reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 1.00 - Disclosure Of Autopsy Reports › Section 1.08 - Disclosure of Autopsy Reports to Authority Compiling Statistical Data

Current through Register 1525, July 5, 2024
The Office may, in its discretion, provide a copy of the autopsy report or information contained therein to a requesting Authority Compiling Statistical Data if the following conditions are met:
(1) The authority compiling statistical data demonstrates in writing to the satisfaction of the Office that the information sought is relevant, material, and necessary for the complete and proper fulfillment of its federal or state or statutory requirements; and
(2) The authority compiling statistical data demonstrates that all publicly accessible reports containing Office data received pursuant to this regulation will contain only aggregate data and no individual names or other personally identifying information or information that could lead to the identification of an individual decedent, or other information that is protected by statute, regulation, or executive order, including but not limited to M.G.L. c. 214, § 1B, c. 66A, c. 93H, c. 93I, c. 4, § 7(26), 5 USC 552, and Massachusetts Executive Order 504, will be published or released.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 1.00 - Disclosure Of Autopsy Reports › Section 1.09 - Construction and Severability

Current through Register 1525, July 5, 2024
(1) Nothing in 505 CMR 1.08 shall be construed or interpreted to contravene or circumvent the provisions of M.G.L. c. 38, the Massachusetts Rules of Civil and Criminal Procedure pertaining to the rules of discovery, or any other Massachusetts statute.
(2) If any article, section, subsection, sentence, clause, or phrase of 505 CMR 1.00 is for any reason determined to be unconstitutional, contrary to statute, in excess of authority, or otherwise inoperative, such determination shall not affect the validity of any other article, section, subsection, sentence, clause, or phrase of 505 CMR 1.00.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 1.00 - Disclosure Of Autopsy Reports › Section 1.10 - Liability

Current through Register 1525, July 5, 2024
As provided in M.G.L. c. 38, § 2, neither the Chief Medical Examiner, nor any employee of the Office, shall be subject to civil or criminal liability for disclosing an autopsy report or any part thereof, pursuant to the regulations set forth in 505 CMR 1.00
et seq.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 2.00 - Release Of Unclaimed Or Unidentified Bodies › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 505 CMR 2.00 is to establish rules and regulations governing the release of unclaimed or unidentified bodies under the jurisdiction of the Office.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 2.00 - Release Of Unclaimed Or Unidentified Bodies › Section 2.02 - Statutory Authorization

Current through Register 1525, July 5, 2024
505 CMR 2.00 is promulgated pursuant to M.G.L. c. 38, § 13, providing for the release of unclaimed or unidentified bodies and M.G.L. c. 6, § 184, allowing the Commission on Medicolegal Investigation to promulgate regulations for the delivery of medicolegal services to the Commonwealth.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 2.00 - Release Of Unclaimed Or Unidentified Bodies › Section 2.03 - Definitions

Current through Register 1525, July 5, 2024
Chief
: Chief medical examiner or his designee.
Claimant
: The surviving spouse, next of kin, or friend legally entitled to receive the body of the deceased under M.G.L. c. 38, § 13.
Designated Institution
: an institution the Chief has determined meets the following qualifications:
(a) An educational institution offering an associate or bachelor degree related to funeral or mortuary services;
(b) Accredited by the American Board of Funeral Service Education;
(c) Provides supervision of at least one instructor licensed by the Board of Registration of Funeral Directors and Embalmers in Massachusetts; and
(d) Demonstrates a commitment to provide competent and dignified services to the deceased.
Disposition
: burial or cremation of a body.
Office
: the Office of the Chief Medical Examiner.
Unclaimed Body
: An identified body that has not been claimed by a claimant.
Unidentified Body
: A body that cannot be positively identified as being a particular person.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 2.00 - Release Of Unclaimed Or Unidentified Bodies › Section 2.04 - Release of an Unclaimed or Unidentified Body

Current through Register 1525, July 5, 2024
(1) The Chief may release any body in his or her possession, that remains unclaimed or unidentified, two weeks from the date of receipt of the body by the Office, to the Department of Transitional Assistance for burial in accordance with M.G.L. c. 38, § 13 and M.G.L. c. 117A, § 9.
(2) Prior to the release of an unclaimed body to the Department of Transitional Assistance, the Chief shall ensure that reasonable efforts have been made to locate and notify the next of kin of the deceased regarding the death and location of the deceased.
(3) Prior to the release of an unidentified body to the Department of Transitional Assistance, the Chief shall ensure that reasonable efforts have been undertaken to identify the body and shall ensure that the body has been thoroughly described and that identifying characteristics have been documented through charting, photography, fingerprinting, and dental examination. A sample from the body suitable for DNA analysis may be extracted from the body and stored by the Office.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 2.00 - Release Of Unclaimed Or Unidentified Bodies › Section 2.05 - Disposition of Claimed Bodies to Designated Institutions

