§ 12-12-1110 - Procedures of withdrawal, collection, and transmission of DNA samples.
               	 		
12-12-1110.    Procedures of withdrawal, collection, and transmission of DNA samples.
    (a)    (1)    (A)  Each  DNA sample required to be taken pursuant to    12-12-1109 from persons  who are incarcerated shall be taken by the agency supervising the  convicted offender.
            (B)  DNA  samples from persons who are not committed or sentenced to a term of  confinement shall be drawn at another facility to be specified by the  sentencing court.
            (C)  Only  those individuals qualified to draw DNA samples in a medically approved  manner shall draw a DNA sample to be submitted for analysis.
      (2)  In  addition to the DNA sample, a right thumbprint shall be taken from the  person from whom the DNA sample is drawn for the exclusive purpose of  verifying the identity of the person.
      (3)  The  agency or institution having custody or control or the agency providing  supervision of persons convicted or adjudicated delinquent for  qualifying offenses, as appropriate, is authorized to contract with  third parties to provide for the collection of the DNA samples.
(b)  The  DNA sample and the right thumbprint provided in subdivision (a)(2) of  this section shall be delivered to the State Crime Laboratory in  accordance with guidelines established by the laboratory.
(c)    (1)  Persons  authorized by this section to draw blood shall not be criminally liable  for drawing a DNA sample and transmitting the DNA sample pursuant to  this subchapter if they perform these activities in good faith.
      (2)  Persons  authorized to draw blood shall not be civilly liable for such  activities when the persons acted in a reasonable manner and according  to generally accepted medical and other professional practices.
(d)    (1)  Authorized  law enforcement and corrections personnel may employ reasonable force  in cases where an individual refuses to submit to DNA testing authorized  under this subchapter.
      (2)  No such employee shall be criminally or civilly liable for the use of reasonable force.
(e)    (1)  Any  person who refuses to provide a DNA sample required by this subchapter  will receive no further sentence reduction for meritorious good time  until such time as a sample is provided, and the Department of  Correction shall notify the Parole Board regarding the refusal.
      (2)  Any  person who is subject to this subchapter who knowingly refuses to  provide the DNA sample after receiving notification of the requirement  to provide a DNA sample shall be guilty of a Class D felony.