Do county facilities collect DNA samples from federal prisoners who are being housed there pretrial (i.e., not yet convicted?
Generally, persons under federal jurisdiction who are being housed at your facilities pending trial have not yet been convicted, and so are not subject to Prop. 69 DNA collection while in your custody. Following conviction in federal court, those people will be subject to DNA collection if they qualify under Prop. 69 (e.g., the person is incarcerated in a federal institution, AND committed a qualifying offense in California, OR was a resident of California at the time of the qualifying offense, OR the person has a California felony conviction of record, OR the person will be released in California). If the person qualifies, the U.S. Marshals or other federal authorities may collect the DNA.
Generally, individuals under federal jurisdiction who are being housed at your facilities pending trial have not yet been convicted, and so are not subject to Prop. 69 DNA collection while in your custody. Following conviction in federal court, individuals will be subject to DNA collection if they qualify under Prop. 69 (e.g., the person is incarcerated in a federal institution, AND committed a qualifying offense in California, OR was a resident of California at the time of the qualifying offense, OR the person has a California felony conviction of record, OR the person will be released in California). If the person qualifies, the U.S. Marshals or other federal authorities may collect the DNA. (See Cal. Pen.