Current through Register 1525, July 5, 2024
(1) The Chief may provide, to any claimant who wishes to claim the body of the deceased and is financially unable to do so, a list of designated institutions willing to provide disposition services at no fee. After the claimant has claimed the body, the designated institution may provide disposition services to the body.
(2) A designated institution may not provide cremation services without prior written approval from the claimant.
(3) If cremation is performed, the Chief may, at his or her discretion, where good cause is shown, waive the fee set forth in M.G.L. c. 38, § 14.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 2.00 - Release Of Unclaimed Or Unidentified Bodies › Section 2.06 - Severability Clause

Current through Register 1525, July 5, 2024
If any portion of 505 CMR 2.00 is for any reason determined to be unconstitutional, contrary to statute, in excess of authority, or otherwise inoperative, such determination shall not affect the validity of any other portion of 505 CMR 2.00.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 3.00 - Storage And Disposal Of Biological Material › Section 3.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
505 CMR 3.00 is intended to establish the standard for storage and disposal of biological material held by the Office after disposition of the body. 505 CMR 3.00 is adopted pursuant to the authority of the Commission on Medicolegal Investigation under M.G.L. c. 6, § 184, for the delivery of medicolegal services to the Commonwealth.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 3.00 - Storage And Disposal Of Biological Material › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
Biological Material
: a specimen containing tissue, either in fluid or non-fluid form, extracted from a body in the possession of the Office. Biological material includes, but is not limited to, blood and tissue.
Blood
: the fluid tissue circulating through the heart, arteries, capillaries, and veins, carrying nutriment and oxygen to body cells. A blood sample may consist of the liquid portion, the cellular elements, or both.
Extract
: to remove from the body.
Fluid
: any liquid of the body.
Office
: the Office of the Chief Medical Examiner.
Sample
: a representative portion of an organ or body part.
Tissue
: a group of similarly specialized cells, in fluid or non-fluid form, including but not limited to whole organs and representative samples thereof stored as small samples within a stock bottle containing formalin.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 3.00 - Storage And Disposal Of Biological Material › Section 3.03 - Release of Biological Material

Current through Register 1525, July 5, 2024
Biological material samples may be extracted at the discretion of the Office. The individual claiming the body, pursuant to M.G.L. c. 38, § 13, may request in writing the release of biological material. Upon receipt of request and except as provided in 505 CMR 3.03, the Office shall return said biological material to the individual claiming the body upon completion of its investigation. In a case of an unnatural or suspicious death where the district attorney or his or her law enforcement representative is or has been directing or is or has been controlling the investigation of the death pursuant to M.G.L. c. 38, § 4, no biological material shall be released unless the district attorney or his or her law enforcement representative has determined, in his or her discretion, and has stated in writing that he or she does not object to the release of biological material to the individual claiming the body.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 3.00 - Storage And Disposal Of Biological Material › Section 3.04 - Storage of Biological Material

Current through Register 1525, July 5, 2024
In cases where biological material has not been released pursuant to 505 CMR 3.03, biological material shall be stored as follows:
(1) Blood and other fluid samples shall be stored for a minimum of 90 days.
(2) Non-fluid tissue samples shall be stored for a minimum of three years.
(3) Other tissue, including whole organs or body parts, shall be stored for a minimum of 30 days.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 3.00 - Storage And Disposal Of Biological Material › Section 3.05 - Disposal of Biological Material

Current through Register 1525, July 5, 2024
In cases where no request for the release of biological material has been received within the time periods set forth in 505 CMR 3.04, biological material may be disposed of at the discretion of the Office. However, disposal of biological materials shall be postponed pursuant to a court order or at the request of the district attorney or his or her law enforcement representative.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 3.00 - Storage And Disposal Of Biological Material › Section 3.06 - Severability Clause

