Getting a post-sentence DNA sample

A judge will be given permission to order an offender who did not submit a required DNA sample to provide one even if the offender’s sentence has expired.

Sponsored by Rep. Karla Bigham (DFL-Cottage Grove) and Sen. Linda Scheid (DFL-Brooklyn Park), the new law is designed to correct a technical glitch that sometimes occurs when an offender convicted of a felony is supposed to provide a DNA sample. Signed April 22 by Gov. Tim Pawlenty, it takes effect Aug. 1, 2010.

Since 2005, all convicted adult felons, adjudicated juvenile felons and felon offenders transferred into Minnesota from another state must provide a DNA sample for testing. If the court doesn’t order it, the probation department is supposed to collect a sample. However, if no one makes the order, there is no current remedy to get a sample.

David Brown, an assistant Hennepin County attorney, told a House division that an estimated 10 percent to 20 percent of offenders do not provide the required sample. Bigham said Wisconsin does this, and it has led to the solving of some cold cases.

The order to show cause shall direct the offender to appear before the court within 30 days, unless a specimen is provided. Upon the offender’s appearance, the court may issue an order directing the offender to provide the specimen. If an offender fails to provide a specimen or appear in court, an order requiring the offender to submit a specimen within 30 days at a designated location can be issued, and a peace officer would be authorized to detain and bring the offender before the court to show cause why the specimen should not be produced.

The sample will be provided through a painless cheek swab.

HF3447/ SF3116*/CH256