Inmate DNA Sample Collection Procedures

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Program Statement	5311.01
Subject	Inmate DNA Sample Collection Procedures
Current edition	November 15, 2010
Effective date	February 1, 2011 (printed separately on the Program Statement cover)
Change notices	None
Supersedes	“This Program Statement supersedes all previously issued Bureau guidance on DNA sample collection procedures” — no numbered predecessor is named
Governing regulation	28 C.F.R. § 28.12
Governing statutes	34 U.S.C. § 40702 (federal offenders) and 34 U.S.C. § 40703 (certain D.C. Code offenders) — both cited in the Program Statement under their former codification at 42 U.S.C. §§ 14135a and 14135b
Related forms	FBI Form FD-936 (National DNA Database Entry Form); BP-A0381 Inmate Activity Record; BP-A0714 Notice of Release and Arrival
Official PDF	https://www.bop.gov/policy/progstat/5311_001.pdf

Checked against the BOP policy set · 2026-09-07 · How we verify

Program Statement 5311.01 is the Bureau of Prisons’ instruction to staff on collecting DNA samples from people in its custody and sending them to the FBI for entry into CODIS, the Combined DNA Index System. For most people the collection happens shortly after arrival at the designated institution — the Program Statement tells staff a sample will normally be taken within 72 hours, and no later than 7 days — which is why it sits alongside fingerprinting and photographs in what we describe on our companion page, the intake process on your first day in prison.

Two things drive almost every question people have about this policy: who has to give a sample, and what happens if someone does not. Both are answered below from the Program Statement’s own words and from the regulation and statute that stand behind it. We do not tell anyone whether to give a sample or to decline; that is a decision to take with a lawyer, and the consequences on both sides are set out here so the decision can be an informed one.

The rule itself: DNA collection

Two parts of this Program Statement are worth reproducing exactly: the list of people the Bureau collects from, and the time frames it works to. The first is the reason most people are on this page.

Who the Bureau collects samples from

“Pursuant to these authorities, the Bureau will collect DNA samples from persons in Bureau custody who are:

\# Convicted of any federal offense (felony or misdemeanor);

\# Convicted of any Uniform Code of Military Justice (military) offense (felony or misdemeanor);

\# Convicted of a qualifying D.C. Code offense (as provided on a list);

\# Arrested or facing charges (pretrial inmates); and

\# Non-United States persons who are detained under the authority of the United States (including the Bureau) (persons who are not United States citizens and who are not lawfully admitted for permanent residence as defined by 8 C.F.R. § 1.1 (b)).”

Reproduced from Program Statement 5311.01 at pp. 1–2. The “#” characters are the bullet marks used throughout the original document.

Three points about that list. It reaches misdemeanor convictions, not only felonies. It reaches pretrial detainees, who have been convicted of nothing. And the Program Statement adds that collection “also extends to juveniles” (PS 5311.01 at p. 3).

The regulation behind it says the same thing in the Bureau’s direction. 28 C.F.R. § 28.12(a) provides that “The Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of— (1) A Federal offense (including any offense under the Uniform Code of Military Justice); or (2) A qualifying District of Columbia offense,” and § 28.12(b) extends collection to people “who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the United States.”

The time frames

Situation	What the Program Statement tells staff	Pin-cite
Qualifying person arrives at the Bureau facility (initial designation or pretrial)	Sample “will normally be collected within 72 hours of their arrival, but no later than 7 days, unless the inmate is not physically in the institution”	PS 5311.01 at p. 3
Release falls inside that 7-day window	“Any inmate who is immediately releasing from the institution before the 7-day period expires will have a DNA sample collected prior to his/her release.”	PS 5311.01 at p. 3
Already at the designated facility	DNA status reviewed at Initial Classification, at the next Program Review, “or immediately if the inmate’s release is imminent”	PS 5311.01 at p. 5
Approaching release or halfway-house transfer	Staff review and update SENTRY “at least 60 calendar days prior to the inmate’s projected release date or Residential Reentry Center (RRC) transfer date”	PS 5311.01 at p. 5
Imminent release date	A sample “should be obtained no later than 7 calendar days before his/her release”	PS 5311.01 at p. 5
After the sample is taken	Staff mail the sealed kit “no later than during the next business day after collection,” and package and mail “ordinarily within 24 hours of collection”	PS 5311.01 at p. 5

Reproduced from Program Statement 5311.01. Every figure above was re-checked against the layout-preserved text of the original PDF.

The Program Statement states its own objective in the same terms: that a sample will be taken “within established time frames, but no later than prior to final institution release” (PS 5311.01 at p. 2).