Current through Register 1525, July 5, 2024
If any portion of 505 CMR 3.00 is for any reason determined to be unconstitutional, contrary to statute, in excess of authority, or otherwise inoperative, such determination shall not affect the validity of any other portion of 505 CMR 3.00.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 4.00 - Cremation Fees › Section 4.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
The purpose of
						505 CMR
						4.00 is to establish the process and fee schedule for
						the viewing of any decedent whose body is intended for cremation or burial at
						sea.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 4.00 - Cremation Fees › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
						505 CMR
						4.00:
District Medical Examiner
. A physician
						who provides services under contract with the Office of the Chief Medical
						Examiner.
Forensic Investigator
. A medical
						professional including a physician or nurse who provides services under
						contract with the Office of the Chief Medical Examiner.
Medical Examiner
. A physician employed
						by the Office of the Chief Medical Examiner.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 4.00 - Cremation Fees › Section 4.03 - Fee Assessed for Cremation or Burial at Sea Views

Current through Register 1525, July 5, 2024
(1) A
					medical examiner, district medical examiner or forensic investigator designated
					by the chief medical examiner shall view a decedent intended for cremation or
					burial at sea and shall make a personal inquiry into the cause and manner of
					death.
(2) A cremation or burial at
					sea shall only be authorized upon a determination by a medical examiner,
					district medical examiner or forensic investigator that no further examination
					or judicial inquiry is required.
(3) The person with the proper legal
					authority to receive the decedent including surviving spouse, next of kin or
					friend as set forth in M.G.L. c. 38, § 13 either directly or through his
					authorized representative including, but not limited to, funeral director,
					shall pay a fee of $200 as set by the Secretary of Public Safety pursuant to
					M.G.L. c. 38, § 14 for said service. The fee shall be made payable to the
					Commonwealth of Massachusetts and shall be submitted in the form as prescribed
					by the Office of the Chief Medical Examiner.
(4) The Office of the Chief Medical Examiner,
					subject to legislative authorization, may retain a portion of said fees for the
					purpose of supporting the agency mission of providing comprehensive medicolegal
					investigative services.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 4.00 - Cremation Fees › Section 4.04 - Payment of Fees to District Medical Examiners and Forensic Investigators

Current through Register 1525, July 5, 2024
(1) The Office of
					the Chief Medical Examiner may establish contracts with district medical
					examiners or forensic investigators for the purpose of conducting views of
					decedents intended for cremation or burial at sea.
(2) The district medical examiner or forensic
					investigator shall conduct the inquiry set forth in
					505 CMR
					4.03(1) and (2).
(3) The district medical examiner or forensic
					investigator shall submit documentation regarding the inquiry and view of
					decedents intended for cremation or burial at sea as specified by the Office of
					the Chief Medical Examiner.
(4)
					Upon receipt of satisfactory documentation the Office of the Chief Medical
					Examiner shall compensate the district medical examiner or forensic
					investigator at a rate of $50 as set by the Secretary of Public Safety pursuant
					to M.G.L. c. 38, § 14 for each completed examination.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 4.00 - Cremation Fees › Section 4.05 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
						of
						505 CMR
						4.00 is for any reason determined to be
						unconstitutional, contrary to statute, in excess of authority, or otherwise
						inoperative, such determination shall not affect the validity of any other
						article, section, subsection, sentence, clause or phrase of
						505 CMR
						4.00
Code of Massachusetts Regulations › 510 CMR - OFFICE OF THE ADJUTANT GENERAL › Title 510 CMR 2.00 - Drill Or Parade With Firearms Or Harmless Imitations Thereof › Section 2.02 - Rules

