502 KAR 32:010. Centralized database
for DNA identification records.
RELATES
TO: KRS 17.169, 17.170, 17.175, 10 U.S.C. 1565, 42 U.S.C. 14131, 42 U.S.C.
14132
STATUTORY
AUTHORITY: KRS 15A.160, 17.170(5), 17.175
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the secretary to promulgate
administrative regulations and direct proceedings and actions for the
administration of all laws and functions which are vested in the cabinet,
except laws and functions vested in the Department for Public Advocacy. KRS
17.170(5) authorizes the Justice and Public Safety cabinet to promulgate administrative
regulations concerning the sampling and packaging of DNA. KRS 17.175(6)
requires the cabinet 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) "Authorized personnel" is defined by KRS
17.169(2).
(2)
"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.
(3)
"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.
(4)
"DJJ" means the Department of Juvenile Justice.
(5)
"DNA" means deoxyribonucleic acid.
(6)
"DNA database" means the database that is part of the federal
Combined DNA Index System maintained by the Kentucky State Police under
agreement with the Federal Bureau of Investigation and contains the DNA
profiles for qualifying offenders, crime scene specimens, unidentified human
remains, missing persons, and close relatives of missing persons as authorized
by KRS 17.175.
(7)
"DNA Database Supervisor" means a person designated as the point of
contact with the Federal Bureau of Investigation to insure the proper operation
and security of the database.
(8)
"DNA sample" is defined by KRS 17.169(1).
(9)
"DOC" means the Department of Corrections.
(10)
"Evidentiary item" means any physical evidence recovered from a crime
scene that may contain biological material from which a DNA profile may be
extracted.
(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 DNA sample from a
qualifying offender by finger prick lancet or other biological sample 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.
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 authorized personnel.
(2)
In accordance with KRS 17.170(5), 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 contain the collection materials necessary to obtain
either a blood sample by a finger stick lancet procedure or other biological
sample. 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 finger prick lancet
blood sample shall contain an "Offender DNA Collection Kit Information
Sheet (finger prick lancet method)", KSP Form No. 47-A and for the "Offender
DNA Collection Kit Information Sheet (buccal swab method)", KSP Form No.
47-B. The Offender DNA Collection Kit Information Sheet shall contain
step-by-step instructions for the collection of the blood sample or other
biological samples on one (1) side of the form. The other side of the Offender DNA
Collection Kit Information Sheet shall be completed accurately with as much
biographical and offense-related information available concerning the
qualifying offender. The qualifying offender's left and right thumbprints shall
be taken when the sample is collected, except in the instance of amputation or
injury to the qualifying offender’s thumbs, in which case another digit shall
be printed per the instructions on the Offender DNA Collection Kit Information
Sheet. The Offender DNA Collection Kit Information Sheet shall be completed by
the person collecting the DNA sample from the qualifying offender when the
sample is collected and in the presence of the qualifying offender. The DNA
sample shall be taken by DOC or DJJ authorized personnel and shall not be
self-collected by the qualifying offender.
(4)
Following collection of a blood or other biological 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 DNA
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)(2).
(2)
Only DNA profiles obtained as a result of DNA analysis 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 shall only be accessed as approved by the DNA Database Supervisor
by Kentucky State Police employees who show proficiency in DNA testing and the
DNA database, and maintain continuing education hours pursuant to KSP forensic
lab policy and federal requirements in accordance with 42 U.S.C. 14131. The DNA
Database Supervisor may provide KSP interns with limited access to the DNA
database pursuant to KSP forensic lab policy.
(3)
All data and information generated by the DNA Database are confidential.
(4)
Searches shall be conducted for law enforcement, criminal justice agencies, or
governmental forensic science laboratories approved by the DNA Database
Supervisor pursuant to 42 U.S.C. 14132.
(5)
Access to the DNA Database shall be through computers that are utilized solely
for accessing the DNA Database by authorized users and are located in areas
secured by the Kentucky State Police.
Section
8. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"Offender DNA Collection Kit Information Sheet (finger prick lancet
method)," KSP Form No. 47-A, January 2006;
(b)
"KSP Request For Evidence Examination," KSP Form No. 26, March 2001;
(c)
"Offender DNA Collection Training Program for Trainers", KSP Form No.
139, June 2008;
(d)
"Offender DNA Collection Training Program for Collectors", KSP Form
No. 140, June 2008;
(e)
"Offender DNA Collection Training Program", KSP Form No. 141, June
2008; and
(f)
"Offender DNA Collection Kit", KSP Form No. 47-B, August 2009.
(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; 35 Ky.R.
381; 817; eff. 10-31-08; 37 Ky.R. 966; 11-5-2010.)
