John Gilbert & Leroy Pughsley v. Howard A. Peters Iii, Odie Washington, John Zeund, 55 F.3d 237 (7th Cir. 1995). · Go Syfert
John Gilbert & Leroy Pughsley v. Howard A. Peters Iii, Odie Washington, John Zeund, 55 F.3d 237 (7th Cir. 1995). Cases Citing This Book View Copy Cite
“both federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature.”
74 citation events (53 in the last 25 years) across 25 distinct courts.
Strongest positive: Davis v. Secretary, Department of Corrections(Sarasota) (flmd, 2024-04-22)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Davis v. Secretary, Department of Corrections(Sarasota)
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence high
both federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature.
cited Cited as authority (rule) Chatman v. Jeffreys
C.D. Ill. · 2023 · confidence medium
Gilbert v. Peters, 55 F.3d 237, 238 (7th Cir. 1995) (citing Trop v. Dulles, 356 U.S. 86, 96 (1958)).
discussed Cited as authority (rule) Griffin v. Padula
D.S.C. · 2007 · confidence medium
See Shaffer v. Saffle, 148 F.3d 1180, 1182 (10th Cir.1998) (Oklahoma DNA statute has “legitimate, non-penal legislative purpose”); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995) (“Both federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature....
discussed Cited as authority (rule) United States v. George C. Hook (2×)
7th Cir. · 2006 · confidence medium
Gilbert v. Peters, 55 F.3d 237, 238 (7th Cir.1995) (citing Trop v. Dulles, 356 U.S. 86, 96 , 78 S.Ct. 590 , 2 L.Ed.2d 630 (1958)).
discussed Cited as authority (rule) United States v. Hook, George (2×)
7th Cir. · 2006 · confidence medium
Gilbert v. Peters, 55 F.3d 237, 238 (7th Cir. 1995) (citing Trop v. Dulles, 356 U.S. 86, 96 (1958)).
discussed Cited as authority (rule) Robert Westefer, Mark Vonperbandt, Allejandro Villazana v. Donald Snyder, Odie Washington, Michael v. Neal
7th Cir. · 2005 · confidence medium
“As Collins [v. Youngblood, 497 U.S. 37 , 110 S.Ct. 2715 , 111 L.Ed.2d 30 (1990) ] and subsequent cases make clear, the Ex Post Facto Clause does not prohibit every alteration in a prisoner’s confinement that may work to his disadvantage.” Gilbert v. Peters, 55 F.3d 237, 238 (7th Cir.1995).
discussed Cited as authority (rule) Westefer, Robert v. Snyder, Donald
7th Cir. · 2005 · confidence medium
“As Collins [v. Youngblood, 497 U.S. 37 (1990)] and subsequent cases make clear, the Ex Post Facto Clause does not prohibit every alteration in a prisoner’s confinement that may work to his disadvantage.” Gilbert v. Peters, 55 F.3d 237, 238 (7th Cir. 1995).
discussed Cited as authority (rule) In re D.L.C.
Tex. App. · 2003 · confidence medium
See Shaffer v. Saffle, 148 F.3d 1180, 1182 (10th Cir.), cert. denied, 525 U.S. 1005 , 119 S.Ct. 520 , 142 L.Ed.2d 431 (1998); Rise v. Oregon, 59 F.3d 1556, 1562 (9th Cir.1995), ce rt. denied, 517 U.S. 1160 , 116 S.Ct. 1554 , 134 L.Ed.2d 656 (1996); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995); Ewell v. Murray, 11 F.3d 482, 486 (4th Cir.1993), ce rt. denied, 511 U.S. 1111 , 114 S.Ct. 2112 , 128 L.Ed.2d 671 (1994); Jones v. Murray, 962 F.2d 302, 309 (4th Cir.), cert. denied, 506 U.S. 977 , 113 S.Ct. 472 , 121 L.Ed.2d 378 (1992); Miller v. United States Parole Comm’n, 259 F.Supp.2d 116…
discussed Cited as authority (rule) In Re DLC
Tex. App. · 2003 · confidence medium
See Shaffer v. Saffle, 148 F.3d 1180 , 1182 (10th Cir.), cert. denied, 525 U.S. 1005 , 119 S.Ct. 520 , 142 L.Ed.2d 431 (1998); Rise v. Oregon, 59 F.3d 1556, 1562 (9th Cir. 1995), cert. denied, 517 U.S. 1160 , 116 S.Ct. 1554 , 134 L.Ed.2d 656 (1996); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995); Ewell v. Murray, 11 F.3d 482, 486 (4th Cir. 1993), cert. denied, 511 U.S. 1111 , 114 S.Ct. 2112 , 128 L.Ed.2d 671 (1994); Jones v. Murray, 962 F.2d 302, 309 (4th Cir.), cert. denied, 506 U.S. 977 , 113 S.Ct. 472 , 121 L.Ed.2d 378 (1992); Miller v. United States Parole Comm'n, 259 F.Supp.2d 1166…
