Corrections collects DNA samples with new policy covering inmates who refuse – Lincoln Journal Star

The Nebraska Department of Correctional Services is making progress on collecting DNA samples from 78 inmates who have refused to give samples over the past 20 years, the agency said Thursday in a news release.

The department had reduced that number from 78 in February to 13 as of Thursday.

State law says a person who had been convicted of a felony or other specified offense as of July 15, 2010, who did not have a sample in the state DNA Sample Bank, was required to have one collected at his or her own expense. The law also applied to people already serving a sentence.

In spite of the law, 78 inmates had refused.

In February, the department implemented changes to procedures for collecting DNA samples, and provided consequences when an inmate refused to provide one.

"I am committed to collecting DNA samples from every incarcerated person and believe the course we have charted will result in full compliance with state statute," said Corrections Director Scott Frakes. "In those cases where additional steps are necessary, we will take them as we did in these four cases from Douglas County."

Frakes was talking about four inmates who continued to refuse to give DNA samples, even with the policy change, until the department sought an order from a sentencing judge to use force to obtain the samples. Three of the inmates complied with the directive, said spokeswoman Dawn-Renee Smith.

"One did not and force was used," she said.

Smith said physical force was used, but no weapons or chemical agents.

Thirteen of the 78 who have refused received misconduct reports and sanctions according to the policy, Smith said.

The new policy on collecting samples specified that DNA will be collected within two business days of admission to a prison, if no sample was on file at the time.

The sample collection includes a swab from the inside of the inmate's cheek, a fingerprint and signature. It can also be done with a blood sample, if the person chooses.

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According to the policy, people who haven't provided a sample will be ordered to do so each month until they comply. A misconduct report will be issued for each refusal.

The first offense includes sanctions of 30 days of telephone, kiosk and canteen restriction. The second offense gets those restrictions plus 30 days loss of good time if they have good time to forfeit, or 30 days room restriction without being able to work if they don't.

The third refusal gets an additional loss of 90 days of good time, or another 30 days of room restriction without work if they have no good time.

Those refusing will be treated as a maximum custody offender when on a court or medical travel order, and will not be promoted to minimum or community custody.

And no inmates without a sample on file will be released prior to serving their maximum sentences, with no credit for good time, until they provide a sample.

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Corrections collects DNA samples with new policy covering inmates who refuse - Lincoln Journal Star