Sec. 54-102g. Blood or other biological sample required from certain offenders for DNA analysis.
Sec. 54-102g. Blood or other biological sample required from certain offenders for DNA analysis. (a) Any person who has been convicted of a criminal offense
against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense,
as those terms are defined in section 54-250, or a felony, and has been sentenced on
that conviction to the custody of the Commissioner of Correction shall, prior to release
from custody and at such time as the commissioner may specify, submit to the taking
of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. If any person required to submit
to the taking of a blood or other biological sample pursuant to this subsection refuses
to do so, the Commissioner of Correction or the commissioner's designee shall notify
the Department of Public Safety within thirty days of such refusal for the initiation of
criminal proceedings against such person.
(b) Any person who is convicted of a criminal offense against a victim who is a
minor, a nonviolent sexual offense or a sexually violent offense, as those terms are
defined in section 54-250, or a felony and is not sentenced to a term of confinement
shall, as a condition of such sentence and at such time as the sentencing court may
specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.
(c) Any person who has been found not guilty by reason of mental disease or defect
pursuant to section 53a-13 of a criminal offense against a victim who is a minor, a
nonviolent sexual offense or a sexually violent offense, as those terms are defined in
section 54-250, or a felony, and is in custody as a result of that finding, shall, prior to
discharge from custody in accordance with subsection (e) of section 17a-582, section
17a-588 or subsection (g) of section 17a-593 and at such time as the Commissioner of
Mental Health and Addiction Services or the Commissioner of Developmental Services
with whom such person has been placed may specify, submit to the taking of a blood
or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.
(d) Any person who has been convicted of a criminal offense against a victim who
is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are
defined in section 54-250, or a felony, and is serving a period of probation or parole,
and who has not submitted to the taking of a blood or other biological sample pursuant
to subsection (a), (b) or (c) of this section, shall, prior to discharge from the custody of
the Court Support Services Division or the Department of Correction and at such time
as said division or department may specify, submit to the taking of a blood or other
biological sample for DNA (deoxyribonucleic acid) analysis to determine identification
characteristics specific to the person.
(e) Any person who has been convicted or found not guilty by reason of mental
disease or defect in any other state or jurisdiction of a felony or of any crime, the essential
elements of which are substantially the same as a criminal offense against a victim who
is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are
defined in section 54-250, and is in the custody of the Commissioner of Correction, is
under the supervision of the Judicial Department or the Board of Pardons and Paroles
or is under the jurisdiction of the Psychiatric Security Review Board, shall, prior to
discharge from such custody, supervision or jurisdiction submit to the taking of a blood
or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.
(f) The analysis shall be performed by the Division of Scientific Services within
the Department of Public Safety. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the division in a DNA
data bank and shall be made available only as provided in section 54-102j.
(g) Any person who refuses to submit to the taking of a blood or other biological
sample pursuant to this section shall be guilty of a class A misdemeanor.
(P.A. 94-246, S. 1; P.A. 98-111, S. 10; P.A. 99-183, S. 11, 13; 99-218, S. 10, 16; P.A. 03-242, S. 1; P.A. 04-188, S. 1;
04-234, S. 2; 04-257, S. 121; P.A. 07-73, S. 2(b).)
History: P.A. 98-111 added new Subsec. (c) requiring any person found not guilty by reason of mental disease or defect
of any violation specified in Subsec. (a) or (b) on or after October 1, 1994 to have a blood sample taken for DNA analysis
prior to discharge from custody, redesignating former Subsec. (c) as Subsec. (d); P.A. 99-183 revised the crimes the
conviction of which subjects a person to DNA testing by replacing "a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b" in Subsecs. (a) and (b) and "any violation specified in subsection (a) or (b) of this section" in
Subsec. (c) with "a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent
offense, as those terms are defined in section 54-250, or of a felony found by the sentencing court to have been committed
for a sexual purpose, as provided in section 54-254", amended Subsec. (a) to make provisions applicable to a person
convicted of any of the specified offenses who "is sentenced to the custody of the Commissioner of Correction" rather
than a person who is convicted of any of the specified offenses "on or after October 1, 1994, and is sentenced to the custody
of the Commissioner of Correction" or a person who has been convicted of any of the specified offenses "and on October
1, 1994, is in the custody of the Commissioner of Correction", amended Subsec. (b) to delete provision re applicability to
persons convicted "on or after October 1, 1994", amended Subsec. (c) to delete provision re applicability to persons found
not guilty by reason of mental disease or defect "on or after October 1, 1994" and include a discharge in accordance with
Sec. 17a-588, and made technical changes for purposes of gender neutrality, effective July 1, 1999; P.A. 99-218 amended
Subsec. (d) by replacing the State Police Forensic Science Laboratory with the Division of Scientific Services within the
Department of Public Safety, effective July 1, 1999; P.A. 03-242 replaced in Subsecs. (a), (b) and (c) "a felony found by
the sentencing court to have been committed for a sexual purpose as provided in section 54-254" with "a felony", amended
Subsec. (a) to replace requirement that the person "at any time prior to release from custody, have a sample of such person's
blood taken" with requirement that the person "prior to release from custody and at such time as the commissioner may
specify, submit to the taking of a blood or other biological sample", amended Subsec. (b) to replace requirement that the
person "have a sample of such person's blood taken" with requirement that the person "at such time as the sentencing
court may specify, submit to the taking of a blood or other biological sample", amended Subsec. (c) to replace requirement
that the person "at any time" prior to discharge from custody "have a sample of such person's blood taken" with requirement
that the person prior to discharge from custody and "at such time as the superintendent of the hospital for psychiatric
disabilities in which such person is confined or the Commissioner of Mental Retardation with whom such person has been
placed may specify, submit to the taking of a blood or other biological sample", added new Subsec. (d) requiring any
person who is convicted of a criminal offense against a victim who is a minor, nonviolent sexual offense, sexually violent
offense or felony and is serving a period of probation or parole to submit to the taking of a blood or other biological sample
prior to discharge from custody and redesignated existing Subsec. (d) as Subsec. (e); P.A. 04-188 amended Subsec. (a) to
replace "is convicted" with "has been convicted", replace "is sentenced" with "has been sentenced on that conviction" and
add provision re notification of Department of Public Safety when a person refuses to submit to the taking of a sample,
amended Subsec. (c) to replace "is found not guilty" with "has been found not guilty", add condition that such person "is
in custody as a result of that finding" and replace "superintendent of the hospital for psychiatric disabilities in which such
person is confined" with "Commissioner of Mental Health and Addiction Services", added new Subsec. (e) re taking of
samples from persons convicted or found not guilty by reason of mental disease or defect in another state or jurisdiction
and who are in the custody or under the supervision or jurisdiction of certain agencies in this state, redesignated existing
Subsec. (e) as Subsec. (f) and added Subsec. (g) to make it a class A misdemeanor to refuse to submit to the taking of a
sample; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 04-257
amended Subsec. (d) to replace references to "the Board of Parole" and "board" with "the Department of Correction" and
"department", respectively, effective June 14, 2004; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" was
changed editorially by the Revisors to "Commissioner of Developmental Services", effective October 1, 2007.