LINCOLN, Neb. (AP) - Nebraska prison officials have reduced to 13 the number of inmates who have refused to give DNA samples as required by state law, down from 78 reported earlier this year.
The Nebraska Correctional Services Department said in a news release Thursday that an order to use force was sought from the sentencing judge in four of the 78 cases. Three of the four complied with the directive. One didn’t, so state officials used force.
State law says anyone convicted of a felony or other specified offense as of July 15, 2010, who didn’t already have a sample in the state DNA Sample Bank, was required to have one collected at his or her expense. The law also applied to people already imprisoned.
The sample collection includes a swab from the inside of a cheek and a fingerprint and signature. A person also can provide a blood sample for DNA determination.
The department changed procedures for collecting DNA samples in February and outlined consequences for inmates who refused. The Omaha World-Herald originally reported in April that dozens of inmates simply declined. The disclosure brought a promise of swift action by Gov. Pete Ricketts.
Department director Scott Frakes said Thursday that he is committed to collecting DNA samples from every prisoner.
“In those cases where additional steps are necessary, we will take them as we did in these four cases from Douglas County,” Frakes said.
The DNA policy includes mounting sanctions for each refusal, including loss of telephone and canteen privileges, loss of good time toward sentencing reduction and imposition of housing restrictions.
The department also says no inmate without a sample on file will be released before serving the maximum sentence, with no credit for good time, until a sample is provided.
Please read our comment policy before commenting.