How a sample is taken

Collection is by buccal swab — a cheek swab — using a Federal Convicted Offender Program / FBI Buccal Swab Collection Kit. The Program Statement lists what each kit contained at issuance: the FD-936 form, two EasiCollect™ buccal collection devices, two collection-device envelopes, buccal collection instructions, a sterile gauze pad, one pair of nitrile (latex-free) gloves, a pre-inked fingerprint pad, two clean wipes for ink removal, and a kit return envelope (PS 5311.01 at p. 4). Staff also roll fingerprints from both index fingers onto the FD-936. Blood draws are not the routine method under this policy; the one place the Program Statement mentions blood is in the use-of-force paragraph discussed below.

What happens if someone already gave a sample

This is the second-most common question, and the Program Statement handles it through SENTRY status codes rather than prose. The statuses matter because they are what a unit team is actually looking at.

SENTRY DNA status	What it records	Effect
A DNA number (e.g. LVN00001)	A sample was collected at a Bureau institution	“Another DNA sample is not required.”
PREBOP TST	Documentation shows a sample was collected upon arrest, or staff verified a prior sample	“Another DNA sample is not required.”
PREBOP PND	The person says they previously gave a sample and staff are still checking	Verification pending; see below
NEED	A sample is required and has not been taken	Sample to be collected
N/A DC	Sentenced by the D.C. Superior Court with no current or past conviction for a qualifying D.C. Code offense	No sample under this policy
N/A OTHER	“solely serving a state sentence or is not required by Federal law to provide a DNA sample”	No sample under this policy
N/A / N/A JFA	Previously reviewed and found not applicable, including under the Justice for All Act	Reviewed again if new information arrives, at the next Program Review, “or immediately if the inmate’s release is imminent”

Reproduced from Program Statement 5311.01 at pp. 6–7 (§ 4.a–i).

The verification rule is the part to read closely. If someone says they already gave a sample under the DNA Act, “staff use reasonable efforts to contact the appropriate agency and confirm the claim,” and document the inquiry on the Inmate Activity Record (BP-A0381) in Section 2 of the Central File. But the Program Statement then says: “If it cannot be determined with certainty that an inmate has previously submitted a DNA sample, staff collect another DNA sample” (PS 5311.01 at p. 8).

That default cuts one way. The statute is more permissive than the policy here: 34 U.S.C. § 40702(a)(3) provides that where CODIS “contains a DNA analysis with respect to that individual,” the Director of the Bureau of Prisons “may (but need not) collect a DNA sample from that individual” — permission to skip, not a prohibition on collecting. 28 C.F.R. § 28.12(e) is to the same effect. So a second collection where the first cannot be confirmed is consistent with the statute; it is not a violation of it.

If you have documentation of a prior collection — a booking record, a probation file, a prior BOP DNA number — getting it in front of the unit team early, in writing, is the practical way that documentation ever reaches the file.

Refusing a sample: what the sources actually say

We do not advise anyone here to refuse or to comply. What follows is what the Bureau, the regulation and the statute say happens, so that the decision is made with the consequences in view rather than in the dark. Anyone weighing it should raise it with counsel first.

Counseling comes first. Under the Program Statement, someone who refuses “must first be counseled by appropriate staff (Psychology Services, unit staff, etc.) regarding their obligation to provide a sample and the possible consequences of non-compliance,” and that “[c]ounseling must be provided in a format appropriate in content and vocabulary to the inmate’s education level, literacy, and language.” Documentation of those efforts is kept in the Inmate Central File (PS 5311.01 at p. 7).

The Program Statement then names three consequences. In its own words: “Consequences for refusing to provide a DNA sample include an incident report(s), progressive administrative sanctions, and possible criminal prosecution” (PS 5311.01 at p. 7).

The disciplinary charge. PS 5311.01 does not name a prohibited-act code, because it was issued in November 2010 and the code that fits was created by the inmate discipline policy in 2011. The code is 227, and it is a High severity level prohibited act. Verified against the current regulation, Table 1 of 28 C.F.R. § 541.3, it reads: “Refusing to participate in a required physical test or examination unrelated to testing for drug abuse (e.g., DNA, HIV, tuberculosis).” The 200 series is the High severity level, which carries the sanctions available at that level — including loss of good conduct time — through the disciplinary hearing process described in the inmate discipline program.

The criminal exposure. This is the part most people do not know. 34 U.S.C. § 40702(a)(5) provides that an individual from whom collection is authorized “who fails to cooperate in the collection of that sample shall be— (A) guilty of a class A misdemeanor; and (B) punished in accordance with title 18.” 34 U.S.C. § 40703(a)(5) says the same for qualifying D.C. Code offenders. A refusal is therefore capable of being charged as a separate federal offense, not only as a disciplinary matter. Whether it is charged in any given case is a prosecutorial decision and nothing here predicts one.

