502 KAR 32:010. Centralized database for DNA identification records.

      RELATES TO: KRS 17.170, 17.171, 17.172, 17.173, 17.174, 17.175

      STATUTORY AUTHORITY: KRS 15A.160, 17.080, 17.170, 17.175

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.175 requires the Kentucky State Police to promulgate administrative regulations necessary to carry out the provisions of the DNA database identification system, including procedures for collection of DNA samples from designated persons for inclusion in the database, and procedures concerning database system usage and integrity. This administrative regulation establishes collection procedures for DNA samples for inclusion in the DNA database, quality assurance and testing proficiency standards for DNA samples included in the DNA database, and procedures governing DNA database system usage, security, and integrity.

      Section 1. Definitions. (1) "Biological sample" means any part of the human body from which a person's DNA profile may be extracted such as blood, hair, saliva, tissue, or bone.

      (2) "Blood sample" means blood drawn from a person by means of hypodermic needle extraction or by a finger prick lancet for purposes of obtaining a DNA profile.

      (3) "DJJ" means the Department of Juvenile Justice.

      (4) "DNA" means deoxyribonucleic acid.

      (5) "DNA database" means the database maintained by the Kentucky State Police which contains the DNA profiles for qualifying offenders, crime scene specimens, missing persons, and close relatives of missing persons as authorized by KRS 17.175.

      (6) "DNA profile" means a set of DNA identification characteristics which permit the DNA of one (1) person to be distinguishable from that of another person.

      (7) "DNA sample" means a biological sample collected for DNA identification purposes.

      (8) "DOC" means the Department of Corrections.

      (9) "Evidentiary item" means any physical evidence recovered from a crime scene that may contain biological material from which a DNA profile may be extracted.

      (10) "FBI" means the Federal Bureau of Investigation.

      (11) "KSP" means the Kentucky State Police.

      (12) "KSP Central Lab" means the Kentucky State Police Central Forensic Laboratory.

      (13) "Offender DNA collection kit" means a package of materials obtained from the KSP Central Lab for the purpose of collecting a blood sample from a qualifying offender by either hypodermic needle extraction or finger prick lancet for the purpose of obtaining a DNA profile.

      (14) "Qualifying offender" means a person who has committed one (1) or more of the criminal or public offenses enumerated in KRS 17.170 - 17.174.

      Section 2. Collection of DNA Samples From Qualifying Offenders For Inclusion In DNA Database. (1) In accordance with KRS 17.170(2), DNA samples shall be collected by DOC and DJJ from qualifying offenders in a medically-approved manner by a physician, registered nurse, phelobotomist, medical technician, or medical technologist.

      (2) In accordance with KRS 17.170(2), KSP Central Lab shall provide offender DNA collection kits to DOC and DJJ for the collection of DNA samples. Each offender DNA collection kit shall either contain a vacutainer tube containing EDTA preservative for obtaining a drawn blood sample by hypodermic needle extraction, or the collection materials necessary to obtain a blood sample by a finger stick lancet procedure. Each offender DNA collection kit shall be secured in protective wrapping materials in a preaddressed, sealable mailing container.

      (3) Each offender DNA collection kit for the collection of a blood tube sample shall contain an "Offender DNA Collection Kit Information Sheet (blood tube method)", KSP Form No. 47. Each offender DNA collection kit for the collection of a finger prick lancet blood sample shall contain an "Offender DNA Collection Kit Information Sheet (finger prick lancet method)", KSP Form No. 47-A. The Offender DNA Collection Kit Information Sheet shall contain step-by-step instructions for the collection of the blood sample on one (1) side of the form. The other side of the Offender DNA Collection Kit Information Sheet shall be completed with biographical and offense-related information concerning the offender, and shall have space for the qualifying offender's left and right thumbprints. The Offender DNA Collection Kit Information Sheet shall be completed by the person collecting the blood sample from the qualifying offender when the sample is collected and in the presence of the qualifying offender.

      (4) Immediately following collection of a blood sample from a qualifying offender, the offender DNA collection kit shall be sealed. As soon as practical following collection, the offender DNA collection kit shall be forwarded to the KSP Central Lab either by personal courier, private courier, registered mail, certified mail, or first class mail.

      Section 3. Collection of Missing Person DNA Samples for Inclusion in DNA Database. (1) Any available biological material from the missing person from which a DNA sample can be extracted which is submitted by a law enforcement agency to the KSP Central Lab shall be accompanied by a completed KSP "Request For Examination," KSP Form No. 26.

      (2) If practical, DNA samples shall be submitted to the KSP Central Lab from the biological parents and siblings of the missing person. If practical, a blood sample from children of the missing person and the children’s other parent may also be submitted.

      (3) Biological samples shall be placed in protective packaging. All samples shall be sealed with evidence tape and initialed by the submitting officer. Samples shall be forwarded to the KSP Central Lab in a manner by which an evidentiary chain of custody can be established.

      Section 4. Collection of DNA Samples from Unidentified Bodies for Inclusion In DNA Database. (1) A biological sample from the unidentified body, submitted by a law enforcement agency to the laboratory, shall be accompanied by a completed KSP Form No. 26.

      (2) If practical, the biological sample shall be a blood sample, a deep muscle tissue sample, or a long bone. The requesting officer shall contact the KSP Central Lab to determine if a different type of biological sample from the unidentified body is acceptable if one (1) of the above-enumerated samples cannot be submitted.

      (3) Biological samples shall be placed in protective packaging. All samples shall be sealed with evidence tape and initialed by the submitting officer. Samples shall be forwarded to the KSP Central Lab in a manner by which an evidentiary chain of custody can be established.

      Section 5. Collection Of DNA Samples From Crime Scenes For Inclusion In DNA Database. (1) Any evidentiary item recovered from a crime scene from which a DNA sample can be extracted may be submitted by a law enforcement agency to KSP Central Lab for analysis. All evidentiary items so submitted shall be accompanied by a completed KSP Form No. 26.

      (2) Biological samples shall be placed in protective packaging. All samples shall be sealed with evidence tape and initialed by the submitting officer. Samples shall be forwarded to the KSP Central Lab in a manner by which an evidentiary chain of custody can be established.

      Section 6. Quality Assurance Standards for DNA Database. (1) The proficiency of examiners conducting DNA analysis for the database shall be tested twice a year in accordance with 42 U.S.C. 14132(b)(1).

      (2) Only DNA profiles obtained as a result of analysis conducted in conformance with the quality assurance standards set forth in the KSP Forensic Laboratories' "The Forensic Biology/DNA Database Quality Assurance Manual" shall be entered in the DNA database.

      Section 7. DNA Database Usage, Access and Security. (1) Information contained in the DNA database shall be used for law enforcement and statistical purposes only in accordance with KRS 17.175.

      (2) DNA database security, employee access, and limitations on DNA database usage shall be governed by the KSP Forensic Laboratories' "DNA Database Manual".

      Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Offender DNA Sample Information Sheet (blood tube method)," KSP Form No. 47, May 2003;

      (b) "Offender DNA Collection Kit Information Sheet (finger prick lancet method)" KSP Form No. 47-A, January 2006;

      (c) "KSP Request For Evidence Examination," KSP Form No. 26, March 2001;

      (d) KSP Forensic Laboratories' "The Forensic Biology/DNA Database Quality Assurance Manual," January 19, 2007;

      (e) KSP Forensic Laboratories' "DNA Database Manual", January 8, 2007.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the KSP Central Forensic Laboratory, 100 Sower Boulevard, Suite 102, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (32 Ky.R. 1851; 2007; eff. 6-2-2006 33 Ky.R. 3459; eff. 8-6-07.)