Aspen Publishers, Inc. (Hide copyright information)Copyright

In 2000 Congress passed the DNA Analysis Backlog Elimination Act, which granted authority for collection of DNA sample from persons convicted of Federal crimes of violence, murder, manslaughter, robbery, sex offenses and burglary (or while in the military) and authorized them to be included in CODIS (Combined DNA Index System).

Under CODIS, the FBI allows state and local forensics labs to exchange and compare electronic DNA profiles to match crime scene evidence to convicted offenders on file in the system. See, 42 USC [section] 14135(a)(1). The Act also provides that DNA samples be collected by the Bureau of Prisons once an inmate arrives at the facility.

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