discussed Cited as authority (rule) in the Matter of R.W.W.
Tex. App. · 2003 · confidence medium
See Shaffer v. Saffle , 148 F.3d 1180 , 1182 (10th Cir. ), cert. denied , 525 U.S. 1005 (1998); Rise v. Oregon , 59 F.3d 1556, 1562 (9th Cir. 1995), cert. denied , 517 U.S. 1160 (1996); Gilbert v. Peters , 55 F.3d 237, 238-39 (7th Cir. 1995); Ewell v. Murray , 11 F.3d 482, 486 (4th Cir. 1993) , cert. denied , 511 U.S. 1111 (1994); Jones v. Murray , 962 F.2d 302 , 309 (4th Cir.), cert. denied , 506 U.S. 977 (1992); Miller v. United States Parole Comm’n , 259 F. Supp. 2d 1166, 1170-72 (D.
discussed Cited as authority (rule) Kellogg v. Travis
NY · 2003 · confidence medium
Because the purpose of the DNA identification index is to aid in investigation, and not to punish, the retroactive application of the amendment comports with the Ex Post Facto Clause (see Shaffer v Saffle, 148 F3d 1180 , 1182 [10th Cir 1998], cert denied 525 US 1005 [1998]; Rise v State of Ore., 59 F3d 1556, 1562 [9th Cir 1995], cert denied 517 US 1160 [1996]; Gilbert v Peters, 55 F3d 237, 238-239 [7th Cir 1995]; Jones v Murray, 962 F2d 302, 309 [4th Cir 1992], cert denied 506 US 977 [1992]). *411 Plaintiff’s challenge based on the General Construction Law also fails.
discussed Cited as authority (rule) D.B. v. State (2×) also: Cited "see"
Ala. Crim. App. · 2003 · confidence medium
If the person is serving any sentence of probation and refuses to submit to the test, “... the sentencing court shall order such submission as a mandatory condition of probation.” Again, in subsection (d), the language indicates that the inmate “shall submit,” and if he refuses, he will not be eligible for any incentive release. “ ‘This Court can rely on guidance from the case of Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995).
discussed Cited as authority (rule) DB v. State (2×) also: Cited "see"
Ala. Crim. App. · 2003 · confidence medium
If the person is serving any sentence of probation and refuses to submit to the test, "... the sentencing court shall order such submission as a mandatory condition of probation." Again, in subsection (d), the language indicates that the inmate "shall submit," and if he refuses, he will not be eligible for any incentive release. "`This Court can rely on guidance from the case of Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995).
cited Cited as authority (rule) Robin O'grady, David Jakes, and De Tendevous, Incorporated, an Illinois Corporation v. Village of Libertyville, an Illinois Municipal Corporation
7th Cir. · 2002 · confidence medium
See Bae v. Shalala, 44 F.3d 489, 492-94 (7th Cir.1995); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995).
cited Cited as authority (rule) De Tendevous Inc v. Village Libertyville
7th Cir. · 2002 · confidence medium
See Bae v. Shalala, 44 F.3d 489, 492-94 (7th Cir. 1995); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir. 1995).
discussed Cited as authority (rule) United States v. Reynard
S.D. Cal. · 2002 · confidence medium
Shaffer v. Saffle, 148 F.3d 1180, 1182 (10th Cir.1998) (Oklahoma DNA statute has “legitimate, non-penal legislative purpose”); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995) ("Both federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature....
discussed Cited as authority (rule) Global Relief Foundation, Inc. v. O'NEILL
N.D. Ill. · 2002 · signal: cf. · confidence medium
Cf. Gilbert v. Peters, 55 F.3d 237, 238 (7th Cir.1995) (“Although ‘criteria for determining whether or not legislation is punitive have yet to be fully developed,’ one significant factor for consideration is the legislation’s purpose.”) (citation omitted).
cited Cited as authority (rule) Kindred v. Vannatta
7th Cir. · 2001 · confidence medium
Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995).
cited Cited as authority (rule) Shaffer v. Saffle
10th Cir. · 1998 · confidence medium
See Rise v. State of Oregon, 59 F.3d 1556, 1562 (9th Cir.1995); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995).
