The DNA identification system helps
solve crimes by matching the DNA left in crime scene evidence by
perpetrators of crimes with the DNA profiles in national, state,
and local DNA databases. The DNA profiles in the databases are
derived from DNA samples that the states and the federal government
collect from crime scenes and from individuals in the criminal
justice system. All of the states and the federal government collect
DNA samples from certain categories of individuals for this purpose.
In 2000, Congress initially authorized the collection of DNA samples
by federal agencies from persons convicted of certain federal crimes.
Since that time, it has amended 42 U.S.C. 14135a. Most recently,
Congress amended 42 U.S.C. 14135a to authorize the Attorney General
to extend DNA sample collection by regulation to any individuals
who are arrested, facing charges, or convicted, and to non-United
States persons who are detained under the authority of the United
States. The Office of Legal Policy is in the process of developing
regulations to implement this latest authority and has been responsible
for the development of earlier regulations relating to DNA sample
collection. The regulations governing DNA sample collection in
the federal jurisdiction appear in 28 CFR Part 28.
DNA Sample Collection and
Biological Preservation in Federal Jurisdiction