28 C.F.R. Subpart B—DNA Sample Collection, Analysis, and Indexing
Title 28 - Judicial Administration
DNA analysis means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample. DNA sample means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. (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 §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. (a) The Federal Bureau of Investigation shall carry out a DNA analysis on each DNA sample furnished to the Federal Bureau of Investigation pursuant to section 3(b) or 4(b) of Public Law 106–54, and shall include the results in the Combined DNA Index System. (b) The Federal Bureau of Investigation shall include in the Combined DNA Index System the results of each analysis furnished to the Federal Bureau of Investigation pursuant to 10 U.S.C. 1565(b)(2).
Title 28: Judicial Administration
PART 28—DNA IDENTIFICATION SYSTEM
Subpart B—DNA Sample Collection, Analysis, and Indexing
§ 28.11 Definitions.
§ 28.12 Collection of DNA samples.
§ 28.13 Analysis and indexing of DNA samples.
