(1)
Beginning July 1, 2007, each of the following adjudicated offenders shall submit to
collection and a chemical testing of the offender's biological substance sample to
determine the offender's genetic markers, unless the offender has already provided
a biological substance sample for such testing pursuant to a statute of this state:
(a) Every offender who, on or after July 1, 2007, is in the custody of the
department of human 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.
(b) Every offender who, on or after July 1, 2007, is on probation or supervision
for a sentence 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-five days prior to the
offender's scheduled termination of probation, supervision, or deferred
adjudication.
(c) Every offender who, on or after July 1, 2007, is in a county jail or a
community corrections 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-five days prior to the offender's release from the custody of the county jail or
community corrections facility.
(d) Every offender who, on or after July 1, 2007, is in a county jail or a
community corrections 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-five days prior to the offender's release from the custody of the county jail or
community corrections facility.
(e) Every offender sentenced on or after July 1, 2007, for an offense that
would constitute a felony if committed by an adult. This subsection (1)(e) does 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 must be collected:
(I) From an offender committed to the department of human services, by the
department during the intake process but in any event within thirty-five days after
the offender is received by the department;
(II) From an offender sentenced to county jail or to community corrections,
by the sheriff or by the community corrections program within thirty-five days after
the offender is received into the custody of the county jail or the community
corrections facility;
(III) From an offender sentenced to probation, by the judicial department
within thirty-five days after the offender is placed on probation; and
(IV) From an offender who receives any other sentence, by the judicial
department within thirty-five 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 must be collected:
(I) From an offender committed to the department of human services, by the
department during the intake process but in any event within thirty-five days after
the offender is received by the department;
(II) From an offender sentenced to county jail or community corrections, by
the sheriff or by the community corrections facility within thirty-five days after the
offender is received into the custody of the county jail or the community corrections
facility;
(III) From an offender sentenced to probation, by the judicial department
within thirty-five days after the offender is placed on probation;
(IV) From an offender who receives a deferred adjudication, by the judicial
department within thirty-five days after the offender is granted the deferred
adjudication; and
(V) From an offender who receives any other sentence, by the judicial
department within thirty-five days after the offender is sentenced.
(2) An order for payment toward the cost of care entered by the court
pursuant to subsection (1) of this section constitutes a judgment enforceable by the
state or the governmental agency that would otherwise incur the cost of care for
the juvenile in the same manner as are civil judgments.
(a) Adjudicated means having received a verdict of guilty by a judge or jury
or having pled 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.
(b) Unlawful sexual behavior has the same meaning as in section 16-22-102
(9).
(3) The judicial department, the department of human services, a sheriff, or a
contractor may:
(a) Use reasonable force to obtain biological substance samples in
accordance with this section 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.
(b) Collect biological substance samples notwithstanding that the collection
was not accomplished within an applicable deadline set forth in this section.
(4) Repealed.
(5) 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 of the chemical testing of
biological samples obtained pursuant to this section 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.
(6) A juvenile must not be charged a processing fee for the procurement and
analysis of samples described in this section.