Code of Massachusetts Regulations
515 CMR - DEPARTMENT OF STATE POLICE
Title 515 CMR 8.00 - Testing of Quantity Limited Evidence within the Sexual Assault Evidence Collection Kit Pursuant to M.G.L. c. 41, Section 97B1/2
Section 8.03 - Quantity Limited Items in a Sexual Assault Evidence Collection Kit (SAECK)

Universal Citation: 515 MA Code of Regs 515.8

Current through Register 1531, September 27, 2024

(1) When the MSPCL has identified that the most forensically probative item of evidence from a SAECK is quantity limited:

(a) The MSPCL will provide the prosecuting attorney's office with jurisdiction over the case or investigation with written notice of the quantity limited sample.

(b) The notice from the MSPCL to the prosecuting attorney's office will:

1. Inform the prosecuting attorney's office that the selected item(s) of evidence is quantity limited and that DNA testing will consume the raw evidence.

2. Notify the prosecuting attorney's office that the statutory period-for testing is being tolled for 30 business days.

3. Identify the date on which a response is required.

4. Include all appropriate forms.

(2) Each prosecuting attorney's office shall designate an individual as the point-of-contact who is responsible for receiving notice of quantity limited evidence and notify the MSPCL of the point-of-contact.

(3) Testing may proceed when the MSPCL receives a written response from the prosecuting attorney's office with notification of one of the following:

(a) The prosecuting attorney's office authorizes the MSPCL to proceed with exhaustive testing. Testing will resume when the response to the MSPCL notice is received.

(b) The prosecuting attorney's office, defense attorney, or defendant requests or a court orders scientific representation present to observe the DNA testing. In such case, the MSPCL will work with the scientific representative to schedule a date on which the scientific representative will be present to observe the DNA testing. Testing will resume on the date scheduled by the MSPCL and the scientific representative for observation of testing.

(4) The statutory time period to test the SAECK will be tolled under the following conditions:

(a) The prosecuting attorney's office determines that it is in the interests of justice that testing be halted and notifies the MSPCL of this determination.

(b) If the MSPCL does not receive a response from the prosecuting attorney's office by the date set forth in the written notice, the case will be treated as administratively closed by the MSPCL and the QLIM sample will be stored pursuant to M.G.L. c. 41, § 97B.

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