N.J. Admin. Code § 13:81-1.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:81-1.4 - Offenders' obligation to submit DNA samples

(a) The obligation to submit a DNA sample shall be imposed upon:

1. Every person convicted on or after January 1, 1995, of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, and criminal sexual contact or an attempt to commit any of these crimes and those who were convicted and incarcerated as a result of a conviction of these offenses prior to January 1, 1995 if, on that date, the person was incarcerated or on parole;

2. Every person arrested on or after February 1, 2013, for one of the offenses set forth in (a)1 above;

3. Every person convicted, adjudicated delinquent, or found not guilty by reason of insanity on or after January 1, 2000, of murder, manslaughter, aggravated assault pursuant to paragraph (1) or (6) of subsection b of 2C:12-1, kidnapping, luring or enticing a child, engaging in sexual conduct which would impair or debauch the morals of a child, or an attempt to commit any of these crimes and those who were convicted and incarcerated as a result of a conviction of these offenses prior to January 1, 2000, if on that date the person was incarcerated or on parole; and

4. Every juvenile arrested on or after February 1, 2013, for acts, which if committed by an adult, would constitute one of the offenses set forth in (a)1 above;

5. Every person convicted, adjudicated delinquent, or found not guilty by reason of insanity on or after January 1, 2000, of murder, manslaughter, aggravated assault pursuant to paragraph (1) or (6) of subsection b of 2C:12-1, kidnapping, luring or enticing a child, engaging in sexual conduct which would impair or debauch the morals of a child, or an attempt to commit any of these crimes, and those who were convicted and incarcerated as a result of a conviction of these offenses prior to January 1, 2000, if on that date the person was incarcerated or on parole;

6. Every person arrested on or after February 1, 2013, for one of the offenses set forth in (a)5 above;

7. Every juvenile arrested on or after February 1, 2013, for acts, which if committed by an adult, would constitute one of the offenses set forth in (a)5 above; and

8. Persons who are convicted on or after September 22, 2003 of crimes, or in the case of juveniles adjudicated delinquent for acts, which if committed by adults would constitute crimes, or found not guilty by reason of insanity of crimes and such persons whose judgments preceded September 22, 2003, if, on that date, they were serving a sentence of imprisonment, probation, parole, or other form of supervision.

(b) If the offender is sentenced to a term of imprisonment, detention, or confinement, the offender shall have the obligation to submit a DNA sample upon commencement of the period of imprisonment, detention, or confinement. If the offender is not sentenced to a term of imprisonment, detention, or confinement, the offender shall have the obligation to submit a DNA sample as a condition of the sentence or adjudication imposed. An offender who has been convicted, adjudicated delinquent, or found not guilty by reason of insanity of a crime prior to September 22, 2003, and who, on that date, is serving a sentence or adjudication of imprisonment, probation, parole or other form of supervision as a result of the crime or delinquent conduct or is confined following acquittal by reason of insanity shall have the obligation to provide a DNA sample before termination of imprisonment, probation, parole, supervision or confinement, as the case may be. An offender who has been arrested for a qualifying offense or a qualifying delinquent act shall have the obligation to provide a DNA sample before release from custody. The termination of imprisonment, probation, parole, supervision, confinement, or the release from custody, as the case may be, shall not relieve an offender of this obligation if prior thereto the offender did not submit a DNA sample or if the DNA sample or identification information is found to be inadequate for DNA analysis or identification.

(c) If an offender refuses to allow a DNA sample to be collected pursuant to the provisions of the DNA Act, the offender shall be arrested for refusal to allow a blood or biological sample to be drawn, a crime of the fourth degree under 2C:29-11.

N.J. Admin. Code § 13:81-1.4

Amended by 47 N.J.R. 1640(a), effective 7/6/2015