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AH 03 - DNA Specimen Collection

Last modified by Ryan Larkin on 2022/03/01 17:40

Washington County Sheriff's Office

ADMINISTRATIVE DIVISION

Policy Manual

Volume: AH

Administrative Procedures

Chapter: 03

DNA SPECIMEN COLLECTION

Replaces and/or Supersedes:

None

Published:

07/10/2017

Last Review:

03/01/2022

Sheriff Nate Brooksby

Undersheriff Barry Golding

TABLE OF CONTENTS

AH 03_101 Definitions

AH 03_102 References

AH 03_103 General

AH 03_104 DNA Collection Fees

AH 03_105 DNA Collection Methods

AH 03_106 Handling and Tracking of DNA Specimen

AH 03_107 Training

AH 03_101  DEFINITIONS

  1. In-House Training:  Training of a deputy or clerical member by a co-worker, in a classroom setting, and/or by hands-on experience
  2. ODNA: The Utah State DNA database
  3. PCF:  Purgatory Correctional Facility
  4. UCA: Utah Code Annotated
  5. UCJIS:  Utah Criminal Justice Information System
  6. WCSO:  Washington County Sheriff's Office

AH 03_102  REFERENCES

  1. Utah Code Annotated
    1. Title 53 Chapter 10
  2. Criminal Investigations and Technical Services Division
    1. UCA 77-41-104. Registration of offenders -- Department and agency requirements.
  3. WCSO Policy
    1. AE 01 Use of Force

AH 03_103  GENERAL

  1. Policy:
    1. The WCSO shall collect, manage, and track all DNA samples pursuant to Utah Code Annotated Title 53, Chapter 10, Criminal Investigations and Technical Services Division.
    2. The WCSO and/or PCF is the responsible agency regarding the collection of DNA specimens from persons who:
      1. Have pled guilty to or have been convicted of an offense listed under Subsection 53-10-403(2) but who have not been committed to the custody of or are not under the supervision of the Department of Corrections;
      2. Are incarcerated in the county jail as a condition of probation for a felony offense or for a misdemeanor offense for which collection of a DNA specimen is required;
      3. Are booked at the county jail for any offense under Subsection 53-10-403(1)(c).1; and
      4. Are offenders registering in compliance with UCA 77-41-104 Registration of Offenders.
    3. Pursuant to UCA 53-10-404.5, prior to collecting any DNA sample or fees, the WCSO shall check the ODNA database to confirm the person's DNA sample is not on file.
  2. Rationale:
    1. Policy addressing the collection of DNA specimens assures the WCSO is in compliance with Utah State Code.

AH 03_104  DNA COLLECTION FEES

  1. Policy:
    1. Persons booked under UCA 53-10-403 or any person added to the sex offender register shall reimburse the WCSO $150.00 for the cost of obtaining the DNA specimen unless:
      1. The person was booked under UCA 53-10-403 and is not required to reimburse the agency under UCA 53-10-404.5; or
      2. The agency determines the person lacks the ability to pay.
        1. Jail officials shall establish policies and procedures for determining if the person is unable to pay the fee.
    2. The WCSO may provide for the assessment of the $150.00 to be placed on the inmate's trust fund account and may allow a negative balance on the account until the fee is paid in full according to the WCSO guidelines and procedures for the inmate trust account.
    3. All fees collected shall be deposited in the DNA Specimen Restricted Account and no amount of the $150.00 fee may be credited to any other fee or agency obligation except:
      1. The WCSO may retain up to $25.00 of the $150.00 fee for collecting the DNA sample.

AH 03_105  DNA COLLECTION METHODS

  1. Policy:
    1. Unless the person refuses to cooperate, the preferred method of collection shall be to obtain a saliva specimen.
    2. The WCSO should use the DNA collection packet obtained from the Department of Public Safety to collect the saliva specimen.
    3. Pursuant to UCA 53-1-404, reasonable force may be used to obtain the DNA sample if the person refuses to cooperate.
      1. The force used should focus specifically on obtaining the DNA sample and be consistent with the WCSO use of force policies (see policy AE 01 Use of Force).

AH 03_106  HANDLING AND TRACKING OF DNA SPECIMEN

  1. Policy:
    1. The WCSO shall log DNA collection and the collection of fees in the ODNA registry web page in compliance with state standards.

AH 03_107  TRAINING

  1. Policy:
    1. WCSO deputies and clerical staff will be trained in the collection, handling, and tracking of DNA specimens as it pertains to their job assignments.
    2. This training can be official training from the Department of Public Safety or may be completed with in-house training.