Force is authorized. 28 C.F.R. § 28.12(d) provides that collecting agencies “may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual … who refuses to cooperate in the collection of the sample.” The Program Statement channels that through the Bureau’s ordinary use-of-force framework: if counseling and progressive sanctions fail, or release is approaching, “standard ‘use of force’ protocols (including standard confrontation avoidance procedures) must be invoked, using only the amount of force necessary to obtain a DNA sample,” a blood sample is recommended where calculated use of force is necessary, and “[i]n any instance where use of force is necessary, Bureau staff collect the DNA sample (not contractors)” (PS 5311.01 at pp. 7–8). The framework itself is set out in use of force and restraints.

The constitutional question is settled against the challenge in the circuits that have reached it. In Groceman v. United States Department of Justice, 354 F.3d 411 (5th Cir. 2004), the Fifth Circuit held that “collection of DNA from prisoners under the DNA Act is reasonable under the Fourth Amendment,” reasoning that although the extraction “implicates Fourth Amendment rights,” it is reasonable “in light of an inmate’s diminished privacy rights, the minimal intrusion involved, and the legitimate government interest in using DNA to investigate crime,” and that “persons incarcerated after conviction retain no constitutional privacy interest against their correct identification.” A Fourth Amendment objection to routine post-conviction collection is, on that authority, a losing argument.

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: When this comes up in a consult, the useful work is almost never about whether to refuse. It is about the record: whether the person is actually within one of the five categories, whether a prior sample exists and can be documented, and — where an incident report has already issued — whether the disciplinary process itself was run correctly. Those are questions with answers in the file. The refusal question usually is not.

What DNA collection means for you

If you are the person inside: expect this at intake

Expect this at intake. The Program Statement tells staff to review the incoming movement list, pull your identifying numbers from SENTRY before you arrive, and take the sample normally within 72 hours of arrival and no later than 7 days. If you have already given a sample, say so at the time and say where and when — the Program Statement tells staff to make reasonable efforts to verify a claim like that, and your status is recorded as PREBOP PND while they check. If they cannot confirm it, policy directs them to collect again.

If you believe you are not within any of the five categories — for example, you are serving only a state sentence, or you were sentenced by the D.C. Superior Court without a conviction for a qualifying D.C. Code offense — that is a factual question about your record, and the place to raise it is in writing. Start with an Inmate Request to Staff to the unit team identifying which SENTRY status you believe applies and why. If the answer is wrong, the formal route is BP-8 informal resolution, then BP-9, BP-10 and BP-11 through the Administrative Remedy Program.

If you are the family: why there is nothing to do here

There is usually nothing here for a family to do, and that is worth saying plainly. Collection is routine, it happens at intake alongside fingerprints and photographs, and it is not a sign that anything new is being investigated. The sample goes to the FBI for analysis and entry into CODIS; the Bureau does not conduct the analysis.

Where a family can help is with documentation. If your relative gave a DNA sample at arrest, at a prior federal or state incarceration, or while on supervision, any paperwork you can locate and send in — a booking sheet, a probation record, a prior Bureau register number — is exactly what “reasonable efforts to confirm the claim” needs to work with. Mail it in and keep a copy. And if an incident report has issued for refusal, treat that as a disciplinary matter with real consequences and get it in front of counsel quickly, because the hearing clock runs fast.

If you are counsel: DNA collection

Four things are worth checking. First, codification. PS 5311.01 cites 42 U.S.C. §§ 14135a and 14135b throughout, including at § 5 and § 7; those provisions were editorially reclassified in 2017 and now appear at 34 U.S.C. §§ 40702 and 40703. Cite the current sections.

Second, the scope mismatch is only apparent. The statute’s mandatory BOP duty at § 40702(a)(1)(B) is keyed to a “qualifying Federal offense,” defined at § 40702(d) as any felony, any offense under chapter 109A of title 18, any crime of violence, or an attempt or conspiracy to commit one. PS 5311.01 says “any federal offense (felony or misdemeanor).” That broader statement tracks the regulation, 28 C.F.R. § 28.12(a)(1) — “A Federal offense (including any offense under the Uniform Code of Military Justice)” — which the Attorney General issued under the separate authority in § 40702(a)(1)(A). The policy is not overstating the statute; it is following the regulation.

Third, the D.C. list is not public in the policy. The qualifying D.C. Code offense list lives on an internal Bureau site and, per the Program Statement, “will be updated periodically to reflect statutory changes.” 34 U.S.C. § 40703(d) leaves the definition of qualifying D.C. offenses to the District of Columbia government. If the classification of a D.C. Code sentence is contested, the list version in effect at the time is a discovery item, not something readable off the policy. Sentence-side questions for these cases run through D.C. Code sentence computation.

