Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 60 - Laboratories and Medical Examiner
Subchapter 05 - State Laboratory
Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2)
Section 216-RICR-60-05-2.6 - State of Rhode Island DNA Databank
Current through September 18, 2024
A. In accordance with the requirements of the Act, a State of Rhode Island DNA databank is established pursuant to this Part. It shall serve as the repository of DNA samples collected under the Act and shall be administered by the Department. Requirements for DNA sampling are pursuant to R.I. Gen. Laws § 12-1.5-8.
B. DNA samples collected under the provisions of this Part shall be processed in accordance with Standard Operating Procedures, Rhode Island Department of Health, Division of Laboratories, January 2017 (and any subsequent amendments thereto), which is based on "Quality Assurance Standards for Forensic DNA Testing Laboratories" incorporated above at § 2.2(A) of this Part.
C. The Department shall be responsible for the collection of DNA samples from convicted offenders, and law enforcement personnel shall be responsible for the collection of DNA samples from arrested individuals.
D. DNA samples shall be obtained using a sample collection kit designed and/or recommended by the Department.
E. Thumbprint, signature and/or other personal identifiers shall document the identity of the offender.
F. If the sample is unsuitable for laboratory testing, the Department may authorize collection of a second specimen.
G. The collection kit shall be sealed and hand-delivered or sent by mail to the Laboratory.
H. Upon submission of the sample collection kit to the Department, designated personnel shall record the date and time of receipt. The kit shall receive a unique identifying number that does not include any personal identification information.
I. The sample shall be secured in the appropriate storage area until analysis is performed. The Laboratory shall maintain an internal chain of custody to track the sample throughout its storage and analysis.
J. The genetic markers comprising the DNA profile shall consist of those adopted by the DNA Advisory Board of the Federal Bureau of Investigation.
K. Protection from civil or criminal liability for withdrawal of DNA samples is pursuant to R.I. Gen. Laws § 12-1.5-9.