(AP) — A judge has sided with a 59-year-old inmate who challenged a state law that could keep him in prison for refusing to give his DNA.

Since 2010, people sentenced to prison for any felony have been required to provide a DNA sample to authorities.

The law also requires inmates already in prison to provide DNA samples. Those who refuse must serve their maximum sentence.

Inmate George Shepard, who is serving a 40- to 50-year sentence for first-degree sexual assault, sued. He says the possibility that he will serve all 50 years for his refusal to provide a DNA sample violates his constitutional rights.

Last month, Lancaster County District Judge Andrew Jacobsen agreed.

State officials have not indicated whether they will appeal.