(4) Recommendations, if any, under this section for the
inclusion of additional offenses for which DNA samples must
be collected or recommendations for the removal of specific
offenses from the categories requiring the collection of DNA
samples from arrestees or persons convicted of crimes.
ยง 2315. Procedural compatibility with FBI.
The DNA identification system [as] established by the State
Police shall [be compatible] comply with [the procedures
specified by] the FBI Quality Assurance Standards for forensic
DNA testing laboratories and DNA data basing laboratories and
CODIS policies and procedures, including use of comparable test
procedures, laboratory equipment, supplies and computer
software.
ยง 2316. DNA sample required upon conviction, delinquency
adjudication and certain ARD cases.
(a) General rule.--A person who is convicted or adjudicated
delinquent for a felony sex offense or other specified offense
or who is or remains incarcerated for a felony sex offense or
other specified offense on or after the effective date of this
chapter shall have a DNA sample [drawn] collected as follows:
(1) A person who is sentenced or receives a delinquency
disposition to a term of confinement for an offense covered
by this subsection shall have a DNA sample [drawn] collected
upon intake to a prison, jail or juvenile detention facility
or any other detention facility or institution. If the person
is already confined at the time of sentencing or
adjudication, the person shall have a DNA sample [drawn]
collected immediately after the sentencing or adjudication.
If a DNA sample is not timely [drawn] collected in accordance
with this section, the DNA sample may be [drawn] collected
any time thereafter by the prison, jail, juvenile detention
facility, detention facility or institution.
(2) A person who is convicted or adjudicated delinquent
for an offense covered by this subsection shall have a DNA
sample [drawn] collected as a condition for any sentence or
adjudication which disposition will not involve an intake
into a prison, jail, juvenile detention facility or any other
detention facility or institution.
(3) Under no circumstances shall a person who is
convicted or adjudicated delinquent for an offense covered by
this subsection be released in any manner after such
disposition unless and until a DNA sample [has been
withdrawn] and fingerprints have been collected.
(b) Condition of release, probation or parole.--
(1) A person who has been convicted or adjudicated
delinquent for a felony sex offense or other specified
offense and who serves a term of confinement in connection
therewith after June 18, 2002, shall not be released in any
manner unless and until a DNA sample has been [withdrawn]
collected.
(2) This chapter shall apply to incarcerated persons
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