Kentucky

Brandon Ortiz did the following story in the Herald Leader on a Court of Appeals decision this past week.  Click here for the full text of the decision.

Juveniles' DNA collection upheld

Kentucky may continue collecting DNA samples of juveniles convicted of felony sex offenses, the state Court of Appeals ruled Friday.

But the appeals court ruled that the state Department of Juvenile Justice may not collect the DNA of juveniles convicted of burglary.

The state Department of Public Advocacy had filed a lawsuit in Franklin Circuit Court challenging the constitutionality of the state's practice, which began in February 2006. The DNA is entered into a central database to help solve crimes. DNA also is collected from adult convicts and forwarded to a federal database.

The 3-0 appeals court ruling affirmed a Franklin Circuit Court ruling finding that the DNA collection is constitutional. But the appeals court said that Kentucky law does not allow for the collection of youth DNA for first- and second-degree burglary convictions.

In 2001, the appeals court ruled that Kentucky law does not allow for the collection of youth DNA. But the General Assembly changed the law in 2002.