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Nebraska prison director outlines use of force to collect DNA from prisoners

Nebraska Prison Director Scott Frakes says he is committed to collecting DNA samples from every incarcerated person in the state, using force where necessary.

On Thursday, the Nebraska Department of Correctional Services (NDCS) provided an update on the collection of DNA samples in accordance with state statute.

In February, the department implemented changes to their DNA collection procedures and the consequences imposed when no sample is provided. At that time, 78 individuals had refused to provide a sample. The department says that since that time the number of refusals has decreased to 13.

In addition to the policy change, NDCS conducted an additional review of sentencing orders for each individual who refused to provide DNA. Working with the Attorney General’s office, an order to use force was sought from the sentencing judge in four cases. Provided with the order to use reasonable force, three of the four complied with the directive; one did not and force was used.

“I am committed to collecting DNA samples from every incarcerated person and believe the course we have charted will result in full compliance with state statute,” said Director Scott R. Frakes. “In those cases where additional steps are necessary, we will take them as we did in these four cases from Douglas County.”

The policy language, implemented in May 17, 2017, can be found here.

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