Collection procedures; costs; collection materials; civil liability

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  • (a) The Director, after consultation with the Attorney General, shall establish regulations or procedures for the collection of DNA samples, including standards for training persons responsible for collection of DNA samples.

  • (b) Only a physician, registered professional nurse, licensed practical nurse, phlebotomist, health care worker with phlebotomist training or a person licensed and trained by the Director may collect DNA samples.

  • (c) The Director shall determine the cost of preparing, collecting and processing a DNA sample. The designated offender shall pay the cost of preparing, collecting and processing a DNA sample, unless the person is indigent as determined by 5 V.I.C., § 3503. The fees collected are retained by the Department to offset costs associated with creating, maintaining and administering the Databank and Database.

  • (d) The Department shall provide all blood sample vials, collection tubes, mailing tubes, other DNA sample collection materials, labels and instructions for the collection of DNA samples.

  • (e) If a person authorized under this section to collect DNA samples employs recognized medical procedures and complies with all regulations and procedures promulgated by the Director for the collection of DNA samples, that person is not subject to civil liability for the act of withdrawing blood, or any other act directly related to the taking of a DNA sample.

  • (f) The Director may use or authorize law enforcement personnel to use means necessary to detain, restrain, and collect DNA samples from a designated offender who refuses to cooperate in the collection and submission of a DNA sample. Law enforcement personnel are not subject to criminal prosecution or civil liability for the use of reasonable force.


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