AGO 97053.

• Court: Nebraska

Nebraska Attorney General Opinions 1997. AGO 97053. DATE: October 8, 1997SUBJECT: DNA Detection of Sexual and Violent Perpetrators Act REQUESTED BY: Harold W. Clarke, Director, Nebraska Department of Correctional ServicesWRITTEN BY: Don Stenberg, Attorney General Linda L. Willard, Assistant Attorney General You have asked several questions regarding the administration of LB 278 passed during the 1997 Legislative Session which is known as the DNA Detection of Sexual and Violent Perpetrators Act (Act). The Act requires that a person who is convicted of a felony sex offense or other specified offense have a blood or tissue sample drawn for DNA identification purposes. It also establishes a state DNA data base for DNA records and a state DNA sample bank as a repository for DNA samples. Your first questions is where the sample is to be collected. The Act requires that if a person is already confined when convicted, the sample is to be drawn immediately after sentencing. Your inquiry is whether the Department of Correctional Services is required to draw the samples or should the Act be interpreted to mean that the samples should be drawn in county jails where most inmates are incarcerated when they are convicted and sentenced to prison. LB 278 provides at § 6: (1) A person who is convicted of a felony sex offense or other specified offense on or after the effective date of this Act shall have a DNA sample drawn: (a) upon intake to a prison, jail, or other detention facility or institution to which such person is sentenced. If the person is already confined at the time of sentencing, the person shall have a DNA sample drawn immediately after the sentencing. Such DNA samples shall be drawn at the place of incarceration or confinement. Such persons shall not be released unless and until a DNA sample has been drawn; . . . The general rules governing statutory construction and interpretation provide that in the absence of anything indicating to the contrary, statutory language is to be given its plain and ordinary meaning. Proctor v. Minnesota Mutual Fire & Casualty, 248 Neb. 289, 534 N.W.2d 326 (1995); George Rose & Son Siding & Grading Co. v. Nebraska Dept. of Revenue, 248 Neb. 92, 532 N.W.2d 18 (1995). In this instance, the legislative bill provides that if the person is confined at the time of sentencing, the DNA sample is to be...