Attorney General Dustin McDaniel: unlawful to require DNA from all juvenile delinquents who committed a felony | Arkansas Blog

Thursday, April 3, 2014

Attorney General Dustin McDaniel: unlawful to require DNA from all juvenile delinquents who committed a felony

Posted By on Thu, Apr 3, 2014 at 10:57 AM

Good story from Chad Day in this morning's paper on Attorney General Dustin McDaniel's opinion, released yesterday, that it was unlawful for the Division of Youth Services to require taking DNA from all juvenile delinquents who committed a felony. 

The six-page opinion affirmed the legal reasoning of a judge and several other state officials who have said over the past few months that the Youth Services Division’s practice was unlawful.

The opinion also laid out flaws in the Youth Services Division’s legal interpretation supporting the practice, which was in place for about a decade at the facility that serves as the intake point for nearly all of the state’s juvenile delinquents.

On Wednesday, Amy Webb, a spokesman for the Youth Services Division, said the agency already had taken steps to make sure it was abiding by state law as set out in the attorney general’s opinion.

“It’s what we expected. We’ve already stopped pulling those samples, and we’re in compliance with that opinion,” Webb said. 

Read the whole thing. The Arkansas State Crime Laboratory found that DYS had unlawfully obtained the DNA of more than 1,000 children over the past ten years — and their genetic information was then mistakenly put into an FBI database. 

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