DNA Collection at Arrest

Policy: DNA Collection at Arrest

Author: Chief Joseph M. Hallman

WILEAG Standard: N/A

Issue Date: April 7, 2017

Reviewed Date: March 24, 2026

Revised Date: March 24, 2026

Purpose:

The purpose of this policy is to provide guidance to officers regarding the mandatory collection of DNA evidence in “violent crime” incidents.

Policy:

It is the policy of this department that a DNA sample will be collected for all subjects arrested for “violent crimes” or those subjects who are arrested for anything else, but “flagged” as owing a sample of DNA.

Definitions:

1. DNA- Deoxyribonucleic Acid
2. DNA Collection Needed “Flag”- This is a message that will come up in either the TIME system or ETIME system when running the subject’s criminal history requesting that the DNA sample should be collected.
3. Violent Crimes- This is a felony violation of any of the following, as defined in Wis. Stat. §165.84(7)(ab).  A list of those violations can be found in Appendix A.
4. DNA Buccal Swab Collection Kit- This kit contains buccal swabs, swab envelopes, gloves, white mailing envelope, bar codes, integrity seals, and a shipping seal.
5. DNA Submission Form- The form required to submit DNA collection to the Crime Laboratory.  This form can be found on both on Wilenet and ETIME.  When using ETIME, there is link to the form, when running a criminal history in ETIME and the subject is flagged as “Collection Needed”, there is a link to the form that will automatically enter the subject’s information into the form.

Procedures:

1. Wisconsin law requires law enforcement agencies to obtain a DNA specimen at arrest from an adult or any juvenile taken into custody for specific violent crimes. Refer to Appendix A for the current list of these crimes.
2. Wisconsin law requires any adult who is convicted of any felony to produce a DNA specimen. Any juvenile, who is convicted of a juvenile offense, if the offense would be a felony if committed by an adult, must also produce a DNA specimen. In addition, certain misdemeanor convictions by an adult or juvenile require submission of a DNA specimen. Refer to Appendix A for the current list of these convictions.
3. Wisconsin law also makes it a crime for any person to intentionally NOT produce a DNA specimen when required (at arrest or post-conviction). This is a separate misdemeanor offense and provides law enforcement with flexibility when dealing with a subject who is refusing to produce a specimen. Refer to Appendix A for further information.
4. Wisconsin law allows law enforcement to use reasonable force to obtain a DNA specimen from a person who is required to produce a DNA specimen and who intentionally refuses to provide the specimen.
5. Any official who is authorized as described in D. above is immune from civil or criminal liability for collecting a specimen if the collection is in compliance with state statutes and performed in good faith and in a reasonable manner.
6. Required “Arrest” specimens are to be taken at booking.
7. Required “Post-Conviction” specimens may be taken at the Grant County Jail or the Platteville Police Department if the subject or offender is not going to be charged with a new offense that would require a specimen.  Officers shall use Wisconsin State Crime Lab kits with the white barcode.
8. If the subject or offender refuses to provide a required specimen and they are uncooperative, they should be taken into custody for refusing to provide the specimen and taken to the Grant County Jail.
9. If a subject or offender refuses to provide a specimen, the following procedure will be followed unless the Grant County Jail performs this procedure.
   1. An Officer shall contact the Grant County District Attorney’s Office who may apply for a petition with the Circuit Court for an Order compelling the subject or offender to provide the required biological specimen (DNA).
   2. The petition shall establish reasonable cause to believe the subject or offender is required to provide the biological specimen and that the subject or offender’s biological specimen is not included in the date bank as required by state statute.
   3. If the Circuit Court determines the petition satisfies the conditions required by statute, the Court shall issue an Order requiring the subject or offender to appear in Court to show cause why they are not required to provide the biological specimen OR prior to the hearing the subject or offender may provide the biological specimen to the Grant County Sheriff.
      1. The hearing shall be scheduled for not less than 10 days nor more than 45 days after the Court enters the Order. The Order and the petition and any supporting material shall be served upon the subject or offender in a manner provided for serving a summons.
      2. At the hearing, the subject or offender has the burden of rebutting the information in the petition and demonstrating why they are not required to submit the biological specimen.
   4. If the Court determines that the subject or offender is required to submit the biological specimen, the Court shall issue an Order to facilitate the collection of the specimen from them, which may authorize arrest, detention of the person, and/or the use of reasonable force to obtain the specimen.
10. Officers shall request dispatch to run the arrestee through the TIME system to check whether a DNA sample is required or not.
11. What needs to be Collected and Completed:
    1. DNA sample
    2. Complete DNA Buccal Swab Collection Kit Submission Form found on Wilenet.
    3. Complete two ten-print fingerprint cards
    4. Mail DNA sample, the submission form, and one fingerprint card to the Crime Laboratory Bureau
12. Collection of the biological specimens from subjects or offenders shall be taken as directed by the Wisconsin State Crime Lab using the kit provided by them.
    1. Grant County Jail (Subject will be booked in jail)
       1. The Grant County Jail has DNA Buccal Swab Collection Kits at their facility.
       2. Grant County Jailors will complete the above requirements for the arresting officer during booking.
    2. Platteville PD (Will not be booked in Jail, arrested for a non-violent crime, but flagged in System for collection)
       1. The arresting Officer will be responsible for the collection of DNA sample, completing the submission form, and obtaining fingerprint cards from the arrestee.
       2. DNA collection kits are available at the Platteville Police
          Department.
    3. All biological specimens that have been collected shall be inventoried and placed on property.
13. The investigating officer or designee shall be responsible for submitting the biological specimen, correct colored barcode, 10-print fingerprint card and any other required information to the Wisconsin State Crime Lab by mail in a timely manner.
14. The Chief of Police or designee shall be responsible for tracking all biological specimens obtained by the Department and reporting for reimbursement from the Wisconsin State Crime Lab at the designated rate per specimen.
15. If transporting to the Grant County Jail, they will have their procedures for the collection of these specimens, and the officer shall follow those procedures.
16. If a subject or offender refuses to provide a specimen as required, the Officer shall arrest the subject or offender for failure to submit a biological specimen under Wis. Stat. 946.52.
    1. If the Officer feels it is unsafe or feels he/she would need to use more than a reasonable amount of force to collect the sample, the officer will transport the subject or offender to the Grant County Jail.
    2. The Officer will inform the jail staff of the offender’s refusal to provide a DNA sample.
17. The biological specimen kits, either for arrest or conviction, are NOT to be used for the collection of evidence. Refer to the most recent version of the Wisconsin State Crime Lab Handbook for information on the collection of biological evidence, the preservation, storage, and submission of those specimens.
18. Juveniles
    1. This law also applies to juveniles who are taken into custody for committing a delinquent act that would be a qualifying violent crime if they were an adult.
       1. A juvenile who refuses to provide a sample is committing the delinquent act of failure to produce a sample under Wis. Stat §946.52

APPENDIX A