Forensic DNA and Montana Q&A

The use of forensic DNA is governed primarily by State legislation and case law and is collected and processed in State and local agencies and laboratories. This page provides or points to answers for the following questions:

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• How much Federal funding has Montana received from the President's DNA Initiative?
• How many forensic DNA samples from Montana are in the DNA database?
• Where are samples collected in Montana analyzed?
• Who has to submit a forensic DNA sample?
• How many forensic DNA samples are awaiting analysis in Montana?
• What case law has affected the use of forensic DNA in Montana?
• How many people from Montana have been exonerated by DNA evidence?
• Are those exonerated entitled to compensation?

How much Federal funding has Montana received from the President's DNA Initiative?

Select from the list below to view the funding provided to Montana by the President's DNA Initiative:

• Forensic DNA Backlog Reduction Program
  
• Forensic Casework Backlog Reduction Program
  
• DNA Capacity Enhancement Program
  

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How many forensic DNA samples from Montana are in the DNA database?

The number of forensic samples in the Montana and national DNA databases is constantly changing as new crimes are investigated and changes are made to State laws that require the collection of samples from additional offenders.

The FBI tracks the Number of samples from Montana in the national database—the National DNA Index System or NDIS.

Learn more about forensic DNA databases.

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Where are samples collected in Montana analyzed?

State laboratories analyze samples collected in Montana. Some samples may be sent to private laboratories for analysis. 

State Laboratory

Montana Department of Justice, Forensic Science Division

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Who has to submit a forensic DNA sample?

Montana statutes determine who must submit a DNA sample for inclusion in the database.  Find:

• Udated links to Montana legislation pertaining to forensic DNA, provided by the National Clearinghouse of Science, Technology and the Law.  
• State Laws on DNA Databanks, National Conference of State Legislators.
  
• State DNA Database Laws-Qualifying Offenses (PDF), DNAResource.com.

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How many forensic DNA samples are awaiting analysis in Montana?

We are not aware of any online resource that lists the number of samples awaiting analysis in Montana.

The number of samples awaiting analysis in any State is constantly changing and affected by State statues, available resources, and crimes committed. Thus, measuring the precise number of unanalyzed DNA samples is prohibitively difficult.

Learn more about the causes and impact of the backlog of DNA evidence.

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What case law has affected the use of forensic DNA in Montana?

Cases decided at the State and local level set precedence for how other court decisions will be reached.

Find updated links to Montana cases pertaining to forensic DNA as collected by the National Clearinghouse for Science, Technology, and the Law. 

Note: The National Clearinghouse for Science, Technology and Law is a free resource sponsored by the National Institute of Justice. Subscription services may provide more comprehensive collections of full-text case law.

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How many people from Montana have been exonerated by DNA evidence?

While there is no single online source showing everyone from Montana exonerated by DNA, the Innocence Project provides profiles of those persons they have helped exonerate (this complete list is sortable by State).

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Are those exonerated entitled to compensation?

State law determines if someone convicted of a crime and then exonerated is entitled to compensation.

Read a summary of Montana's compensation law as provided by the Innocence Project.

Learn more about compensation laws in other States.

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