(B)(1) A child who is adjudicated a delinquent child for | 12 |
committing an act
listed in division (D) of this section and who | 13 |
is committed to the custody of
the department of youth services, | 14 |
placed in a detention facility or district detention facility | 15 |
pursuant to division (A)(3) of section 2152.19 of the Revised | 16 |
Code, or
placed in a school, camp, institution,
or other
facility | 17 |
for delinquent
children described in division
(A)(2) of
section | 18 |
2152.19 of the
Revised Code
shall submit to a DNA
specimen | 19 |
collection procedure
administered by the director of
youth | 20 |
services
if committed to the
department or by the chief | 21 |
administrative
officer of the
detention facility, district | 22 |
detention facility, school,
camp, institution, or other facility | 23 |
for
delinquent children to
which the child was committed
or in | 24 |
which the child was placed. If the
court commits the child to
the | 25 |
department of youth services, the
director of youth services
shall | 26 |
cause the DNA specimen to be
collected from the child during
the | 27 |
intake process at an institution
operated by or under the
control | 28 |
of the department. If the
court commits the child to
or places
the | 29 |
child in a
detention facility, district detention facility, | 30 |
school, camp, institution, or other
facility for delinquent | 31 |
children, the chief administrative
officer of the
detention | 32 |
facility, district detention facility, school, camp,
institution, | 33 |
or facility to which
the child is committed
or in which the child | 34 |
is placed shall
cause the
DNA specimen to be collected
from the | 35 |
child during the
intake process for the
detention facility, | 36 |
district detention facility, school, camp,
institution, or | 37 |
facility. The DNA specimen shall be
collected
from the child in | 38 |
accordance with division
(C) of this
section. | 39 |
(2) If a child is adjudicated a delinquent child for | 40 |
committing an act
listed in division (D) of this section, is | 41 |
committed to
or placed in the
department of youth
services, a | 42 |
detention facility or district detention facility, or
a school, | 43 |
camp, institution, or other facility for
delinquent children, and | 44 |
does not submit to a DNA
specimen collection
procedure pursuant to | 45 |
division (B)(1) of this section, prior to the child's
release from | 46 |
the custody of the department of
youth services, from the custody | 47 |
of the detention facility or district detention facility, or from | 48 |
the
custody of the school, camp,
institution, or facility, the | 49 |
child
shall submit to, and the
director of youth services or the | 50 |
chief
administrator of the
detention facility, district detention | 51 |
facility, school, camp, institution, or facility to
which the | 52 |
child is
committed
or in which the child was placed shall | 53 |
administer, a DNA specimen
collection
procedure at the institution | 54 |
operated by or under the
control of
the department of youth | 55 |
services or at the
detention facility, district detention | 56 |
facility, school,
camp, institution, or
facility to which the | 57 |
child is committed
or in which the child was placed.
