CHAPTER
Saf-C 6700 DNA DATABASE RECORDS RULES
Statutory
Authority: RSA 651-C:3, II
PART
Saf-C 6701 PURPOSE
Saf-C
6701.01 Purpose. The purpose of these rules is to establish
procedures for the dissemination of information contained in the DNA database
regarding samples collected pursuant to RSA 651-C and for the expungement of
records contained in the DNA database.
Source. #7727, INTERIM, effective 7-20-02, EXPIRES: 1-16-03;
ss by #7748, eff 8-17-02; ss by #9762, INTERIM, eff 8-14-10, EXPIRED: 2-10-11
New. #9889-A, eff 3-18-11; ss by #12794, eff
5-28-19
PART
Saf-C 6702
DEFINITIONS
Saf-C
6702.01 “CODIS” means “CODIS” as defined
in RSA 651-C:1, I.
Source. #7727,
INTERIM, effective 7-20-02, EXPIRES:
1-16-03; ss by #7748, eff
8-17-02; ss by #9762, INTERIM, eff 8-14-10, EXPIRED: 2-10-11
New. #9889-A, eff 3-18-11; ss by #12794, eff
5-28-19
Saf-C
6702.02 “CODIS administrator” means an employee of the forensic laboratory
responsible for administration and security of the laboratory’s CODIS and his
or her alternate.
Source. #7727, INTERIM, effective 7-20-02, EXPIRES: 1-16-03;
ss by #7748, eff 8-17-02; ss by #9762, INTERIM, eff 8-14-10, EXPIRED: 2-10-11
New. #9889-A, eff 3-18-11; ss by #12794, eff
5-28-19
Saf-C 6702.03
“Commissioner” means the commissioner of the department of safety or the
CODIS administrator as the commissioner’s designee.
Source. #7727, INTERIM, effective 7-20-02, EXPIRES: 1-16-03;
ss by #7748, eff 8-17-02; ss by #9762, INTERIM, eff 8-14-10, EXPIRED: 2-10-11
New. #9889-A, eff 3-18-11 (from Saf-C 6702.02); ss by
#12794, eff 5-28-19
Saf-C
6702.04 “Department” means “department”
as defined in RSA 651-C:l, II.
Source. #7727, INTERIM, effective 7-20-02, EXPIRES: 1-16-03;
ss by #7748, eff 8-17-02; ss by #9762, INTERIM, eff 8-14-10, EXPIRED: 2-10-11
New. #9889-A, eff 3-18-11 (from Saf-C 6702.03); ss by
#12794, eff 5-28-19
Saf-C
6702.05 “Division” means “division” as
defined in RSA 651-C:1, III.
Source. #7727, INTERIM, effective 7-20-02, EXPIRES: 1-16-03;
ss by #7748, eff 8-17-02; ss by #9762, INTERIM, eff 8-14-10, EXPIRED: 2-10-11
New. #9889-A, eff 3-18-11 (from Saf-C 6702.04); ss by
#12794, eff 5-28-19
Saf-C
6702.06 “DNA” means “DNA” as defined in
RSA 651-C:l, IV.
Source. #7727, INTERIM, effective 7-20-02, EXPIRES: 1-16-03;
ss by #7748, eff 8-17-02; ss by #9762, INTERIM, eff 8-14-10, EXPIRED: 2-10-11
New. #9889-A, eff 3-18-11 (from Saf-C 6702.05); ss by
#12794, eff 5-28-19
Saf-C
6702.07 “DNA record” means “DNA record”
as defined in RSA 651-C:1, V.
Source. #9889-A, eff 3-18-11 (from Saf-C 6702.06); ss by
#12794, eff 5-28-19
Saf-C
6702.08 “Offender” means an individual
required to provide a DNA sample pursuant to RSA 651-C:2, I.
Source. #12794, eff
5-28-19
PART Saf-C 6703
COLLECTION AND SUBMISSION OF DNA SAMPLES
Saf-C 6703.01 Definitions. For the purposes of this part, “collector” means
the person responsible for the collection of the DNA sample.
