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New Jersey Superior Court, Mercer County/Direct
Lawrence Lustberg, Gita Guttierrez/Gibbons Del Deo Dolan Griffinger & Vecchione
On January 21, 2004, the ACLU-NJ filed a lawsuit challenging New Jersey's DNA law, which empowers the state to collect DNA from all people convicted of a crime, including juveniles. The DNA sample is then catalogued and maintained in a database by law enforcement agencies. The lead plaintiff in the case is a juvenile who was 14 years old when he was adjudicated delinquent for having acted out against his father, and then against police when they were called in. After being placed on probation for the fourth degree offense, A.A. received psychiatric counseling. He has been free from violent outbursts since that time and is doing well in school. The other plaintiff, Jamaal W. Allah, is presently incarcerated at Midstate Correctional Facility for drug-related offenses, and is awaiting parole. On December 22, 2004, the trial judge issued a ruling significantly limiting the law. While the court denied our motion to enjoin the law, it did so only on the condition that the State destroy the DNA sample and the info obtained therefrom upon the offenders' completion of sentence. The Court also held that the State cannot share the info or sample with any other government agency that does not also afford the right to have the sample and info destroyed upon completion of sentence. The Court specifically noted that this meant that the State cannot contribute these DNA samples to the current federal database, which does not permit destruction of the information upon completion of sentence. The court reached its decision by holding that inmates, probationers and parolees have diminished privacy rights which pale in comparison to the State's interests in supervising them but, after release, the State's interest dissolves and the individual's privacy interests strengthen, thus tipping the balance in favor of the individuals who have completed their sentence. The State has now appealed.
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