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Home / Opinion Digests / Criminal – Pre-Release DNA Demand – Ex Post Facto Challenge (access required)

Criminal – Pre-Release DNA Demand – Ex Post Facto Challenge (access required)

A statute’s requirement that prisoners provide DNA samples for South Carolina’s DNA bank prior to parole or release does not violate the Ex Post Facto Clause of the U.S. Constitution, but the 4th Circuit says the statutory provision requiring prisoners to pay a $250 processing fee for the sample prior to release may not be ...