Fourth, supervision cases are somebody else’s duty. For people at a Residential Reentry Center, the Program Statement says samples are “ordinarily … collected by the supervising agency once the inmate is released to supervision,” and § 40702(a)(2) places the collection duty on the probation office for people on probation, parole or supervised release. DNA status travels to Probation on the Notice of Release and Arrival (BP-A0714).

What has not changed in PS 5311.01

PS 5311.01 has no Change Notice and has not been reissued. It was not among the twenty-three Program Statements reissued effective 22 June 2026, nor among the Feb–May 2026 reissues. It has stood in its 2010 form for fifteen years.

Its own supersession statement is unusually broad and names no numbered predecessor: “This Program Statement supersedes all previously issued Bureau guidance on DNA sample collection procedures.” It then lists what it changed:

“\# Collection of DNA via buccal swab has been incorporated into the collection method. \# DNA samples will be collected on qualifying inmates arriving at their designated institutions. \# Collection of DNA from juveniles is now permitted. \# Staff should use reasonable efforts to confirm an inmate’s claim that he/she has previously provided a DNA sample pursuant to the DNA Act. \# Bureau staff should assist state, local, and other agencies in collecting DNA from consenting inmates if certain criteria is met. \# Institution Supplements must be written at each institution to delineate staff responsibilities.”

Reproduced from PS 5311.01 at p. 2.

The Program Statement’s own background section traces the statutory history: the DNA Analysis Backlog Elimination Act of 2000 (Pub. L. No. 106-546), as modified by the USA PATRIOT Act of 2001, the Justice for All Act of 2005, section 1004 of the DNA Fingerprint Act of 2005, and section 155 of the Adam Walsh Child Protection and Safety Act of 2006, with an implementing rule published in the Federal Register on December 10, 2008 (Vol. 73, No. 238, pp. 74932–74943).

Two things have moved since, and neither is reflected in the document. The statutory citations were reclassified from Title 42 to Title 34 in 2017. And the current version of the implementing regulation, 28 C.F.R. § 28.12, was published on 9 March 2020 and took effect 8 April 2020 — a decade after the Program Statement. The 2020 regulation is the one in force; where the two differ, the regulation binds and the Program Statement is the Bureau’s instruction for applying it.

Where people get stuck over DNA collection

A sample is taken twice. This is the single most common complaint and it usually has the same cause: a prior sample that the Bureau could not verify. Under PS 5311.01, staff use reasonable efforts to confirm the claim, but “[i]f it cannot be determined with certainty that an inmate has previously submitted a DNA sample, staff collect another DNA sample.” Route: get documentation of the prior collection into the unit team’s hands in writing, before the sample is taken if possible, and ask that the inquiry and its result be documented on the Inmate Activity Record (BP-A0381) as the policy directs. Once a second sample has been taken, a remedy will not undo it — the value of the paperwork is prospective.

An incident report for refusal, written by the wrong person. The Program Statement is specific about who writes the report: at facilities where Health Services is contracted out, the person responsible for contract oversight; at institutions where only DNA testing is contracted out, the staff member who counseled the inmate; “[i]n all other cases, the staff member collecting the DNA sample” (PS 5311.01 at pp. 7–8). Route: a code 227 charge is a disciplinary matter, and the defenses are the ordinary ones — notice, timing, the reporting officer, whether counseling actually occurred and was documented. Raise them at the Discipline Hearing Officer stage, then BP-9 through BP-11. Do not let the hearing pass on the assumption the outcome is fixed.

Being told a sample is required when the SENTRY status says otherwise. The status codes are the operative record, and they can be wrong — a state-only sentence coded as federal, a D.C. Superior Court sentence coded as a qualifying offense, an N/A status not re-reviewed after new information. Route: an Inmate Request to Staff naming the status you believe applies and the document that supports it, then the administrative remedy chain. This is a records question, so the Central File and records policy is the companion document.

Release approaching with no sample taken. The policy front-loads this: SENTRY is reviewed at least 60 calendar days before the projected release or RRC transfer date, and a sample for someone with an imminent release date “should be obtained no later than 7 calendar days before his/her release.” When those reviews slip, collection can land in the last days before release, sometimes at the point of transfer. Route: this is not a remedy problem so much as a timing one. If a release or halfway-house date is close and DNA status is unresolved, raise it with the unit team in writing now rather than at the door — halfway house placement procedures explains where those dates come from.