Source. #7727, INTERIM, effective 7-20-02, EXPIRES: 1-16-03;
ss by #7748, eff 8-17-02; ss by #9762, INTERIM, eff 8-14-10, EXPIRED: 2-10-11
New. #9889-A, eff 3-18-11; ss by #12794, eff 5-28-19
Saf-C 6703.02
DNA Collection Kit.
(a) The division shall provide DNA buccal
collection kits to any agency responsible for the collection of DNA samples
pursuant to RSA 651-C and these rules.
(b)
The DNA buccal collection
kit shall contain the
following:
(1) Kit shipping envelope;
(2) Kit instruction sheet;
(3) DNA database information card;
(4) Kit shipping seal;
(5) Biohazard barrier gloves;
(6) Foam tipped paddle swab;
(7) Collection card; and
(8) Desiccant packet in a ziplock
bag.
(c) The kit shall not be used if the kit envelope
integrity seals are broken.
Source. #7748, eff 8-17-02; ss by #9762, INTERIM, eff
8-14-10, EXPIRED: 2-10-11
New. #9889-A, eff 3-18-11;
ss by #12794, eff 5-28-19
Saf-C
6703.03 Collection of DNA Samples.
(a)
The collector shall remove all the components of the kit envelope and
ensure that the bar code label on the DNA database information card corresponds
to the bar code label on the collection card.
(b)
The collector shall type or clearly print all information requested on
the DNA database information card to include the following:
(1) Offender’s legal status;
(2) Offender’s name;
(3) Offender’s date of birth;
(4) The name of the sampling
facility;
(5) The name and signature of
the collector, including a telephone number; and
(6) The date the sample was
drawn.
(c) The collector shall place the
offender’s left and right hand thumb prints on the DNA database information
card where indicated.
(d)
The collector shall put on the biohazard barrier gloves prior to the
collection of the DNA sample. The
collector shall remove the foam tipped applicator from its packaging, being
careful not to touch the foam tip.
(e)
The swab shall be placed in the offender’s mouth and used to thoroughly
swab between the offender’s gumline and cheek on the offender’s left and right
side, allowing the foam tip to absorb as much saliva as possible. The swab shall then be removed from the
offender’s mouth.
(f)
The collector shall then press the flat
circular swab head on the pink surface of the collection card.
(g)
If practicable, the collector shall allow the collection card to air dry
for approximately 30 minutes. The collector shall place the DNA database
information card and the DNA collection card in the ziplock
bag provided with the desiccant packet.
The ziplock bag shall be closed and placed
into the DNA kit shipping envelope.
Source. #9889-A, eff 3-18-11, paras (a) and (d)-(h); #9889-B, eff 3-18-11, para (b) & (c);
ss by #12794, eff 5-28-19
Saf-C 6703.04 Submission of the DNA Buccal Collection
Kit.
(a)
Upon the collection of the offender’s sample in accordance with this part,
the collector shall seal the kit envelope by affixing the shipping seal where
indicated on the envelope and initial and date the seal. The kit shipping envelope flap shall not be
moistened with saliva or water to seal.
(b)
The collector shall fill out the return address on the kit shipping
envelope and deliver to the forensic laboratory by courier or by affixing the
appropriate postage where indicated and deliver the kit to:
Department of Safety
State Police Forensic Laboratory
Attention: DNA Unit
33 Hazen Drive
Concord, NH 03305
(c) If the kit is not to be submitted
within 24 hours of collecting the sample, the kit shall be stored at room
temperature or refrigerated.
Source. #9889-A, eff 3-18-11; ss by #12794, eff
5-28-19
PART Saf-C 6704 DISSEMINATION OF INFORMATION IN DNA DATABASE
Saf-C
6704.01 Release of DNA Records to a
Law Enforcement Officer.