Current through Register 1525, July 5, 2024
(1) Bodies of citizens of the United States, resident in Massachusetts, desiring to drill or parade with firearms or harmless imitations thereof must obtain prior written approval from the Adjutant General of Massachusetts. This approval, unless otherwise stated, will for a period of three years. Requests for this approval must be submitted in writing to the Adjutant General of Massachusetts and must include the following:
(a) A certificate executed by the unit commander that all members of the unit who will drill or parade with firearms or harmless imitations thereof are cognizant of and will comply with 527 CMR 1.00:
Massachusetts Comprehensive Fire Safety Code;
Section 12.8.39:
Explosives, Fireworks and Model Rocketry,
and 510 CMR 2.00, that all members of the unit who will drill or parade with firearms or harmless imitations thereof have received adequate safety instruction and training in the type of weapons and explosives they will carry and that no member will be permitted to carry weapons or explosives unless he is so cognizant and has received such training.
(b) The names, addresses, and telephone numbers of the unit commander, second in command, and Safety Officer.
(c) A copy of the city or town proclamation, resolution, or other document, if any, sanctioning the unit.
(d) A list of the types of weapons and number (not serial or manufacturers number) of each possessed by the unit, or possessed by unit members for use with the unit, to include weapons planned to be obtained by the unit or by unit members for use with the unit.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 1.00 - Collection, Submission, Receipt, Identification, Storage, And Disposal Of Dna Samples › Section 1.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
515 CMR 1.00 establishes rules and regulations governing the collection, submission, receipt, identification, storage and disposal of DNA samples for the state DNA database established in M.G.L. c. 22E, § 2, and is applicable to all DNA samples collected pursuant to M.G.L. c. 22E, § 3. The purpose of 515 CMR 1.00 is the promotion of uniformity and effective forensic science in the collection, submission, receipt, identification, storage and disposal of DNA samples.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 1.00 - Collection, Submission, Receipt, Identification, Storage, And Disposal Of Dna Samples › Section 1.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 515 CMR 1.00:
CODIS
means the Combined DNA Index System. The Federal Bureau of Investigation's national identification index system which facilitates the storage and exchange of DNA records submitted by state and local criminal justice and law enforcement agencies.
Court
means any district court or superior court of the Commonwealth.
Crime Laboratory
means the Massachusetts State Police Crime Laboratory, also known as the Forensic Services Group, of the Department of State Police.
Database Information Card
means a record of biographical information associated by the DNA sample of an offender.
Department
means the Department of State Police.
Director
means the Director of the Crime Laboratory within the Department of State Police.
DNA
means deoxyribonucleic acid.
DNA Database
means the State DNA Database as established in M.G.L. c. 22E.
DNA Database Collection Kit
or
DNA Kit
means the kit provided by the Department for the collection of DNA samples.
DNA Record
means DNA information that is derived from a DNA sample and DNA analysis and is stored in the state DNA database or in CODIS, including all records pertaining to DNA analysis.
DNA Sample
means biological material or evidence of any nature that is utilized to conduct DNA analysis.
DOC
means the Department of Correction.
FBI
means the Federal Bureau of Investigation within the United States Department of Justice.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 1.00 - Collection, Submission, Receipt, Identification, Storage, And Disposal Of Dna Samples › Section 1.03 - Collection and Submission of DNA Samples

Current through Register 1525, July 5, 2024
(1)
Collection.
(a) Offenders required to submit a DNA sample to the Department under M.G.L. c. 22E, § 3 or other applicable law must do so.
(b) Only those listed in M.G.L. c. 22E, § 4(a) or individuals approved and trained by the Director or his or her designee may collect DNA samples from offenders.
1. The Director, or his or her designee, shall conduct training of persons, including but not limited to police officers, probation officers, parole officers, employees of the Department of Corrections, and employees of sheriffs on the collection of DNA samples, including buccal swabs. Upon satisfactory completion of the training, the Director may approve such persons to collect DNA samples, including buccal swabs and shall provide DNA Database Collection Kits to such persons.
2. To collect a sample, such individuals must use a DNA Database Collection Kit and employ medical procedures approved by the Director.
(c) The Crime Laboratory may seek an additional sample from the offender in the event that the testing of the original sample does not result in a profile. The Crime Laboratory may not seek more than four samples from a single offender in a 12-month period.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 1.00 - Collection, Submission, Receipt, Identification, Storage, And Disposal Of Dna Samples › Section 1.04 - Receipt, Identification and Storage of DNA Samples

Current through Register 1525, July 5, 2024
(1)
Receipt
. Upon receipt and inventory of a DNA Database Collection Kit, the Crime Laboratory will process the kit according to 515 CMR 1.04, 515 CMR 2.00:
Testing and Analysis, Quality Assurance, Computerized Storage, Retrieval, and Dissemination for the State DNA Database,
and Crime Laboratory protocols.
(2) The Crime Laboratory shall:
(a) Ensure that the DNA sample, fingerprint, and all associated offender information is obtained from the same individual.
(b) Assign to each offender's DNA sample a unique identification number associated with the DNA Database Collection Kit used to obtain the DNA sample.
(c) Implement protocols to maintain the integrity of the DNA sample, fingerprint, and associated identifying information.
(d) Use associated offender information when identifying the individual.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 1.00 - Collection, Submission, Receipt, Identification, Storage, And Disposal Of Dna Samples › Section 1.05 - Disposal of DNA Samples

