South Carolina Code of Regulations
Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION
Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES
Section 73-90 - Duties of Evidence Custodians
Current through Register Vol. 48, No. 3, March 22, 2024
A. Any law enforcement officer or law enforcement employee who receives suspected controlled substance evidence or paraphernalia from another law enforcement officer or law enforcement employee must maintain the record of the chain of custody.
B. Evidence custodians must neither alter the controlled substance evidence themselves nor allow others to alter the evidence except as may be reasonably necessary for a Forensic Laboratory analysis or field test. Any alteration of the controlled substance(s) must be documented in writing and the record of alteration must be kept with the chain of custody.
C. All evidence custodians shall create or cause to be created a written record concerning the controlled substance evidence within their custody containing at least the following:
D. Each and every evidence custodian shall create or cause to be created a Subsequent Change of Custody Form. This subsequent change of custody shall contain the following information:
E. If and when it is necessary to transfer custody of the controlled substance evidence to the next evidence custodian, the evidence custodian in possession of the evidence will complete the Subsequent Change of Custody Form by filling in or causing to be filled in the following:
F. After completing the Subsequent Change of Custody Form, the evidence custodian shall deliver the original Initial Custody Form and the original Subsequent Change of Custody Form or Forms together with the controlled substance evidence to the next evidence custodian. Each evidence custodian may make and keep copies of both the Initial Custody Form and the Subsequent Change of Custody Form or Forms for his or her own records.
G. The original signed Initial Custody Form and Subsequent Change of Custody Form or Forms must accompany the evidence until it is presented to the Forensic Laboratory for analysis. The Forensic Laboratory shall retain all original Initial Custody and Subsequent Chain of Custody Forms accompanying the controlled substance(s) submitted for testing and analysis.