Responsibility for collection of DNA

1. The following agencies are designated agencies for the collection of DNA samples from qualifying offenders: a. If the qualifying offender has not previously had a sample collected for inclusion in the law enforcement DNA database, the law enforcement agency in the county where the qualifying offender has been arrested or the correctional facility where the qualifying offender has been booked for the commission of a felony offense shall collect the DNA sample. b. If the qualifying offender has not previously had a sample collected for inclusion in the law enforcement DNA database and is serving a term of incarceration in a correctional facility subject to North Dakota Century Code chapter 12-44.1, the correctional facility shall collect the DNA sample prior to release of the offender. c. If the qualifying offender has not previously had a sample collected for inclusion in the law enforcement DNA database and is in the custody of the department of corrections and rehabilitation, the department of corrections and rehabilitation shall collect the DNA sample. d. If the qualifying offender has not previously had a sample collected for inclusion in the law enforcement DNA database and is subject to probation under the supervision and management of the department of corrections and rehabilitation, the department of corrections and rehabilitation shall collect the DNA sample from the offender prior to expiration of the offender's probation. e. If the qualifying offender has not previously had a sample collected for inclusion in the law enforcement DNA database and is required to register under North Dakota Century Code section 12.1-32-15, the registering agency in the county where the qualified offender is registered shall collect the DNA sample. 2. At the time of arrest or booking, registration under North Dakota Century Code section 12.1-32-15, or sentencing, if no order has been issued requiring the qualifying offender to provide a sample and the qualified offender refuses to provide a sample, the designated agency may ask the state's attorney of the county of arrest, registration under North Dakota Century Code section 12.1-32-15, or conviction, or the county in which the offender is located, to request the court to issue an order requiring the qualifying offender to submit a DNA sample for inclusion in the law enforcement DNA database. The court may require the qualifying offender to pay costs. 3. If the qualifying offender voluntarily consents to provide the sample, no court order is necessary.