Current through Register 1525, July 5, 2024
Except as provided in 515 CMR 1.05, the Crime Laboratory shall
				store DNA samples and DNA database information cards permanently in a secure
				storage area.
(1)
Expungement
. Upon receipt of a court order pursuant to
			 M.G.L. c. 22E, § 15, with respect to a subject whose DNA record resides in
			 the DNA Database, such record may be expunged in accordance with M.G.L. c. 22E,
			 § 15. Upon receipt of a court order for expungement, the Crime Laboratory
			 shall verify whether it possesses a DNA sample from an individual with personal
			 identifying data that corresponds with information provided in the court order.
(a) If no record is found, or if there is any
			 discrepancy in the information submitted by the subject or his or her
			 representative in the request, the Crime Laboratory shall notify the subject in
			 writing within 30 days, setting forth reasons why documents were not returned
			 and requesting additional information, if appropriate, by certified or
			 registered mail, return receipt requested.
(b) If a record is found for the identified
			 subject in the DNA Database and no discrepancies are identified in the
			 information submitted by the subject or his or her representative, the Crime
			 Laboratory shall determine the location of all documents related to the
			 subject's DNA record. The Crime Laboratory shall, within 30 days of the
			 notification of the court order, communicate to the subject in writing the list
			 of documents identified in this search, by certified or registered mail, return
			 receipt requested. In this same letter, the Crime Laboratory shall define for
			 the subject the expected time needed to obtain all documents to be returned to
			 the subject. The time to obtain and return these records to the subject shall
			 not exceed 120 days from the date of notification of the court order for
			 expungement unless exigent circumstances exist.
Upon determining the existence of any DNA record(s), the Crime
				Laboratory shall obtain all documents related to the subject's DNA record. The
				Crime Laboratory shall forward to the subject such documents using return
				receipt requested mail, and maintain a record of the expungement. The Crime
				Laboratory shall also remove information in CODIS pertaining to the
				subject.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 1.00 - Collection, Submission, Receipt, Identification, Storage, And Disposal Of Dna Samples › Section 1.06 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase of 515 CMR 1.00 is for any reason determined to be unconstitutional, contrary to statute, in excess of authority, or otherwise inoperative, such determination shall not affect the validity of any other article, section, subsection, sentence, clause or phrase of 515 CMR 1.00.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 2.00 - Testing And Analysis, Quality Assurance, Computerized Storage, Retrieval, And Dissemination For The Dna Database › Section 2.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
515 CMR 2.00 governs the testing and analysis , quality assurance, computerized storage, retrieval, and dissemination of information contained in the State DNA Database established in M.G.L. c. 22E, § 2. It applies to all DNA samples collected as forensic evidence and from convicted offenders pursuant to M.G.L. c. 22E, § 3. The purpose of 515 CMR 2.00 is the promotion of uniformity, confidentiality, and effective forensic science for the State DNA Database.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 2.00 - Testing And Analysis, Quality Assurance, Computerized Storage, Retrieval, And Dissemination For The Dna Database › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				515 CMR 2.00:
CODIS
means the Combined DNA Index
				System. The Federal Bureau of Investigation's national identification index
				system which facilitates the storage and exchange of DNA records submitted by
				state and local criminal justice and law enforcement agencies.
CODIS Supervisor
means an employee of
				the Department responsible for maintaining the State DNA Database, fulfilling
				technical requirements of CODIS, and assuring proper operation of the computer
				software or hardware on which the DNA Database resides.
Convicted Offender Index
means the
				electronic database containing DNA profiles generated from Massachusetts
				offenders convicted of one of the crimes described in M.G.L. c. 22E, § 3,
				stored in the State DNA Index System (SDIS).
Crime Laboratory
means the
				Massachusetts State Police Crime Laboratory, also known as the Forensic
				Services group of the Department of State Police.
Department
means the Department of
				State Police.
Director
means the Director of the
				Crime Laboratory within the Department of State Police.
DNA
means deoxyribonucleic
				acid.
DNA Analysis
means DNA typing tests
				that generate numerical identification information and are obtained from a DNA
				sample.
DNA Database
means the State DNA
				Database as established in M.G.L. c. 22, § E
DNA Profile
means the set of
				identification characteristics or numerical representation at each of the
				locations of the DNA sample analyzed.
DNA Record
means DNA information that
				is derived from a DNA sample and DNA analysis and is stored in the state DNA
				database or in CODIS, including all records pertaining to DNA analysis.
DNA Sample
means biological material
				or evidence of any nature that is utilized to conduct DNA analysis.
FBI
means Federal Bureau of
				Investigation within the United States Department of Justice.
Forensic Index
means the electronic
				database of casework evidence DNA profiles generated from analysis of DNA
				samples from crime scenes.
Index Offense
means the offense for
				which an offender is required to submit a DNA sample under Massachusetts or
				federal law.
NDIS
means the National DNA Index
				System, the part of CODIS containing the DNA profiles contributed by federal,
				state, and local participating forensic laboratories.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 2.00 - Testing And Analysis, Quality Assurance, Computerized Storage, Retrieval, And Dissemination For The Dna Database › Section 2.03 - Testing and Analysis of DNA Samples

