Nevada

Arrestees: Yes.

Qualifying Crimes: Any felony arrest, with or without a warrant (NRS 176.09123(1)–(2)).

Time of Collection: Cheek swab at booking into a city or county jail or detention facility, before release from custody. If no specimen was taken then, the court or magistrate setting bail or considering own-recognizance release must require one as a condition of release (§176.09123(4)). No specimen is taken if one is already on file from a prior arrest or conviction (§176.09123(3)). If a person will not cooperate, the Attorney General or a district attorney may petition a district court to compel collection by cheek swab or alternative means (§176.09123(5)).

Warrantless arrests: The specimen is still taken at booking, but may only be submitted for analysis after a court or magistrate finds probable cause, and must be destroyed within 5 business days if probable cause is found lacking (§176.09123(2)(c)–(d)).

Expungement: By written request to the Central Repository on the DPS standard form (§176.09165), which law enforcement must provide before collection and again on release from custody. Grounds (§176.09125(1)): the conviction supporting retention was reversed and the case dismissed; or the arrest produced a felony charge resolved by dismissal, successful NRS 174.033 preprosecution diversion, conditional discharge, acquittal, or a plea agreement to a non-felony; or no additional felony charge was filed within 3 years of arrest. Supporting documentation required — a certified court order, or a sworn law enforcement affidavit for the 3-year ground. The Central Repository forwards to the holding laboratory within 6 weeks; the laboratory then destroys the specimen and purges the profile, notifies the State DNA Database to purge from the Database and CODIS, and reports back so the Central Repository can notify the person. Bar: no destruction or purge if a law enforcement agency notifies the lab of a prior felony, a new felony arrest, or a pending felony charge qualifying under §176.09123. Denials are reported back to the person. Separately, specimens from warrantless arrests lacking probable cause are destroyed within 5 business days under §176.09123(2)(d).

Convicted Offenders: Yes.

Qualifying Crimes: any felony; a crime against a child under NRS 179D.0357; a sexual offense under NRS 179D.097; abuse or neglect of an older or vulnerable person under NRS 200.5099; a second or subsequent stalking offense under NRS 200.575; an attempt or conspiracy to commit any of the above; and failure to register as required under NRS 179C.100 or 179D.450 following a qualifying conviction here or an equivalent offense elsewhere.

Time of Collection: No new specimen if one was already taken at arrest under §176.09123 — the court notifies the Central Repository, which notifies the lab (§176.0913(1)(b)). Otherwise, the Department of Corrections arranges collection if the defendant is committed to its custody; if not, the Division of Parole and Probation does (§176.0913(2)–(3)). No additional sample if one was previously submitted for a prior conviction (§176.0913(5)). Interstate-compact probationers and parolees convicted elsewhere of conduct equivalent to a §176.0913(4) offense are collected by the Division under §176.0916(1).

Expungement: No. NRS 176.09125 reaches only specimens and profiles included pursuant to NRS 176.09123 (arrest), so a specimen collected post-conviction under §176.0913 or from a probationer or parolee under §176.0916 has no statutory destruction or purge route in chapter 176. Its ground (a) — conviction reversed and case dismissed — operates on an arrest-collected specimen retained because of the conviction, not on a conviction-collected one.

Statutes / Case Law

Nev. Rev. Stat. Ann. § 176.0912 – Biological evidence secured in connection with investigation or prosecution; required preservation

2016 Nev. Op. Att’y Gen. No. 11 (Dec. 12, 2016) (“[NV Statute] requires a biological specimen to be collected from any prisoner convicted of a felony offense who is presently in the custody of the Nevada department of corrections, regardless of the date of conviction.”).

176.0913 – Biological specimen to be obtained from certain defendants; identifying information submitted to Central Repository; genetic marker analysis; release of information; costs.

176.0916. Biological specimen to be obtained from certain probationers and parolees; release of information; penalty; fee for obtaining and analyzing specimen; identifying information submitted to Central Repository; creation of Fund for Genetic Marker Analysis; use of money in Fund.

176.0917 – County to designate forensic laboratory to conduct or oversee analysis; criteria.

176.09121 – State DNA Database: Establishment; duties.

176.09123. Collection of biological specimen from persons arrested for felony; submission to forensic laboratory; identifying information submitted to Central Repository; genetic marker analysis; creation of DNA profile; information included in criminal history record.

176.09125 – Destruction of biological specimen and purging of DNA record: Grounds; written request; duties of Central Repository, forensic laboratory and State DNA Database.

176.09129 – Storage and maintenance of biological specimen, DNA profile, DNA record and information; release of information; confidentiality; penalty for unauthorized disclosure of information.

2016 Nev. Op. Att’y Gen. No. 11 (Dec. 12, 2016) (“[NV Statute] requires a biological specimen to be collected from any prisoner convicted of a felony offense who is presently in the custody of the Nevada Department of Corrections, regardless of the date of conviction”).

The Nevada Supreme Court has upheld the constitutionality of the statute. See Gaines v. State, 116 Nev. 359 (2000).

