[Title 28 CFR 28.12]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 28 - DNA IDENTIFICATION SYSTEM]
[Subpart B - DNA Sample Collection, Analysis, and Indexing]
[Sec. 28.12 - Collection of DNA samples.]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseCollection of DNA samples.28.12Sec. 28.12JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEDNA IDENTIFICATION SYSTEMDNA Sample Collection, Analysis, and Indexing
Sec. 28.12  Collection of DNA samples.

    (a) The Bureau of Prisons shall collect a DNA sample from each 
individual in the custody of the Bureau of Prisons who is, or has been, 
convicted of--
    (1) A qualifying Federal offense as described in Sec. 28.2;
    (2) A qualifying military offense, as determined under 10 U.S.C. 
1565; or (3) A qualifying District of Columbia offense, as determined 
under section 4(d) of Public Law 106-546.
    (b) Notwithstanding paragraph (a) of this section, the Bureau of 
Prisons may, but need not, collect a DNA sample from an individual 
described in paragraph (a) of this section if the Combined DNA Index 
System contains a DNA analysis with respect to that individual, or if a 
DNA sample has been collected from that individual under 10 U.S.C. 1565.
    (c) Each individual described in paragraph (a) of this section shall 
cooperate in the collection of a DNA sample from that individual by the 
Bureau of Prisons. The Bureau of Prisons may use or authorize the use of 
such means as are reasonably necessary to detain, restrain, and collect 
a DNA sample from an individual described in paragraph (a) of this 
section who refuses to cooperate in the collection of the sample.
    (d) The Bureau of Prisons may enter into agreements with units of 
State or local government or with private entities to provide for the 
collection of samples under this section.
    (e) The Bureau of Prisons shall furnish each DNA sample collected 
under this section to the Federal Bureau of Investigation.