Current through Register 1525, July 5, 2024
The Crime Laboratory shall test and analyze DNA samples in accordance with the Director's protocol, to generate a DNA profile for inclusion in the State DNA Database.
(1)
Forensic DNA Profiles
. DNA profiles generated by testing of biological casework evidence related to a crime scene may be added to the Forensic Index of the DNA Database in accordance with Crime Laboratory policies.
(2)
Convicted Offender DNA Profiles
. DNA profiles generated by testing of DNA samples submitted by convicted offenders in accordance with M.G.L. c. 22E, § 3 shall be added to the Convicted Offender Index of the DNA Database.
(3)
Other DNA Profiles
. Other DNA profiles, such as those generated from analyses of DNA recovered from unidentified human remains, may be added to the DNA Database per the Crime Laboratories policies as determined by the Director.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 2.00 - Testing And Analysis, Quality Assurance, Computerized Storage, Retrieval, And Dissemination For The Dna Database › Section 2.04 - Quality Assurance

Current through Register 1525, July 5, 2024
The Crime Laboratory will comply with FBI quality assurance standards and maintain appropriate accreditation.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 2.00 - Testing And Analysis, Quality Assurance, Computerized Storage, Retrieval, And Dissemination For The Dna Database › Section 2.05 - Computerized Storage and Retrieval of Information

Current through Register 1525, July 5, 2024
(1)
Access Security
. The Crime Laboratory shall store information pertaining to the State DNA Database in a secure, limited-access computer system. Only those authorized by the Director may access the computer system.
(2)
CODIS Compliance
. The computer system of the Crime Laboratory shall allow participation in the federal CODIS program.
(3)
Mutual Exchange
. The Crime Laboratory may engage in the exchange, use, and storage of DNA Records with CODIS provided that:
(a) The Director determines that such exchange, use, and storage of DNA Records is consistent with Massachusetts law; and
(b) A memorandum of understanding (MOU) has been executed between the Department and the FBI.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 2.00 - Testing And Analysis, Quality Assurance, Computerized Storage, Retrieval, And Dissemination For The Dna Database › Section 2.06 - Right of Subjects to Access and Review Records

Current through Register 1525, July 5, 2024
(1)
Subject Request for Access
. The Director will review all requests for access to and review of records relating to a subject of the DNA Database, by such subject, on a case-by-case basis. In reviewing and responding to the request, the following steps shall be followed:
(a) The subject must make the request in writing and include the following information:
1. Subject's name and any aliases;
2. Subject's date of birth, social security number, sex, and race;
3. Subject's current address and phone number;
4. Index offense;
5. Date of conviction for the index offense;
6. Court of jurisdiction in which the subject was convicted of the index offense;
7. Subject's right thumbprint, of sufficient clarity to allow for processing in the Automated Fingerprint Identification System;
8. Passport-sized color photograph taken within the past 12 months.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 2.00 - Testing And Analysis, Quality Assurance, Computerized Storage, Retrieval, And Dissemination For The Dna Database › Section 2.07 - Use and Dissemination Agreements

Current through Register 1525, July 5, 2024
(1)
Authorized Agencies
. Access to the DNA Database, shall be granted to an agency authorized to have such access, pursuant only to a written use and dissemination agreement. As long as consistent with 42 U.S.C. § 14132, stored DNA samples and DNA analyses can be disclosed only:
(a) to criminal justice agencies for law enforcement identification purposes, which shall include (at the discretion of the Director) to assist the identification of human remains from mass disasters or to identify whether such remains are from those of a missing person, upon written or electronic request to the Director;
(b) in judicial proceedings, if otherwise admissible by applicable statutes or rules;
(c) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; and
(d) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes:
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 2.00 - Testing And Analysis, Quality Assurance, Computerized Storage, Retrieval, And Dissemination For The Dna Database › Section 2.08 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase of 515 CMR 2.00 is for any reason determined to be unconstitutional, contrary to statute, in excess of authority, or otherwise inoperative, such determination shall not affect the validity of any other article, section, subsection, sentence, clause or phrase of 515 CMR 2.00.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 3.00 - Firearms Course and Instructors Certifications and Firearms Surrender Program › Section 3.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 515 CMR 3.00 is to provide rules and regulations governing basic firearms safety instructor and course certifications required by M.G.L. c. 140, § 131P and the implementation of a statewide firearms surrender program required by M.G.L. c. 140, § 131O.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 3.00 - Firearms Course and Instructors Certifications and Firearms Surrender Program › Section 3.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
The Colonel of the Massachusetts Department of State Police adopts 515 CMR 3.00 under the authority of M.G.L. c. 140, §§ 131O and 131P, to establish rules and regulations as described in M.G.L. c. 140, §§ 131O and 131P. 515 CMR 3.00 is not applicable to OLE firearms safety courses exempted under M.G.L. c. 140, § 131P.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 3.00 - Firearms Course and Instructors Certifications and Firearms Surrender Program › Section 3.03 - Definitions