The DNA | 58 |
specimen shall be
collected in
accordance with division (C) of | 59 |
this section. | 60 |
(3) If a child is adjudicated a delinquent child for | 61 |
committing an act listed in division (D) of this section, is not | 62 |
committed to or placed in the department of youth services, a | 63 |
detention facility or district detention facility, or a school, | 64 |
camp, institution, or other facility for delinquent children | 65 |
described in division (A)(2) or (3) of section 2152.19 of the | 66 |
Revised Code, and does not provide a DNA specimen pursuant to | 67 |
division (B)(1) or (2) of this section, the juvenile court shall | 68 |
order the child to report to the county probation department | 69 |
immediately after disposition to submit to a DNA specimen | 70 |
collection procedure administered by the chief administrative | 71 |
officer of the county probation department. The DNA specimen shall | 72 |
be collected from the child in accordance with division (C) of | 73 |
this section. | 74 |
(C)
If the DNA specimen is collected by withdrawing blood | 75 |
from the child or a similarly invasive procedure, a physician, | 76 |
registered nurse,
licensed practical nurse,
duly licensed clinical | 77 |
laboratory technician, or
other qualified
medical practitioner | 78 |
shall collect in a medically approved
manner
the DNA specimen | 79 |
required to be collected pursuant to division
(B)
of this section. | 80 |
If the DNA specimen is collected by swabbing for buccal cells or a | 81 |
similarly noninvasive procedure, this section does not require | 82 |
that the DNA specimen be collected by a qualified medical | 83 |
practitioner of that nature. No later than fifteen days after the | 84 |
date of
the
collection of the DNA specimen, the
director of youth | 85 |
services or,
the chief
administrative officer of the
detention | 86 |
facility, district detention facility, school, camp,
institution, | 87 |
or
other facility for delinquent children to which
the child is | 88 |
committed
or in which the child was placed, or the chief | 89 |
administrative officer of a county probation department shall | 90 |
cause the DNA
specimen to be
forwarded to the
bureau of criminal | 91 |
identification
and
investigation in accordance
with procedures | 92 |
established by the
superintendent
of the bureau
under division (H) | 93 |
of section 109.573
of
the Revised Code. The
bureau shall provide | 94 |
the
specimen vials,
mailing tubes, labels,
postage, and | 95 |
instruction
needed for the
collection and
forwarding
of the DNA | 96 |
specimen to the bureau. | 97 |
(D) The director of youth services and, the chief | 98 |
administrative
officer of a
detention facility, district detention | 99 |
facility, school, camp, institution, or other
facility for | 100 |
delinquent
children, and the chief administrative officer of a | 101 |
county probation department shall cause a DNA specimen to be | 102 |
collected in
accordance
with divisions (B) and (C) of this section | 103 |
from each
child
in its custody who is adjudicated a delinquent | 104 |
child for
committing any
of the following
acts: | 105 |
(2) A
violation of any law that would be a misdemeanor if | 107 |
committed by an adult and that arose out of the same
facts
and | 108 |
circumstances and
same act as did a charge against the
child
of a | 109 |
violation
of section 2903.01, 2903.02,
2905.01,
2907.02,
2907.03, | 110 |
2907.05,
or
2911.11 of the Revised
Code
that previously
was | 111 |
dismissed or
amended or as did a charge
against the
child of a | 112 |
violation of
section 2907.12 of the Revised
Code as it existed | 113 |
prior to
September 3, 1996, that previously was
dismissed or | 114 |
amended; | 115 |
(B)(1) Regardless of when the conviction occurred or the | 136 |
guilty plea was entered, a person who has been convicted of, is | 137 |
convicted of, has pleaded guilty to, or pleads
guilty to a
felony | 138 |
offense and who is
sentenced to a prison term or to a community | 139 |
residential sanction
in a jail
or community-based correctional | 140 |
facility for that offense pursuant to
section 2929.16 of the | 141 |
Revised Code, and
a person who has been convicted of, is convicted | 142 |
of, has pleaded guilty to, or pleads guilty to a misdemeanor | 143 |
offense listed
in division
(D) of this section and who is | 144 |
sentenced to a term of
imprisonment
for that offense shall submit | 145 |
to a
DNA specimen collection
procedure administered
by the | 146 |
director of rehabilitation and
correction or the chief | 147 |
administrative officer of the jail or other
detention facility in | 148 |