cited Cited as authority (rule) Shaffer v. Saffle
10th Cir. · 1998 · confidence medium
See Rise v. State of Oregon, 59 F.3d 1556, 1562 (9th Cir.1995); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995).
discussed Cited as authority (rule) Cooper v. Gammon
Mo. Ct. App. · 1997 · confidence medium
“Both federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature.” Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995).
discussed Cited as authority (rule) In Re the Appeal in Maricopa County Juvenile Action Nos. JV-512600 and JV-512797
Ariz. Ct. App. · 1996 · confidence medium
Accord Rise v. Oregon, 59 F.3d 1556, 1562 (9th Cir.1995), ce rt. denied, — U.S. —, 116 S.Ct. 1554 , 134 L.Ed.2d 656 (1996); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995); Jones v. Murray, 962 F.2d 302, 309 (4th Cir.), cert. denied, 506 U.S. 977 , 113 S.Ct. 472 , 121 L.Ed.2d 378 (1992); Kruger v. Erickson, 875 F.Supp. 583 , 589 (D.Minn.1995), aff'd, 77 F.3d 1071 (8th Cir.1996); Vanderlinden v. State, 874 F.Supp. 1210, 1216 (D.Kan.1995).
cited Cited "see" Sean Hadley v. Edwin G. Buss
7th Cir. · 2010 · signal: see · confidence high
See Gilbert v. Peters, 55 F. 3d 237, 239 (7th Cir. 1995).
discussed Cited "see" Sean Hadley v. Edwin G. Buss
7th Cir. · 2010 · signal: see · confidence high
See Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995). *603 Hadley also contends that the IDOC disciplinary hearing board violated his right to procedural due process, claiming that the board rushed to decision without considering his constitutional arguments and evidence.
cited Cited "see" State Of Iowa, Vs. Iowa District Court For Henry County
Iowa · 2009 · signal: see · confidence high
See Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir. 1995); Jones v. Murray, 962 F.2d 302, 309 (4th Cir. 1992).
cited Cited "see" State v. Iowa District Court for Henry County
Iowa · 2009 · signal: see · confidence high
See Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995); Jones v. Murray, 962 F.2d 302, 309 (4th Cir.1992).
discussed Cited "see" People v. Espana
Cal. Ct. App. · 2006 · signal: accord · confidence high
(Id. at p. 116, italics omitted; accord, Gilbert v. Peters (7th Cir. 1995) 55 F.3d 237, 239 (Gilbert) [following Doe v. Gainer, supra, 642 N.E.2d at p. 116 ].) We find these decisions persuasive and conclude section 296.l’s language requiring the DNA specimen be obtained “prior to . . . any physical release from confinement or custody release” serves as a timing provision that specifies the time when a prisoner must submit a DNA sample, i.e., while in prison and not after his or her release.
discussed Cited "see" Morrow v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995) (stating that "[b]oth federal and state courts uniformly [conclude] that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature" and that "blood [samples are] taken and analyzed for the sole purpose of establishing a data bank which will aid future law enforcement") (citation omitted); see also Thomas v. State, 662 So.2d 1334, 1336 (Fla. 1st DCA 1995) (stating that "no ex post facto violation occurs if the change in the law is merely procedural and `does not increase the punishment, n…
cited Cited "see" Hammonds v. State
Ala. Crim. App. · 1999 · signal: see · confidence high
See, Gilbert v. Peters, 55 F.3d 237 (7th Cir. 1995).
examined Cited "see" Dial v. Vaughn (4×)
Pa. Commw. Ct. · 1999 · signal: see · confidence high
See Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995).
cited Cited "see" Murneigh v. Gainer
Ill. · 1997 · signal: see · confidence high
See Gilbert v. Peters, 55 F.3d 237 (7th Cir. 1995); Jones v. Murray, 962 F.2d 302 (4th Cir. 1992); see also Doe, 162 Ill. 2d at 22 .
cited Cited "see" Murneigh v. Gainer
Ill. · 1997 · signal: see · confidence high
See Gilbert v. Peters , 55 F.3d 237 (7th Cir. 1995); Jones v. Murray , 962 F.2d 302 (4th Cir. 1992); see also Doe , 162 Ill. 2d at 22 .
discussed Cited "see" In re Name Change Petition of Suber