Related BOP policy on DNA collection

DNA collection sits inside the intake sequence and inside the discipline system, and the surrounding policies are where most of the answers are:

• Intake screening and receiving and discharge — what else happens in the first hours and days
• Inmate discipline program — where a code 227 incident report goes, and the hearing rights that attach
• Use of force and restraints — the framework the Program Statement invokes for a continued refusal
• Central File and records — where the verification inquiry and counseling documentation are filed
• D.C. Code sentence computation — for the qualifying D.C. offense question
• Pretrial inmates and juvenile delinquents — the two populations the policy expressly reaches beyond sentenced adults
• Administrative Remedy Program and how to file a BP-9 — the route for every dispute on this page

The companion page is the intake process on your first day in prison. Where a code 227 finding has cost good conduct time and that changes a release date, our federal prison early release work explains how the firm approaches it; legal representation is provided by Elizabeth Franklin-Best.

Frequently Asked Questions About DNA Sample Collection

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Program Statement 5311.01 — full text

What follows is the Bureau of Prisons’ own text, reproduced in full from the agency’s published PDF. Nothing has been summarized or condensed. Source: Program Statement 5311.01 (bop.gov).

U.S. Department of Justice Federal Bureau of Prisons

PROGRAM STATEMENT

OPI: CPD/CPB NUMBER: 5311.01 DATE: November 15, 2010 EFFECTIVE DATE: February 1, 2011 Inmate DNA Sample Collection Procedures /s/ Approved: Harley G. Lappin Director, Federal Bureau of Prisons

1. PURPOSE AND SCOPE

This Program Statement provides procedures for identifying persons in Bureau of Prisons (Bureau) custody from whom DNA (deoxyribonucleic acid) samples will be collected, as well as the DNA sample collection procedures, as authorized by current statutes and Federal regulations. DNA analysis provides a powerful tool for human identification. DNA samples collected from individuals or derived from crime scene evidence are analyzed to produce DNA profiles that are entered into the Federal Bureau of Investigation’s (FBI) Combined DNA Index System (CODIS). The practical uses of the DNA profiles (“genetic fingerprint”) in CODIS are similar to those of actual fingerprints, such as:

The Bureau’s current authorities to collect DNA samples from persons in Bureau custody are as follows:

certain Federal offenders;

certain District of Columbia offenders; and

Pursuant to these authorities, the Bureau will collect DNA samples from persons in Bureau custody who are:

misdemeanor);

(including the Bureau) (persons who are not United States citizens and who are not lawfully admitted for permanent residence as defined by 8 C.F.R. § 1.1 (b)). Additionally, this Program Statement provides guidance on responding to requests from state and local law enforcement agencies for DNA samples of persons in Bureau custody. This Program Statement supersedes all previously issued Bureau guidance on DNA sample collection procedures, and specifically includes the following:

provided a DNA sample pursuant to the DNA Act.

inmates if certain criteria is met.

a. Program Objectives. The expected results of this Program Statement are:

within established time frames, but no later than prior to final institution release.

collection procedures contained in this directive are strictly followed.

to ensure full compliance with applicable statute(s).

2. BACKGROUND

On December 19, 2000, the DNA Analysis Backlog Elimination Act of 2000 (Pub. L. No. 106- 546) was enacted. That law required the Bureau to obtain a DNA sample from each inmate convicted of a qualifying offense. The definition of a qualifying offense was subsequently modified by the USA PATRIOT ACT of 2001 (Pub. L. No. 107-56), the Justice for All Act of 2005 (Pub. L. No. 108-405), section 1004 of the Violence Against Women and Department of Justice Reauthorization Act, also known as The DNA Fingerprint Act of 2005, (Pub. L. No. 109- 162) and section 155 of the Adam Walsh Child Protection and Safety Act of 2006 “Walsh Act” (Pub. L. No. 109-248).

In its current form, the controlling statute authorizes the Attorney General to collect DNA samples from individuals who are arrested, facing charges, or convicted or from non-United States persons who are detained under the authority of the United States. See 42 U.S.C. § 14135a(a)(1)(A). The statute also authorizes the Attorney General to “direct any other agency of the United States that arrests or detains individuals or supervises individuals facing charges to carry out any function and exercise any power of the Attorney General under this section.” Id. An implementing rule was published in the Federal Register on December 10, 2008 (Vol. 73, No. 238, pp. 74932-74943). The FBI analyzes DNA samples and maintains the results in the Combined DNA Index System (CODIS).