which the person is serving the
term of imprisonment. If the | 149 |
person serves the prison
term in a state correctional institution, | 150 |
the
director of rehabilitation and correction shall cause the
DNA | 151 |
specimen to be collected from the person during the intake
process | 152 |
at the reception
facility designated by the director. If the | 153 |
person serves the
community residential sanction or term of | 154 |
imprisonment in a jail, a
community-based correctional facility, | 155 |
or another county, multicounty,
municipal,
municipal-county, or | 156 |
multicounty-municipal detention facility, the chief
administrative | 157 |
officer of the jail,
community-based correctional facility, or | 158 |
detention
facility shall cause the
DNA specimen to be collected | 159 |
from the person during the intake
process at the jail, | 160 |
community-based correctional facility, or
detention facility. The | 161 |
DNA specimen shall be
collected in
accordance with division (C) of | 162 |
this section. | 163 |
(2) Regardless of when the conviction occurred or the guilty | 164 |
plea was entered, if a person has been convicted of, is convicted | 165 |
of, has pleaded guilty to, or pleads guilty to
a felony offense or | 166 |
a misdemeanor
offense listed in division (D) of this section, is | 167 |
serving
a
prison term, community residential sanction, or term of | 168 |
imprisonment
for that offense, and does not provide a DNA
specimen | 169 |
pursuant to division (B)(1) of this section, prior to the person's | 170 |
release from the prison term, community residential sanction, or | 171 |
imprisonment, the
person shall submit to, and the director of | 172 |
rehabilitation and
correction or the chief administrative officer | 173 |
of the jail, community-based
correctional facility, or detention | 174 |
facility in which the person is serving
the
prison term, community | 175 |
residential sanction, or term of imprisonment
shall administer, a | 176 |
DNA specimen collection
procedure at the state correctional | 177 |
institution, jail, community-based
correctional facility, or | 178 |
detention facility in which the person is serving
the prison term, | 179 |
community
residential sanction, or term of imprisonment. The
DNA | 180 |
specimen shall be
collected in accordance with division (C)
of | 181 |
this section. | 182 |
(3)(a) Regardless of when the conviction occurred or the | 183 |
guilty plea was entered, if a person has been convicted of,
is | 184 |
convicted of, has pleaded guilty to, or pleads guilty to a felony | 185 |
offense or a misdemeanor
offense listed in division (D) of this | 186 |
section and the person is on
probation,
released on parole,
under | 187 |
transitional
control, on community control, on
post-release | 188 |
control,
or under any other type of supervised release
under
the | 189 |
supervision of
a probation
department or
the
adult parole | 190 |
authority for that offense, the person shall submit to a DNA | 191 |
specimen collection procedure administered by the chief | 192 |
administrative officer of the probation department or the adult | 193 |
parole authority. The DNA specimen shall be collected in | 194 |
accordance with division (C) of this section. If the person | 195 |
refuses to submit to a DNA specimen collection procedure as | 196 |
provided in this division, the person may be subject to the | 197 |
provisions of section 2967.15 of the Revised Code. | 198 |
(b) If a person to whom division (B)(3)(a) of this section | 199 |
applies is
sent to
jail or is
returned to a jail,
community-based | 200 |
correctional
facility, or
state correctional
institution for a | 201 |
violation
of
the
terms and
conditions of the
probation,
parole, | 202 |
transitional
control, other
release, or
post-release
control, if | 203 |
the person was
or will be
serving
a
term
of imprisonment, prison | 204 |
term, or
community
residential
sanction
for
committing a felony | 205 |
offense or for committing a misdemeanor offense listed in
division | 206 |
(D) of this section,
and if the person did
not provide a
DNA | 207 |
specimen
pursuant to
division (B)(1),
(2) or (3)(a) of this | 208 |
section,
the
person shall submit
to, and the
director of | 209 |
rehabilitation and
correction or the chief
administrative
officer | 210 |
of the jail or
community-based correctional
facility shall | 211 |
administer, a DNA
specimen collection
procedure at
the jail, | 212 |
community-based
correctional facility, or state
correctional | 213 |
institution in which
the person is serving
the
term
of | 214 |
imprisonment, prison term, or
community residential
sanction.
