February 6, 2009 |
2009-R-0085 | |
DNA SAMPLING AND ANALYSIS | ||
| ||
By: Laura Cummings, Legislative Fellow | ||
You want to know (1) the offenders required to submit to DNA samples, (2) whether each sample is analyzed (3) where DNA information is stored, and (4) who pays for the analysis and storing of the samples.
SUMMARY
Connecticut mandates the collection of DNA from offenders convicted of, or acquitted because of insanity, of a felony or a crime requiring sex offender registration. The crimes that require registration are criminal offenses to minors, nonviolent sexual crimes, and sexually violent crimes.
The Division of Scientific Services (DSS) within the Department of Public Safety (DPS) analyzes each sample and stores it in a data base maintained by DPS. DPS absorbs all costs associated with collecting, analyzing, and storing of DNA. It also provides the DNA sample collecting kits.
OFFENDERS REQUIRED TO SUBMIT TO TESTING
Connecticut law mandates the collection of DNA from any criminal offender who has been convicted, or acquitted by reason of mental deficiency, of a criminal offense to a minor, nonviolent sexual crimes, sexually violent crimes, or a felony (CGS § 54-102g).
Table 1 shows the crimes for which convicted offenders must submit to DNA testing.
Table 1: Offenders Required to Submit to DNA Testing
Current Nonviolent Sexual Offenses |
Current Criminal Offenses Against a Victim Who is a Minor |
Current Sexually Violent Offenses |
Fourth-degree sexual assault, which generally involves nonviolent sexual contact with specified vulnerable victims (CGS § 53a-73a) |
Risk of injury to a minor involving contact with the intimate parts of someone under age 16 (CGS § 53-21(a)(2)) |
First-degree sexual assault, other than the portion covered under crimes against a minor (CGS § 53a-70) |
Voyeurism committed with intent to arouse or satisfy the sexual desire of the actor or another person by knowingly filming, photographing, videotaping, or otherwise recording the image of another person (CGS § 53a-189a (a) (2)) |
First-degree sexual assault involving sexual intercourse with someone under age 13 (CGS § 53a-70(a)(2)) |
First-degree aggravated sexual assault (CGS § 53a-70a) |
Second-degree sexual assault involving sexual intercourse with: (a) someone age 13 to 15; (b) someone under age 18 if the actor is the person's guardian; (c) a student under age 18 if the offender is a school employee; (d) someone under age 18 if the actor is a coach or instructor; and (e) someone under age 18 if the actor is age 20 or older and stands in a position of power, authority, or supervision over the person by virtue of the actor's professional, legal, occupational, or volunteer status (CGS § 53a-71) |
Sexual assault in a spousal or cohabiting relationship (CGS § 53a-70b) | |
Third-degree sexual assault involving a close relative (CGS § 53a-72a (a) (2)) |
Second-degree sexual assault, other than the portion covered under crimes against minors (CGS § 53a-71) | |
Promoting prostitution with someone under age 16 (first-degree) (CGS § 53a-86(a)(2)) |
Third-degree sexual assault, other than the portion covered under crimes against minors (CGS § 53a-72a) | |
Enticing someone under age 16 through interactive computer use (CGS § 53a-90a) |
Third-degree sexual assault with a firearm (CGS § 53a-72b) |
Table 1 Continued
Current Nonviolent Sexual Offenses |
Current Criminal Offenses Against a Victim Who is a Minor |
Current Sexually Violent Offenses |
Employing or promoting a minor in an obscene performance (CGS §§ 53a-196a, 53a-196b) |
First-degree kidnapping with or without a firearm if the court finds that the offense was committed with the intent of sexually violating or abusing the victim (CGS § 53a-92-92a) | |
Importing or possessing child pornography (CGS §§ 53a-196c through -196f) |
||
First- or second-degree kidnapping, first- or second-degree unlawful restraint, or public indecency when the court finds that the victim is under age 18 (CGS §§ 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-96, and 53a-186) |
DNA COLLECTION
Connecticut law limits who can draw blood for a sample to medical doctors, registered nurses, licensed laboratory technicians, and phlebotomists (CGA § 54-102h).
Five different agencies must conduct sampling when they are responsible for an offender. Table 2 shows which agencies are responsible for DNA collection.
Table 2: Agency Responsible for Collecting DNA
Agency Collecting Data |
Type of Offender |
DOC |
Any offender sentenced to the custody of the DOC commissioner, or serving a term of parole. |
DPS |
Any individual who has been convicted and is not sentenced on that conviction for a term of confinement. |
Department of Mental Health and Addiction Services or Department of Developmental Services |
Offenders found not guilty by reason of mental disease or defect. |
Judicial Department |
Offenders serving a term of probation if DNA was not taken by the DOC during a period of incarceration. |
The agency in whose custody the offender is placed |
Offenders convicted in another state of a crime that requires DNA submissions in this state. |
Source: CGA § 54-102h
DNA ANALYSIS AND STORAGE
DSS receives all DNA samples, and must analyze, classify, and file the results (CGS § 54-102j). It conducts this analysis in accordance with nationally recognized standards and procedures. DSS maintains within its lab a report of its analysis, including the profile and identifying information of each sample (CGS § 54-102g).
The DPS commissioner must maintain a form indicating the name of the person whose sample is analyzed, the date and by whom the sample was received and examined, and a statement that the seal on the sample had not been broken (CGS § 54-102i).
LC: ak