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
Isom; see generally Gilbert v. Peters, 55 F.3d 237, 238 (7th Cir.1995)(upholding statute requiring all incarcerated sex offenders to submit blood specimens to Department of State Police prior to final discharge, parole, or release, because “Reasonable prison regulations are not frozen at the time of each inmate’s conduct, but rather, they may be subject to reasonable amendments as necessary for good prison administration, safety and efficiency, without implicating ex post facto concerns” (citing Ewell v. Murray, 11 F.3d 482, 485-86 (4th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 2112…
discussed Cited "see" United States v. Michael Reese
6th Cir. · 1995 · signal: see · confidence high
See Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995) (Illinois statute requiring incarcerated sex offenders to submit blood samples before final discharge, parole or release not violative of Ex Post Facto Clause); Ewell v. Murray, 11 F.3d 482, 485 (4th Cir.1993) (Virginia statute reducing good time credits of inmates who refuse to give blood samples not violative of Ex Post Facto Clause), cert. denied, — U.S. -, 114 S.Ct. 2112 , 128 L.Ed.2d 671 (1994).
discussed Cited "see, e.g." United States v. Coccia
6th Cir. · 2010 · signal: see also · confidence medium
Hook, 471 F.3d at 776 (citing Jones v. Murray, 962 F.2d 302, 306 (4th Cir.1992)); see also Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995) (“Both federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature.
discussed Cited "see, e.g." Johnson v. Pennsylvania Board of Probation & Parole
3rd Cir. · 2006 · signal: see, e.g. · confidence medium
See, e.g., Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995) (stating that “[b]oth federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature”).
discussed Cited "see, e.g." Grant v. Goord
2d Cir. · 2005 · signal: see, e.g. · confidence medium
See, e.g., Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995) (“Disciplinary measures imposed on inmates for failing to obey orders ... do not violate the Ex Post Facto Clause.”); Jones v. Murray, 962 F.2d 302, 310 (4th Cir.1992).
discussed Cited "see, e.g." Esnault v. Burnett
10th Cir. · 2003 · signal: see also · confidence medium
This issue is foreclosed by our ruling in Shaffer v. Saffle, 148 F.3d 1180, 1182 (10th Cir.1998), where we held statutes that require offenders to provide DNA samples have a “legitimate, non-penal legislative purpose” and therefore “do not run afoul of the Ex Post Facto Clause.” See Jamison v. People, 988 P.2d 177 . 180 (Colo.App.1999) (holding state statutes requiring convicted sex offenders released from custody to submit to chemical blood testing did not violate ex post facto clauses of federal and state constitutions because intent of statute is remedial, not punitive); see also Gi…
discussed Cited "see, e.g." State v. Norman (2×)
N.D. · 2003 · signal: see, e.g. · confidence medium
See, e.g., Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995); Ewell v. Murray, 11 F.3d 482, 486 (4th Cir.1993); Jones v. Murray, 962 F.2d 302, 309 (4th Cir.1992); United States v. Reynard, 220 F.Supp.2d 1142, 1162 (S.D.Cal.2002); Kruger v. Erickson, 875 F.Supp. 583 , 589 (D.Minn.1994); Vanderlinden v. Kansas, 874 F.Supp. 1210, 1216 (D.Kan.1995), aff 'd sub nom.
Retrieving the full opinion text from the archive…
John GILBERT and Leroy Pughsley, Plaintiffs-Appellants,
v.
Howard A. PETERS III, Odie Washington, John Zeund, Et Al., Defendants-Appellees
94-2847, 94-2848.
Court of Appeals for the Seventh Circuit.
May 8, 1995.
55 F.3d 237
John H. Vogt (argued), Beckmire, Garrity & Vogt, Freeport, IL, for plaintiffs-appellants., Jan E. Hughes, Asst. Atty. Gen. (argued), Office of the Atty. Gen., Civ. Appeals Div. and David S. Rodriguez, Office of the Atty. Gen., Chicago, IL, for defendants-appellees.
Cummings, Kanne, Walter.
Cited by 54 opinions  |  Published
CUMMINGS, Circuit Judge.