3. COLLECTING DNA SAMPLES

The Warden will appoint an Inmate DNA Collection Coordinator (DNACC), who is a full-time employee and ordinarily serves at a department head level. The DNACC oversees, monitors, and trains staff in the DNA collection process at the institution. A multi-disciplinary team will be established by assigning staff from multiple departments to collect DNA. After the DNACC receives standardized training in the DNA collection process, the DNACC will train local staff in the DNA collection process, to include other requirements necessary to accomplish this process (e.g., fingerprinting, SENTRY instruction for DNA input, etc.). Bureau staff will collect DNA samples from all Federal code and all military code offenders (sentenced or detained), and from all non-U.S. citizen detainees who have not had a DNA sample collected by another Federal law enforcement agency prior to incarceration. DNA collection also extends to juveniles. DNA samples will also be collected from D.C. Code offenders in Bureau custody as indicated on the list of qualifying offenses for D.C. Code offenders, located on the Sallyport site for the Correctional Programs Division, Correctional Programs Branch, Current Issues Section. The list will be updated periodically to reflect statutory changes.

a. Initial Designations. Designation and Sentence Computation Center (DSCC) staff review

SENTRY and pertinent documents during initial designation to determine if newly sentenced offenders have previously submitted a DNA sample to the Bureau or an appropriate arresting agency. DSCC staff ensure the appropriate DNA SENTRY status is entered into the SENTRY DNA number field based on a review of the inmate’s pertinent documents as described in Section 4 (“SENTRY Transaction/Assignment of DNA Number”). When qualifying inmates (initial designation or pretrial) arrive at their Bureau facility (designated or assigned, in the case of pretrial), their DNA sample will normally be collected within 72 hours of their arrival, but no later than 7 days, unless the inmate is not physically in the institution. Any inmate who is immediately releasing from the institution before the 7-day period expires will have a DNA sample collected prior to his/her release. The following steps are performed to collect DNA:

1. Review the incoming movement list to determine which inmates need to submit a DNA sample. 2. Prior to arrival, review the inmate’s paperwork or their Inmate Load Data in SENTRY (PP41) to obtain the Social Security number, FBI number, INS number, etc., necessary to complete the FBI’s National DNA Database Entry Form FD-936. 3. After the inmates arrive and are keyed into the facility, review all inmates who do not have a SENTRY DNA number and enter a valid DNA status in the SENTRY DNA number (PP79). 4. For inmates with the SENTRY DNA status of “DNA NEED,” retrieve a Federal Convicted Offender Program/FBI Buccal Swab Collection Kit. Each DNA kit contains everything needed to obtain DNA samples. At the time of this Program Statement’s issuance, each kit contained:

5. Complete the FD-936 form and insert it into each kit. Detailed instructions on how to properly complete the form and process the kit are located on the back of the form. Complete sections 1-3 of the FD-936. This can be done ahead of time; however, the FD-936 stays with the kit it was taken from. 6. Take fingerprints from both the left and right index fingers. Have the inmate ink the index finger (pre-inked finger pads provided) and roll it on the FD-936 in the required spaces. If necessary, there are additional fingerprint sections on the back of the form. The staff member rolling the fingerprint must sign in the appropriate box in the fingerprint collection section. 7. Perform the buccal swab collection and, once dry, place each collection device in a collection device envelope. Complete section 4 of the form with staff name and signature. Place the saliva samples and form in the mailing envelope. 8. Use the Update Inmate Identification Numbers transaction in SENTRY (PP79) to generate a DNA number. On the PP79, key the inmate name and number, enter “DNA” in the ID Type, “NEXT” in the ID Number, and “ADD” in the function. When entered, a DNA number will

be automatically generated by SENTRY. This DNA number is the next sequential number associated with the keying facility (e.g., SDC00124), and the keying facility must have custody of the inmate at the time the number is generated. This function must not be performed prior to collection as it signifies the specimen has been collected. The PP79 transaction should be done immediately after the sample is collected to ensure the corresponding DNA number is accurate. Write the number on the top of form FD-936. 9. Seal the form and saliva specimens in the mailing envelope provided in the test kit. Mail via U.S. Mail, no later than during the next business day after collection. 10. If an inmate refuses testing, refer to Section 5 of this Program Statement.

b. Inmates Currently in Their Designated Facilities. Unit staff review the DNA status of

inmates in custody at their Initial Classification, the inmate’s next Program Review, or immediately if the inmate’s release is imminent (see next paragraph). When staff determine an inmate must provide a DNA sample, the appropriate code is entered into SENTRY. To ensure no inmate is released without a DNA assignment, unit staff review and update SENTRY data as described in Section 4 (“SENTRY Transaction/Assignment of DNA Number”) at least 60 calendar days prior to the inmate’s projected release date or Residential Reentry Center (RRC) transfer date. Ordinarily, DNA samples for inmates housed at an RRC are collected by the supervising agency once the inmate is released to supervision. Any new information received after the initial review regarding an inmate with a DNA status of N/A (Not Applicable), N/A JFA (Not Applicable – Justice for All Act), N/A DC (Not Applicable – District of Columbia) or N/A OTHER (Not Applicable – Other) should be reviewed again in conjunction with the inmate’s regular Program Review, or immediately if the inmate’s release is imminent.

