1, 2007, each of the following adjudicated offenders shall submit to and pay for collection and a chemical testing of the offender's biological substance sample to determine the genetic markers thereof, unless the offender has already provided a biological substance sample for such testing pursuant to a statute of this state:
Every offender who, on or after July 1, 2007, is in the custody of the department ofhuman services for a commitment imposed before that date, including an offender on parole, based on adjudication for an offense involving unlawful sexual behavior, or for which the underlying factual basis involved an offense involving unlawful sexual behavior. The department shall collect the sample as soon as possible.
Every offender who, on or after July 1, 2007, is on probation or supervision for asentence that was imposed before that date, or is on a deferred adjudication that was before that date, for an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior. The judicial department shall collect the sample at least thirty days prior to the offender's scheduled termination of probation, supervision, or deferred adjudication.
Every offender who, on or after July 1, 2007, is in a county jail or a communitycorrections facility for a sentence imposed before that date based on adjudication for an offense that would constitute a felony if committed by an adult. The sheriff or the community corrections program shall collect the sample at least thirty days prior to the offender's release from the custody of the county jail or community corrections facility.
Every offender who, on or after July 1, 2007, is in a county jail or a communitycorrections facility for a sentence imposed before that date based on adjudication for a misdemeanor offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior. The sheriff or the community corrections program shall collect the sample at least thirty days prior to the offender's release from the custody of the county jail or community corrections facility.
Every offender sentenced on or after July 1, 2007, for an offense that would constitute a felony if committed by an adult. This paragraph (e) shall not apply to an offender granted a deferred adjudication, unless otherwise required to submit to a sample pursuant to this section or unless the deferred adjudication is revoked and a sentence is imposed. The sample shall be collected:
From an offender committed to the department of human services, by the departmentduring the intake process but in any event within thirty days after the offender is received by the department;
From an offender sentenced to county jail or to community corrections, by the sheriff or by the community corrections program within thirty days after the offender is received into the custody of the county jail or the community corrections facility;
From an offender sentenced to probation, by the judicial department within thirtydays after the offender is placed on probation; and
From an offender who receives any other sentence, by the judicial department within thirty days after the offender is sentenced.
(f) Every offender who, on or after July 1, 2007, is sentenced for an adjudication of, or who receives a deferred adjudication for, an offense involving unlawful sexual behavior or for which the underlying factual basis involves unlawful sexual behavior. The sample shall be collected:
From an offender committed to the department of human services, by the departmentduring the intake process but in any event within thirty days after the offender is received by the department;
From an offender sentenced to county jail or community corrections, by the sheriffor by the community corrections facility within thirty days after the offender is received into the custody of the county jail or the community corrections facility;
From an offender sentenced to probation, by the judicial department within thirtydays after the offender is placed on probation;
From an offender who receives a deferred adjudication, by the judicial departmentwithin thirty days after the offender is granted the deferred adjudication; and
From an offender who receives any other sentence, by the judicial department withinthirty days after the offender is sentenced.
(2) For purposes of this section:
"Adjudicated" means having received a verdict of guilty by a judge or jury or havingpled guilty or nolo contendere. Except where otherwise indicated, "adjudicated" does not include deferred adjudication unless the deferred adjudication is revoked and a sentence is imposed.
"Unlawful sexual behavior" shall have the same meaning as in section 16-22-102 (9),C.R.S.
(3) The judicial department, the department of human services, a sheriff, or a contractor may:
Use reasonable force to obtain biological substance samples in accordance with thissection using medically recognized procedures. In addition, an offender's refusal to comply with this section may be grounds for revocation or denial of parole, probation, or deferred adjudication. Failure to pay for collection and a chemical testing of a biological substance sample shall be considered a refusal to comply if the offender has the present ability to pay.
Collect biological substance samples notwithstanding that the collection was not accomplished within an applicable deadline set forth in this section.
Any moneys received from an offender pursuant to this section shall be deposited inthe offender identification fund created in section 24-33.5-415.6, C.R.S.
The Colorado bureau of investigation shall conduct the chemical testing of the biological substance samples obtained pursuant to this section. The Colorado bureau of investigation shall file and maintain the results thereof and shall furnish the results to a law enforcement agency upon request. The Colorado bureau of investigation shall store and preserve all biological substance samples obtained pursuant to this section.
Source: L. 2006: Entire section added, p. 1690, § 13, effective July 1, 2007. L. 2007: Entire section R&RE, p. 1616, § 2, effective July 1.