Plaintiffs, two individuals serving time for sexual offenses in the Illinois prison system, filed 42 U.S.C. § 1983 challenges to Section 5-4-3 of the Illinois Unified Code of Corrections. This statute, which took effect in July 1990, requires all persons incarcerated for sexual offenses to submit blood specimens to the Illinois Department of State Police prior to final discharge, parole, or release. 730 ILCS 5/5^1 — 3(c). Plaintiffs complain that the statute violated a number of their constitutional rights; on appeal we consider only one claim, that the statute violates the Ex Post Facto Clause.

BACKGROUND

The Illinois statute at issue provides in relevant part that any person “convicted of a sexual offense * * * before the effective date of this * * * Act * * * [who] is presently confined as a result of such conviction” must provide a blood specimen to the Illinois Department of State Police. 730 ILCS 5/5-4-3(a)(3). The statute subsequently prescribes that individuals covered by subsection (a)(3) are “required to provide such samples prior to final discharge, parole, or release * * 730 ILCS 5/5 — 4—3(c). Blood samples are to be sent to the state police for analysis and categorization into genetic marker groupings, which will then be made available to law enforcement officers. 730 ILCS 5/5-4-3(d), (f).

Pursuant to this statute, officials at the Dixon Correctional Center required plaintiffs Gilbert and Pughsley to provide blood samples. Gilbert, who was convicted of rape and sexual assault in 1981, acquiesced after being threatened with loss of his good time credits and other disciplinary sanctions if he refused to comply. [1] Pughsley, who was also incarcerated in 1981 for attempted rape, refused to provide a blood sample upon request. Both men separately filed suit, charging state and federal law violations of privacy, search and seizure, and equal protection. The district court consolidated the two cases and dismissed them with prejudice. Mem. Op. June 28, 1994, reprinted in Pl.Br.App. In bringing this appeal, plaintiffs challenge only the district court’s determination that the statute does not violate the Ex Post Facto Clause of the United States Constitution, Art. I, § 10, which prohibits states from “retroactively altering] the definition of crimes or increas[ing] the punishment for criminal acts.” Collins v. Youngblood, 497 U.S. 37, 43, 110 S.Ct. 2715, 2719, 111 L.Ed.2d 30.