c. Staff Responsibilities. Staff run a weekly SENTRY roster to determine which inmates

require DNA sample collection. Inmates with imminent projected release or RRC placement dates should be expedited for sampling. Ordinarily, a sample on an inmate with an imminent release date should be obtained no later than 7 calendar days before his/her release. Staff also execute the “Update Inmate Identification Number” transaction (PP79) immediately after a sample is taken and ensure that the transaction successfully generates a number for that inmate. The number is written on the form that accompanies the DNA sample after it has been generated by SENTRY. Note: Staff should not try to predict the next number that will be generated and perform the SENTRY transaction at a later time. Once the sample is collected, staff complete the SENTRY transaction, outlined in Section 4, prepare the FBI forms, package the specimen and form(s) in the envelope provided by the FBI, and mail the envelope per local procedures, ordinarily within 24 hours of collection. Staff (or qualified contract staff), as outlined in the Institution Supplement, perform DNA

sample collections using collection kits provided by the FBI. Orders for kits can be placed with the Federal Convicted Offender Program. DNA samples collected by the Bureau are furnished to the FBI, or to other agencies or entities authorized by the Attorney General, for analysis and entry into the Combined DNA Index System (CODIS).

4. SENTRY TRANSACTION/ASSIGNMENT OF DNA NUMBER

An inmate’s DNA status is reflected in the Inmate DNA Number History transaction in SENTRY (PP85). An inmate’s DNA status is updated, and DNA numbers are generated, using the Update Inmate Identification Numbers (PP79) transaction in SENTRY.

a. If the inmate has been reviewed previously and has had a DNA sample collected at a Bureau

institution, a DNA number will be associated with the inmate; e.g., LVN00001. Another DNA sample is not required.

b. If there is documentation that an inmate had a DNA sample collected upon arrest, staff

initiate an “Update Inmate Identification Numbers” (PP79) transaction (ADD function), and enter “DNA” in the ID Type field and “PREBOP TST” in the ID Number field. Another DNA sample is not required. Note: When adding a DNA status, any previously existing status in the inmate’s DNA ID Number field must first be deleted using PP79’s DEL function.

c. If there is no information on the Inmate DNA History screen or if the inmate has been

reviewed previously and was given a DNA status of “N/A” or “N/A JFA,” staff review the inmate’s documents to determine if he/she is a Federal or military inmate. If so, staff initiate an “Update Inmate Identification Numbers” transaction and enter “DNA” in the ID Type field and “NEED” in the ID Number field using the ADD function. Note: When adding a DNA status, any previously existing status in the inmate’s DNA ID Number field must first be deleted using PP79’s DEL function. d. If the inmate has a current or past conviction for a qualifying D.C. Code offense, staff initiate an “Update Inmate Identification Numbers” transaction and enter “DNA” in the ID Type field and “NEED” in the ID Number field using the ADD function. Note: When adding a DNA status, any previously existing status in the inmate’s DNA ID Number field must first be deleted using PP79’s DEL function. e. If an inmate was sentenced by the D.C. Superior Court and he/she does not have a current or past conviction for a qualifying D.C. Code offense, staff initiate an “Update Inmate Identification Numbers” transaction and enter “DNA” in the ID Type field and “N/A DC” in the ID Number field using the ADD function. Note: When adding a DNA status, any previously existing status in the inmate’s DNA ID Number field must first be deleted using PP79’s DEL function.

f. If an inmate is solely serving a state sentence or is not required by Federal law to provide a DNA sample, staff initiate an “Update Inmate Identification Numbers” transaction and enter “DNA” in the ID Type field and “N/A OTHER” in the ID Number field using the ADD function. Note: When adding a DNA status, any previously existing status in the inmate’s DNA ID Number field must first be deleted using PP79’s DEL function. g. If an inmate states he/she has previously submitted a DNA sample, staff initiate an “Update Inmate Identification Numbers” transaction and enter “DNA” in the ID Type field and “PREBOP PND” in the ID Number field and ADD in the function. See Section 7 of this Program Statement. If staff are able to verify that a DNA sample has been taken, staff initiate an “Update Inmate Identification Numbers” transaction and enter “DNA” in the ID Type field and “PREBOP TST” in the ID Number field and ADD in the function. If staff are unable to verify that a DNA sample has been taken, staff initiate an “Update Inmate Identification Numbers” transaction and enter “DNA” in the ID Type field and “NEED” in the ID Number field and ADD in the function. See Section 7 for further instruction. Note: When adding a DNA status, any previously existing status in the inmate’s DNA ID Number field must first be deleted using PP79’s DEL function. h. Any new information received after the initial review of an inmate resulting in a DNA status of N/A or N/A OTHER should be reviewed again in conjunction with the inmate’s regular Program Review, or immediately if the inmate’s release is imminent.

i. Upon completion of the DNA sample collection, staff update the inmate’s DNA status in

SENTRY, via the “Update Inmate Identification Numbers” transaction. Using the “ADD” function, enter “DNA” in the ID Type field and “NEXT” in the ID Number field. SENTRY then replaces the inmate’s DNA status (shown as NEED) with a system-generated number specific to each institution (e.g., LVN00001). This number serves as the inmate’s DNA number throughout his/her incarceration. The DNA number is also recorded by staff in the Laboratory Accession Log, along with the inmate’s name, register number, and date the sample was collected.