Current through Register 1525, July 5, 2024
BFS
. Basic Firearms Safety.
BFS Certificate
. Basic Firearms Safety Course Completion Certificate issued pursuant to 515 CMR 3.05(7).
Colonel
. The Colonel of the Massachusetts Department of State Police or his or her designee.
FID Card
. Firearms Identification Card.
LEAPS
. Law Enforcement Agency Processing System/Criminal Justice Information System.
LTC
. License to Carry Firearms which shall include both Class A and Class B licenses.
MPTC
. Municipal Police Training Council.
NCIC
. The federal National Criminal Information Center.
NRA
. National Rifle Association.
OLE
. Office of Law Enforcement within the Executive Office of Energy and Environmental Affairs (Environmental Police).
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 3.00 - Firearms Course and Instructors Certifications and Firearms Surrender Program › Section 3.04 - Firearms Safety Instructors Certification

Current through Register 1525, July 5, 2024
(1)
Requirements
. For certification as a firearms safety instructor, a person shall be properly licensed with a FID card or LTC as required by law, and may only offer instructions on those firearms for which he or she is licensed. In addition BFS instructors shall provide documentation to verify status as at least one of the following:
(a) a firearms instructor of the NRA, or other nationally recognized organization that teaches firearms safety, or a firearms instructor certified by such organization;
(b) a federal, state or municipal law enforcement firearms instructor;
(c) a United States military firearms instructor;
(d) an OLE basic hunter education instructor;
(e) a firearms instructor of the MPTC, or a firearms instructor certified by the MPTC;
(f) a firearms instructor of a firearms manufacturer or its academy, or a firearms instructor certified by such academy; or
(g) any other person, in the discretion of the Colonel, competent to give instruction in a BFS course, which may include any person who operates a firearms safety course or program as described in M.G.L. c. 140, § 131P(b).
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 3.00 - Firearms Course and Instructors Certifications and Firearms Surrender Program › Section 3.05 - Basic Firearms Safety Course Curriculum Approval Certification

Current through Register 1525, July 5, 2024
(1)
Applicability
.
(a) Any person lawfully licensed with a FID card on June 1, 1998 shall not be required to complete the statutorily required BFS course or submit a BFS certificate for:
1. subsequent FID card renewals; or
2. subsequent LTC licensure and renewals.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 3.00 - Firearms Course and Instructors Certifications and Firearms Surrender Program › Section 3.06 - Firearms Surrender Program

Current through Register 1525, July 5, 2024
(1)
Date/Time/Location
. Persons turning in a firearm(s) shall notify their local law enforcement department or the Department of State Police, in writing or by telephone, informing the department of their desire to surrender a firearm(s). Such persons shall make arrangements with the department regarding date, time, locations, manner, and officer who shall be receiving the firearm(s).
(2)
Firearms Submitted for Disposal
. The State Police Firearms Identification Section shall receive firearms, turned in from a Firearms Surrender Program, for disposal from any law enforcement department in the state. The firearms shall be accompanied by an official department request as set forth in 515 CMR 3.06(3) and (4) and submitted as follows:
(a) A copy of the request shall accompany the firearms to serve as a temporary receipt pending the final verification.
(b) Prior to submission each firearm shall be tagged to correspond to the item number listed on the request.
(c) No more than 25 firearms shall be submitted at any one time, unless by approval of the State Police Firearms Identification Section.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 3.00 - Firearms Course and Instructors Certifications and Firearms Surrender Program › Section 3.07 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase of 515 CMR 3.00 is for any reason determined to be unconstitutional, contrary to statute, in excess of authority, or otherwise inoperative, such determination shall not affect the validity of any other article, section, subsection, sentence, clause or phrase of 515 CMR 3.00.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 4.00 - Indemnification for Certain Legal Fees › Section 4.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Scope
. The procedures and standards set forth in 515 CMR 4.00 shall apply to indemnification by the Commonwealth of public safety employees for private legal fees arising out of any claim, action, award, compromise or settlement, or judgment resulting from any alleged intentional tort or alleged violation of the civil rights of any person to which the provisions of M.G.L. c. 258, § 9A apply.
(2)
Authority
. 515 CMR 4.00 is jointly promulgated by the Executive Office for Administration and Finance and by the Department of State Police, pursuant to M.G.L. c. 7, § 4 and c. 22C § 3.
(3)
Definitions
.
Public Safety Employee
. A member of the state police or a state employee represented by state bargaining unit five.
Public Safety Employee's Employer
. The state agency for which he or she works.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 4.00 - Indemnification for Certain Legal Fees › Section 4.02 - Procedures and Standards