(a)
“Law enforcement officer”, for the purposes of this section, means:
(1) The following from any state:
a. Sheriff or deputy sheriff of any county;
b. State police officer;
c. Constable
or police officer
of any city or town;
d. Official of any jail or corrections institution;
e. Conservation
officer;
f. Probation or parole officer; or
g. Any
federal, state, county, or local prosecuting
attorney; or
(2) Any federal law enforcement officer.
(b) “DNA record”, for the purpose of
this section, means:
(1) The contents of the file
detailing the verification of the offender’s DNA profile;
(2) The DNA information card; and
(3) The
DNA profile contained within the database.
(c)
Pursuant to RSA 651-C:3,
I, information pertaining to whether an offender’s sample is in the database or
DNA records associated with the analysis of an offender’s sample contained in
the DNA database may be requested by law
enforcement officers in furtherance of an official
investigation or prosecution of any criminal
offense.
(d) Requests by law enforcement officers shall
be made in writing, via facsimile
at (603) 271-1086, email at codis@dos.nh.gov,
e-mail directly to the CODIS Administrator, or U.S. mail directed to:
CODIS Administrator
State Police Forensic Laboratory
33 Hazen Drive
Concord, NH 03305
(e)
Each request by a law enforcement officer shall include:
(1) The agency represented by the officer;
(2) An explanation as to how the
information sought will further the official investigation or prosecution of
any criminal offense; and
(3) The name and contact information of
the individual submitting the request.
(f) The CODIS administrator shall deny
the request if he or she determines that:
(1) The requested information does not
meet the requirements of (e) above; or
(2) The release of information is not authorized
by RSA 651-C:3,I.
(g) Any information provided from the
DNA database shall not be transferred or made available to any other person or
entity not authorized pursuant to RSA 651-C:3,I.
(h)
Requests pursuant to (e) above shall be maintained on file with the division.
(i) Notwithstanding (d) above, requests from a law enforcement officer initiated to verify
whether an individual’s sample has been collected, specifically for the purpose
of determining whether a DNA sample is still required to be collected pursuant
to RSA 651-C:2, may be answered by telephone.
(j)
Information regarding whether
a particular sample
has been collected
from an offender
may be indicated in law enforcement databases.
(k)
Notwithstanding (d) above, following verification of any
match between a New Hampshire offender and evidence submitted by a New
Hampshire law enforcement agency, the CODIS administrator shall release the
offender information to the law enforcement agency that submitted the
associated evidence sample. The
notification may initially occur telephonically, but shall be followed by
written notification.
Source. #7727, INTERIM, effective 7-20-02, EXPIRES: 1-16-03;
ss by #7748, eff 8-17-02; amd by #7990, eff 1-1-04; amd by #9762, INTERIM, eff
8-14-10, EXPIRED: 2-10-11
New. #9889-A, eff 3-18-11 (from Saf-C 6703.01); ss by #12794, eff 5-28-19
Saf-C 6704.02 Release of Information to a CODIS
Participating Laboratory.
(a)
Release of offender information in relation to a CODIS match between a
New Hampshire offender and an evidence sample from an unsolved out of state
case shall be specifically requested.
(b)
If release of offender information by a CODIS participating laboratory
is requested, it shall be made in writing, via facsimile at (603) 271-1086, e-mail at
codis@dos.nh.gov, e-mail directly to the CODIS Administrator, or U.S. mail directed
to:
CODIS Administrator
State Police Forensic Laboratory
33 Hazen Drive
Concord, NH 03305
(c)
Each request shall include:
(1) The agency
represented; and
(2) The name and contact information of the individual
submitting the request.
(d) Unless the identity and authority of the
requestor is known to the CODIS administrator, the CODIS administrator shall
verify the identity and authority of the requestor.
(e)
Requests made pursuant to (a) shall be maintained on file with the
division.
(f)
Information may be released to a representative of a CODIS participating
laboratory regarding a result of an offender hit with that laboratory’s
evidence sample from a solved case. The
CODIS administrator shall determine whether the identity of the matching
offender is the same as the identified subject in the solved case.
