Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 32 - DNA › Section 502 KAR 32:010 - Centralized database for DNA identification records

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.169, 17.170, 17.175,  10 U.S.C. 1565, 42 U.S.C. 14131, 42 U.S.C. 14132
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the
				secretary to promulgate administrative regulations and direct proceedings and
				actions for the administration of all laws and functions which are vested in
				the cabinet, except laws and functions vested in the Department for Public
				Advocacy. KRS 17.170(5) authorizes the Justice and Public Safety cabinet to
				promulgate administrative regulations concerning the sampling and packaging of
				DNA. KRS 17.175(6) requires the cabinet to promulgate administrative
				regulations necessary to carry out the provisions of the DNA database
				identification system, including procedures for collection of DNA samples from
				designated persons for inclusion in the database, and procedures concerning
				database system usage and integrity. This administrative regulation establishes
				collection procedures for DNA samples for inclusion in the DNA database,
				quality assurance and testing proficiency standards for DNA samples included in
				the DNA database, and procedures governing DNA database system usage, security,
				and integrity.
Section 1. Definitions.
(1) "Authorized personnel" is defined by KRS 17.169(2).
(2) "Biological sample"
			 means any part of the human body from which a person's DNA profile may be
			 extracted such as blood, hair, saliva, tissue, or bone.
(3) "Blood sample" means blood drawn from a
			 person by means of hypodermic needle extraction or by a finger prick lancet for
			 purposes of obtaining a DNA profile.
(4) "DJJ" means the Department of Juvenile
			 Justice.
(5) "DNA" means
			 deoxyribonucleic acid.
(6) "DNA
			 database" means the database that is part of the federal Combined DNA Index
			 System maintained by the Kentucky State Police under agreement with the Federal
			 Bureau of Investigation and contains the DNA profiles for qualifying offenders,
			 crime scene specimens, unidentified human remains, missing persons, and close
			 relatives of missing persons as authorized by KRS 17.175.
(7) "DNA Database Supervisor" means a person
			 designated as the point of contact with the Federal Bureau of Investigation to
			 insure the proper operation and security of the database.
(8) "DNA sample" is defined by KRS 17.169(1).
(9) "DOC" means the
			 Department of Corrections.
(10)
			 "Evidentiary item" means any physical evidence recovered from a crime scene
			 that may contain biological material from which a DNA profile may be
			 extracted.
(11) "KSP" means the
			 Kentucky State Police.
(12) "KSP
			 Central Lab" means the Kentucky State Police Central Forensic
			 Laboratory.
(13) "Offender DNA
			 collection kit" means a package of materials obtained from the KSP Central Lab
			 for the purpose of collecting a DNA sample from a qualifying offender by finger
			 prick lancet or other biological sample for the purpose of obtaining a DNA
			 profile.
(14) "Qualifying offender"
			 means a person who has committed one (1) or more of the criminal or public
			 offenses enumerated in KRS 17.170.