Post sentence or supervision DNA demand

Post sentence or supervision DNA demand

Effective August 1, 2010

Provides that in cases where the offender’s sentence or supervision has expired, the prosecutor can petition the court to issue an order to show cause why an offender who should have been ordered or required to provide a biological specimen under this section but did not, should not now be ordered to provide one for the purposes of DNA analysis.

In other words - even when the person has served their time and completed supervision - the Court can order them to provide a DNA sample unless the person can give a reason why they shouldn't have to.

Please remember that the interpretation and analysis presented here is not intended to be legal advice.  If you are seeking legal advice please contact us for a free consultation and actual examination the issues that your case may present.


Thank you,
Landon J. Ascheman, Esq.
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CHAPTER 256--S.F.No. 3116
An actrelating to public safety; authorizing the collection of DNA from
offenders;amending Minnesota Statutes 2008, section 609.117, by adding a
subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. Minnesota Statutes 2008, section 609.117, is amended by adding a
subdivision to read:
Subd. 4. After supervision expires. (a) Upon motion of a prosecuting authority, a
court shall issue an order to show cause why an offender who should have been ordered or
required to provide a biological specimen under this section but did not, should not now
be ordered to provide one for the purposes of DNA analysis. This subdivision applies if
the offender's sentence or supervision has expired. The prosecuting authority shall provide
the court with an affidavit that:
(1) identifies the offender by name and date of birth;
(2) identifies the offender's last known address;
(3) identifies the offender's charged offense, offense of conviction, and date of
conviction; and
(4) indicates that the Bureau of Criminal Apprehension database of biological
specimens has been searched and the offender has not previously provided a biological
specimen for DNA analysis under this chapter.
(b) The order to show cause shall direct the offender to appear before the court
within 30 days after the order is served. The prosecutor shall serve the order to show
cause upon the offender in the same manner as a civil summons. The offender may avoid
appearing before the court by appearing at a place and time designated in the order and
voluntarily providing the specimen.
(c) Upon the offender's appearance before the court, and after an opportunity to be
heard, the court may issue an order directing the offender to provide the specimen.
(d) If the offender has failed to provide the specimen or appear before the court and
the prosecuting authority makes a sufficient showing that the offender was properly served
with the order to show cause, the court may issue an order:
(1) requiring the offender to submit the specimen within 30 days from the date of
the order at a designated location;
(2) including the designated location's address, telephone number, and regular
hours of operation; and
(3) authorizing, if the offender fails or refuses to comply with the order to provide
a specimen, a peace officer to detain and bring the offender before the court as soon as
practicable to show cause why the specimen should not be obtained.
(e) The local corrections authority shall mail the order in paragraph (d) to the
offender's last known address.
Presented to the governor April 19, 2010
Signed by the governor April 22, 2010, 11:43 a.m.



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