Source. #9889-A, eff
3-18-11 (from Saf-C 6703.02); ss by #12794, eff
5-28-19
Saf-C
6704.03 Requesting a Copy of Law Enforcement Request.
(a) Pursuant to RSA 651-C:3,
III a copy of the request for information
set forth in Saf-C 6704.01 (c)
and 6704.02 (a) shall be provided to any person,
upon request, who is identified
and charged with an offense
as a result of a search
of information in the DNA database.
(b) Each request pursuant to (a) above shall:
(1) Be submitted in writing by the person and notarized; or
(2) Be submitted in writing by the person’s
legal representative.
(c)
Pursuant to RSA 651-C:3, III, the existence of data in the DNA data base
shall be confirmed or identifying information shall be disseminated
only following an analysis and confirmed match between the biological sample
submitted from the person and the DNA record contained in the database.
(d)
For the purpose of this section, “identifying information” means:
(1) A DNA information card;
(2) A DNA profile contained within the database;
and
(3) A CODIS match report.
(e)
Requests pursuant to (a) above shall be maintained on file with the division.
Source. #9889-A, eff
3-18-11 (from Saf-C 6703.02); ss by #12794, eff
5-28-19 (from Saf-C 6704.02)
PART Saf-C 6705 EXPUNGEMENT OF DNA DATABASE RECORDS
Saf-C 6705.01 Procedure for Expungement of Offender Records.
(a) Pursuant to RSA 651-C:5 an offender may request expungement on the
grounds that the criminal conviction on which the authority for including such
person’s DNA record was based has been reversed or dismissed.
(b)
All requests shall be submitted to:
CODIS Administrator
Department of Safety
State Police Forensic Laboratory
33 Hazen Drive
Concord, NH 03305
(c)
All requests for expungement pursuant to RSA 651-C:5, I shall be submitted in writing by
the person or his or her legal representative and shall include a certified
copy of the court order reversing or dismissing the conviction.
(d)
Upon receipt of the request, the CODIS administrator shall verify the
validity of the court order.
(e)
A criminal records history shall be conducted of the person, in order to
determine if any other qualifying offenses exist, as set forth in RSA 651-C:2,
I.
(f)
If no other qualifying offenses exist, as set forth in RSA 651-C:2, I,
all records and identifiable information in the DNA database pertaining to said
offense, along with any biological samples provided by the person, shall be
purged.
(g)
If other qualifying offenses exist, as set forth in RSA 651-C:2, I, all
identifiable information in the DNA database pertaining to the offense, along
with any biological samples provided by the person, shall remain in the DNA
database and not be purged.
(h)
Pursuant to RSA 651-C:5, II, the DNA record of juvenile sexual offenders
shall be maintained in the DNA database
and shall not be automatically expunged from the DNA database
upon the person reaching
the age of adulthood.
(i) Requests pursuant
to (c) above shall be maintained on file
with the division.
Source. #9889-A, eff
3-18-11 (from Saf-C 6704.01); ss by #12794, eff
5-28-19
APPENDIX
Rule |
Specific State Statute the Rule
Implements |
|
|
Saf-C
6701.01 |
RSA
541-A:7 |
Saf-C
6702.01 |
RSA
541-A:7 & RSA 651-C:1, I |
Saf-C
6702.02 and Saf-C 6702.03 |
RSA
541-A:7 |
Saf-C
6702.04 |
RSA
651-C:1, II |
Saf-C
6702.05 |
RSA
651-C:1, III |
Saf-C
6702.06 |
RSA
651-C:1, IV |
Saf-C
6702.07 |
RSA
651-C:1, V |
Saf-C 6703 |
RSA
651-C:2, III |
Saf-C
6704.01(a) |
RSA
541-A:7 |
Saf-C
6704.01(b)-(l) and Saf-C 6704.02 |
RSA
651-C:3, I |
Saf-C
6704.03 |
RSA
651-C:3, III |
Saf-C 6705 |
RSA
651-C:5 |