In an issue of first impression, the Commonwealth Court has ruled en banc that the state has the right to require prisoners convicted of violent crimes and sex offenses to give blood samples for DNA testing.

Ertle Dial, a prisoner at Graterford State Correctional Institution, brought the case before the court under its original jurisdiction, saying the requirement defined by the DNA Detection of Sexual and Violent Offenders Act violated his rights by “retroactively adding a condition of parole.”