P.R. Laws tit. 34, § 4007
(a) In the event that a person is convicted of any of the crimes listed in § 4006 of this title, the samples shall be collected at the person’s place of imprisonment or detention after a guilty verdict has been rendered. It shall be the responsibility of the Department of Corrections and Rehabilitation to designate areas where the samples shall be collected, ensuring the safety of the procedure through regulations and pursuant to §§ 2001 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”.
Only those persons duly authorized by the Institute shall collect samples. The Institute shall establish through regulations the specific procedures related to collecting and handling a sample, as well as the chain of custody thereof. The Department of Corrections and Rehabilitation, the Corrections Administration, the Institute, and law enforcement agencies shall establish the necessary coordination for the procedure related to sample collection and chain of custody.
(b) Any person subject to this chapter can voluntarily submit a DNA sample for analysis. However, if any person hereby required to do so refuses to submit a sample, the Prosecution can request the Secretary of Justice to file a motion with the court to order the person to submit the DNA sample for analysis.
(c) The collection of the DNA sample of any person against whom there is cause for arrest for committing or attempting to commit any of the crimes listed in § 4006(e) of this title shall take place simultaneously with the fingerprinting and booking process at the Police station or headquarters where the person is detained after his/her arrest. The Puerto Rico Police Department shall, through regulations and according to the laws in effect, designate the areas where samples shall be collected, ensuring the safety of the procedure.
The Forensic Institute of Sciences shall establish, through regulations, the specific procedures related to collecting and handling samples in the facilities of the Puerto Rico Police Department, as well as the chain of custody of the material. The Puerto Rico Police Department and the Institute of Forensic Sciences, or the government entity that may substitute it, shall establish the necessary coordination for the procedure related to the collection and chain of custody of the sample.
History —July 24, 1998, No. 175, § 9; Dec. 30, 2010, No. 253, § 2.