5. INMATES WHO REFUSE DNA SAMPLE COLLECTION

Inmates who refuse to provide a DNA sample must first be counseled by appropriate staff (Psychology Services, unit staff, etc.) regarding their obligation to provide a sample and the possible consequences of non-compliance. Counseling must be provided in a format appropriate in content and vocabulary to the inmate’s education level, literacy, and language. Documentation of these efforts is kept in the Inmate Central File. Consequences for refusing to provide a DNA sample include an incident report(s), progressive administrative sanctions, and possible criminal prosecution. See 42 U.S.C. § 14135a(a)(5). At facilities where Health Services responsibilities have been contracted to private providers, the person(s) responsible for contract oversight are also responsible for writing incident reports for inmates who refuse sampling. At institutions where only DNA testing has been contracted out,

the staff member counseling the inmate is responsible for writing incident reports for inmates who refuse sampling. In all other cases, the staff member collecting the DNA sample is responsible for writing incident reports for inmates who refuse sampling after initial counseling. If an inmate continues to refuse to submit to DNA sampling, progressive sanctions should continue. If these efforts fail, or the inmate is approaching his/her release date, standard “use of force” protocols (including standard confrontation avoidance procedures) must be invoked, using only the amount of force necessary to obtain a DNA sample. In instances where calculated use of force is necessary, it is recommended that a blood sample be obtained. In any instance where use of force is necessary, Bureau staff collect the DNA sample (not contractors) .

6. INMATES IN CONTRACT FACILITIES

Community Corrections staff liaison with state and local officials to coordinate the collection and submission of DNA samples in conjunction with existing requirements of the contract or agreement. If state or local officials are unable or unwilling to collect the DNA sample, staff should contact the Community Corrections and Detention Services Branch, Correctional Programs Division, Washington, D.C., for assistance. The Privatization Management Branch will communicate the collection procedures in this Program Statement to all private facilities that confine inmates for the Bureau and make any necessary changes to the contracts with those facilities.

7. VERIFICATION OF PREVIOUS DNA COLLECTION

If an inmate states he/she has previously had a DNA sample collected pursuant to the DNA Act, staff use reasonable efforts to contact the appropriate agency and confirm the claim. Staff document the results of this inquiry on the Inmate Activity Record (BP-A0381) in Section 2 of the inmate’s Central File. Once the information is received, it is filed in Section 5 of the inmate’s Central File. If it cannot be determined with certainty that an inmate has previously submitted a DNA sample, staff collect another DNA sample. See 42 U.S.C. § 14135a(a)(3). Unusual circumstances or difficulties in obtaining verification of pre-commitment DNA sampling are reported to the Correctional Programs Branch Administrator, Correctional Programs Division, Central Office, Washington D.C.

8. CONTACT WITH U.S. PROBATION OR COURT SERVICES AND OFFENDER

SUPERVISION AGENCY

For inmates who have provided DNA samples while in Bureau custody who are releasing to the supervision of U.S. Probation or Court Services and Offender Supervision Agency, unit staff convey their DNA status via the Notice of Release and Arrival (BP-A0714).

9. OTHER REQUESTS TO COLLECT DNA SAMPLES

Institutions should agree to obtain an inmate’s DNA sample on behalf of a state or local law enforcement agency, a state criminal court, a family court, or other appropriate requestor(s), if the entity provides the collection supplies, a written request, and the inmate consents to providing the sample. Staff should not forcibly attempt to obtain DNA samples under these circumstances if an inmate refuses to consent.

10. INSTITUTION SUPPLEMENT

Each institution will develop local procedures and guidelines required to administer this program statement in an Institution Supplement which is negotiable at the local level, in accordance with the Master Agreement. The institution supplement will include, at a minimum, the following considerations:

The Institution Supplement will be available in English and Spanish.

11. INFORMATION AND ASSISTANCE

Staff in the Correctional Programs Branch are available to answer questions and provide assistance regarding DNA collection procedures. Contact information will be published on the Bureau’s Sallyport website.

REFERENCES

Federal Statutes

Federal Regulations

Records Retention Requirements Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) on Sallyport.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026