The | 215 |
DNA specimen shall be
collected from the
person in accordance with | 216 |
division
(C) of this
section. | 217 |
(4) Regardless of when the conviction occurred or the guilty | 218 |
plea was entered, if a person has been convicted of, is convicted | 219 |
of, has pleaded guilty to, or pleads guilty to a felony offense or | 220 |
a misdemeanor offense listed in division (D) of this section, the | 221 |
person is not sentenced to a prison term, a community residential | 222 |
sanction in a jail or community-based correctional facility, a | 223 |
term of imprisonment, or any type of supervised release under the | 224 |
supervision of a probation department or the adult parole | 225 |
authority, and the person does not provide a DNA specimen pursuant | 226 |
to division (B)(1), (2), (3)(a), or (3)(b) of this section, the | 227 |
sentencing court shall order the person to report to the county | 228 |
probation department immediately after sentencing to submit to a | 229 |
DNA specimen collection procedure administered by the chief | 230 |
administrative officer of the county probation office. If the | 231 |
person is incarcerated at the time of sentencing, the person shall | 232 |
submit to a DNA specimen collection procedure administered by the | 233 |
director of rehabilitation and correction or the chief | 234 |
administrative officer of the jail or other detention facility in | 235 |
which the person is incarcerated. The DNA specimen shall be | 236 |
collected in accordance with division (C) of this section. | 237 |
(5)(a) If a person does not provide a DNA specimen pursuant | 238 |
to division (B)(1), (2), (3)(a), (3)(b), or (4) of this section a | 239 |
person who, on and after the effective date of this amendment, is | 240 |
convicted of or pleads guilty to any offense that is a | 241 |
misdemeanor, other than a misdemeanor for which a citation was | 242 |
issued pursuant to section 2935.26 of the Revised Code, shall | 243 |
submit to a DNA specimen collection procedure as follows: | 244 |
(C)
If the DNA specimen is collected by withdrawing blood | 259 |
from the person or a similarly invasive procedure, a physician, | 260 |
registered
nurse, licensed practical nurse,
duly licensed clinical | 261 |
laboratory technician,
or other qualified
medical practitioner | 262 |
shall collect in a medically approved
manner
the DNA specimen | 263 |
required to be collected pursuant to division
(B)
of this section. | 264 |
If the DNA specimen is collected by swabbing for buccal cells or a | 265 |
similarly noninvasive procedure, this section does not require | 266 |
that the DNA specimen be collected by a qualified medical | 267 |
practitioner of that nature. No later than fifteen days after the | 268 |
date of
the
collection of the DNA specimen, the director of | 269 |
rehabilitation
and
correction or the chief administrative officer | 270 |
of the jail,
community-based correctional facility, or other | 271 |
county,
multicounty,
municipal, municipal-county, or | 272 |
multicounty-municipal
detention facility, or county probation | 273 |
department,
in which the person is
serving the prison
term, | 274 |
community residential sanction, or term
of imprisonment
shall | 275 |
cause the DNA specimen to be forwarded to
the bureau of
criminal | 276 |
identification and investigation in
accordance with
procedures | 277 |
established by the superintendent
of
the bureau under
division (H) | 278 |
of section 109.573 of the
Revised
Code. The bureau
shall provide | 279 |
the
specimen vials, mailing tubes,
labels, postage,
and | 280 |
instructions needed for
the collection and
forwarding of the
DNA | 281 |
specimen to the bureau. | 282 |
(D) The director of rehabilitation and correction, the
chief | 283 |
administrative officer of the jail, community-based
correctional | 284 |
facility,
or other county, multicounty, municipal, | 285 |
municipal-county, or multicounty-municipal detention facility, or | 286 |
the chief administrative officer of a county probation department | 287 |
or the adult parole authority
shall cause a
DNA specimen to be | 288 |
collected in
accordance
with
divisions (B) and (C) of this section | 289 |
from a person in
its custody or under its supervision
who has been | 290 |
convicted of, is convicted of, has pleaded guilty to, or pleads | 291 |
guilty to
any felony offense or any of the
following misdemeanor | 292 |
offenses: | 293 |
(2) A misdemeanor
violation of any law that arose out of the | 297 |
same
facts
and
circumstances and
same act as did a charge against | 298 |
the
person
of a violation of section
2903.01,
2903.02,
2905.01, | 299 |
2907.02,
2907.03, 2907.04, 2907.05,
or
2911.11 of the
Revised Code | 300 |
that
previously was
dismissed or
amended or as did a charge | 301 |
against the
person of a
violation of
section 2907.12 of the | 302 |
Revised Code
as it
existed
prior to
September 3,
1996, that | 303 |
previously was dismissed
or
amended; | 304 |