Legislative History

• AB 165 (1989) → Ch. 168, approved May 18, 1989. Nevada’s first DNA collection law. Added a new section to NRS chapter 176 requiring the court, upon conviction of a sexual offense, to order the defendant to submit to blood and saliva testing — analysis of blood for genetic markers and saliva for secretor status — with results submitted to the Central Repository for Nevada Records of Criminal History. Defined “sexual offense” to reach sexual assault, statutory sexual seduction, use of a minor in producing pornography, promotion of a sexual performance of a minor, incest, and lewdness with a child. Companion amendments to NRS 179A.075 required criminal justice agencies to forward genetic marker and secretor status information to the Central Repository. The new section was codified at NRS 176.111, not 176.0913.
• SB 192 (1995) → Ch. 256, approved June 16, 1995. A sex offender bill that increased penalties, provided for lifetime supervision, and directed the Attorney General to adopt release notification guidelines. It amended NRS 176.111 to expand the definition of “sexual offense” for testing purposes, adding battery with intent to commit sexual assault (NRS 200.400), possession of a visual representation depicting sexual conduct of a person under 16 (NRS 200.730), solicitation of a minor to engage in acts constituting the infamous crime against nature (NRS 201.195), and sexual penetration of a dead human body (NRS 201.450), along with attempts and offenses determined to be sexually motivated at a hearing. The testing standard remained blood and saliva.
• SB 325 (1997) → Ch. 451, approved July 16, 1997. A large criminal justice act that established Nevada’s statewide sex offender registry and community notification program. Per its enacted title, it also expanded the provisions governing genetic marker testing of certain offenders and imposed a fee for genetic marker testing upon certain offenders. This is the act that produced the current NRS 176.0911 definitions, 176.0915 fee and county fund structure, and 176.0917 county forensic laboratory designation, and that renumbered the collection mandate to NRS 176.0913.
• AB 489 (2001) → Ch. 383. Required genetic marker analysis from offenders convicted of certain felonies and revised the testing provisions to refer to obtaining a “biological specimen” rather than blood samples, replacing that terminology throughout NRS 176.0913 and 176.0915. Restructured NRS 176.0913 into its current form, keying the mandate to “an offense listed in subsection 4” and directing the court at sentencing to order both the defendant’s identifying information submitted to the Central Repository and a specimen obtained for genetic marker analysis.
• AB 55 (2003) → Ch. 447. Expanded the crimes for which a defendant must submit a biological specimen, reaching all category A and B felony convictions and category C felonies involving force or violence. Carried alongside provisions restoring civil rights for certain ex-felons and limiting who must register as a convicted person. Also confirmed the collection chain: where the defendant is committed to the Department of Corrections, that Department arranges collection and provides the specimen to the forensic laboratory designated under NRS 176.0917 by the county of conviction.
• AB 267 (2005) → Ch. 324. A vulnerable persons bill prohibiting abuse, neglect, exploitation, and isolation of a vulnerable person and revising mandatory reporting duties. Section 16 amended NRS 176.0913 to extend the existing trigger for abuse or neglect of an older person to also cover abuse or neglect of a vulnerable person. A targeted addition rather than a categorical expansion.
• AB 92 (2007) → Ch. 225. Expanded the collection mandate from certain felonies to any felony, per the Legislative Counsel’s Digest. Also prohibited the sharing or disclosure of biological specimens and certain related information except in specified circumstances, amending both NRS 176.0913 and NRS 176.0916, and provided penalties for violations.
• AB 105 (2009) → Ch. 39. Eliminated the court-order requirement — a defendant convicted of a qualifying offense must submit a specimen for genetic marker testing without a court ordering it. Authorized a board of county commissioners to accept gifts, grants, and donations for the county’s fund for genetic marker testing, and revised the purposes for which a forensic laboratory receiving money from that fund may use it. Amended NRS 176.0915 accordingly.
• SB 243 (2013) → Ch. 252. The major structural expansion. Section 11 established the State DNA Database, overseen, managed, and administered by the Forensic Science Division of the Washoe County Sheriff’s Office, and section 12 set out forensic laboratory duties for DNA records. Section 13 required a biological specimen to be obtained from any person arrested for a felony, with the specimen kept on conviction but destroyed and all related records purged from all databases if the person is not convicted. Sections 13, 21, and 23 raised the penalty for unlawful sharing or disclosure from a misdemeanor to a category C felony, section 15 imposed an additional $3 administrative assessment on every misdemeanor, gross misdemeanor, and felony conviction to defray specimen and analysis costs, and the act created a Subcommittee to Review Arrestee DNA within the Advisory Commission on the Administration of Justice.

• No program or law found.

• Las Vegas Police Program, but no law found.

• No program or law found.
• A 2016 Attorney General opinion required DNA collection from all in-custody felony inmates regardless of conviction date; the AG’s Office got a FY2017 SAKI grant ($933,656) to expand collection.  SAKI – Nevada

• No program or law found.