ANALYSIS

As Collins and subsequent cases make clear, the Ex Post Facto Clause does not prohibit every alteration in a prisoner’s confinement that may work to his disadvantage. See Ewell v. Murray, 11 F.3d 482, 485 (4th Cir.1993) (“[r]easonable prison regulations are not frozen at the time of each inmate’s conduct, but rather, they may be subject to reasonable amendments”), certiorari denied, — U.S. -, 114 S.Ct. 2112, 128 L.Ed.2d 671. Only measures which are both retroactive and punitive fall within the purview of the clause. Collins, 497 U.S. at 51, 110 S.Ct. at 2723-24.

Initially, we examine whether the DNA statute may fairly be considered punitive. Although “criteria for determining whether or not legislation is punitive have yet to be fully developed,” P1eople v. McVickers, 4 Cal.4th 81, 13 Cal.Rptr.2d 850, 852, 840 P.2d 955, 957 (1992), one significant factor for consideration is the legislation’s purpose. Prop v. Dulles, 356 U.S. 86, 96, 78 S.Ct. 590, 595-96, 2 L.Ed.2d 630, quoted in McVickers, 13 Cal.Rptr.2d at 853, 840 P.2d at 958. Both[*239] federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature. Rather, “the blood sample is taken and analyzed for the sole purpose of establishing a data bank which will aid future law enforcement.” Jones v. Murray, 962 F.2d 302, 309 (4th Cir.1992) (interpreting similar statute), certiorari denied, — U.S.-, 113 S.Ct. 472, 121 L.Ed.2d 378; see also Kruger v. Erickson, 875 F.Supp. 583, 589 (D.Minn.1995) (interpreting a similar statute as “not penal in nature. Its purpose is to create a DNA database for law enforcement purposes”); McVickers, 13 Cal.Rptr.2d at 854, 840 P.2d at 959 (blood collection statute has legitimate, non-penal legislative purpose). The blood specimen statute thus does not run afoul of the Ex Post Facto Clause.

Plaintiffs contend that regardless of whether blood sample collection is itself an acceptable retroactive practice, the Illinois statute is unconstitutional because it creates the danger that inmates will be punished for refusing to comply. Section 5/5-4-3(i) authorizes court orders for non-compliant individuals and provides that violators will be held in contempt of court; both plaintiffs’ experiences, moreover, indicate that those who refuse to submit to blood testing also face internal administrative sanctions, such as loss of “good time.” The district court, acknowledging this possibility, noted that any sanctions would result from an inmate’s refusal to comply with valid prison regulations rather than from the commission of the crime for which he was sentenced. Mem.Op. at 21, reprinted in Pl.Br.App. As the Fourth Circuit stated in Jones:

[A]s in the case regarding any prison regulation, violators can be administratively punished for their failure to provide samples. The Ex Post Facto clause does not prevent prison administrators from adopting and enforcing reasonable regulations that are consistent with good prison administration. ... [CJhanges in conditions of confinement ... and denials of privileges — matters which every prisoner can anticipate are contemplated by his original admission to prison — are necessarily functions of prison management.

Jones, 962 F.2d at 309 (internal quotation omitted). Disciplinary measures imposed on inmates for failing to obey orders also do not violate the Ex Post Facto Clause. Kruger, 875 F.Supp. at 589 n. 7.

Finally, plaintiffs suggest that under the terms of the statute, which provides that blood samples are to be collected “prior to final discharge, parole, or release,” they are subject to being held in prison past then-release date. The Illinois Supreme Court’s recent decision in Doe v. Gainer, 162 Ill.2d 15, 204 Ill.Dec. 652, 642 N.E.2d 114 (1994), certiorari denied, — U.S. -, 115 S.Ct. 1139, 130 L.Ed.2d 1099, interpreting this language as a timing mechanism rather than an enforcement provision (in other words, requiring an inmate to submit a blood specimen while still in prison rather than after his release), is binding on this Court and forecloses plaintiffs’ argument. The district court’s dismissal of plaintiffs’ complaints is affirmed.

1

. Gilbert also contends that he unsuccessfully attempted to withdraw his blood sample.