Code of Massachusetts Regulations
515 CMR - DEPARTMENT OF STATE POLICE
Title 515 CMR 7.00 - Long Term Retention and Preservation of Evidence by Governmental Entities
Section 7.03 - Scope and Applicability

Universal Citation: 515 MA Code of Regs 515.7

Current through Register 1531, September 27, 2024

(1) Any governmental entity that is in possession of evidence or biological material that is collected for its potential evidentiary value during the investigation of a crime, the prosecution of which results in a conviction, shall retain evidence or biological material for the period of time that a person remains in the custody of the Commonwealth, or under parole or probation supervision in connection with the crime, without regard to whether the evidence or biological material was introduced at trial.

(2) Because 515 CMR 7.00 only governs the long term storage of evidence in post-conviction circumstances, it does not apply, for example, in the following circumstances: when evidence is ordered destroyed by the court; when evidence is ordered forfeited to the Commonwealth; or when evidence is held during the pendency of trial. The foregoing list is not exhaustive.

(3)515 CMR 7.00 sets fourth standards for:

(a) maintaining the integrity of biological materials over time, including methods for evidence packaging, storage, and preservation;

(b) the designation of officials at each governmental entity with custodial responsibility; and

(c) requirements for contemporaneously recorded documentation of individuals having and obtaining custody of any evidence or biological material.

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