Current through Register 1525, July 5, 2024
(1) The public safety employee shall give written notification to his or her employer, at the outset, that he or she has been sued and intends to retain private counsel.
(2) No claim for indemnification of private legal fees and costs shall be approved unless the employer agency has determined that those fees and costs are reasonable and necessary.
(3) Maximum hourly rates for private defense attorneys shall be set at the standard hourly rates which the Attorney General pays to Special Assistant Attorneys General.
(4) No settlement of the underlying tort or civil rights litigation shall be entered into without the employer agency's prior written approval.
(5) As a general rule, the payment of private legal fees and litigation costs shall be made only at the conclusion of the underlying tort or civil rights litigation, at which time the appropriateness of indemnification can be determined. However, an exception to 515 CMR 4.02(5) may be made where delay has occurred in disposing of the underlying case. In such case, the public safety employee may request in writing that the employer pay his or her interim legal fees prior to final disposition of that case.
(a) When making such a request the public safety employee shall agree in writing to reimburse the public employer for all interim legal fees which are disbursed on behalf of the employee during the course of the litigation if, after final disposition of the underlying action, the employer determines that indemnification is inappropriate because it finds that the employee acted beyond the scope of his or her official duties, or in a willful, wanton or malicious manner.
(b) The decision to pay interim legal fees shall be discretionary with the employer. Requests shall be considered on a case-by-case basis, but shall not be denied unreasonably. Special consideration will be given to cases more than 18 months old and to cases on appeal after final judgment in the trial court.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 5.00 - Standards of Skill for Special State Police Officers › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
515 CMR 5.00 ensures proper standards of skill for special state police officers pursuant to the terms and provisions of M.G.L. c. 22C, § 69.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 5.00 - Standards of Skill for Special State Police Officers › Section 5.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
515 CMR 5.00 is adopted by the Department of State Police under the authority of M.G.L. c. 22C, § 69 and St. 1991, c. 412 to ensure proper standards of skill for special state police officers licensed by the Colonel of the Department of State Police under the provisions of M.G.L. c. 22C, §§ 56 through 68.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 5.00 - Standards of Skill for Special State Police Officers › Section 5.03 - Definitions

Current through Register 1525, July 5, 2024
Agency
. Any institution, department, agency, society, authority, college, university, hospital, or corporation which is authorized pursuant to M.G.L. c. 22C, §§ 56 through 68, to request or petition the Colonel to appoint certain employees of such agency as special state police officers.
Colonel
. The Colonel of the Department of State Police.
Department
. The Department of State Police, a department within the Executive Office of Public Safety, as created by St. 1991, c. 412.
Qualified Officer of Agency
. A person designated by an agency to act as chief or director of the special state police officers of said agency.
Special State Police Officers
. Any person employed by an agency and duly appointed by the Colonel as a special state police officer in accordance with M.G.L. c. 22C, §§ 56 through 68.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 5.00 - Standards of Skill for Special State Police Officers › Section 5.04 - General Standards for Appointment

Current through Register 1525, July 5, 2024
(1)
Applicant
. Must not be younger than 19 years old, a United States citizen, and an employee of an agency described in M.G.L. c. 22C, §§ 56 through 68.
(2)
Fingerprinting
. The requesting agency shall submit with the application form referenced in 515 CMR 5.04(5) two fingerprint cards for each applicant, of the type currently in use by the Department's Identification Section.
(3)
References
. Each applicant shall submit reference letters from three citizens of the United States who have known the applicant for at least three years preceding the date of application. The letters shall include statements relative to the applicant's character and his/her appointment suitability.
(4)
Application Form
.
(a) A standard Department application form shall be completed by each applicant, notarized, endorsed by the qualified officer of the requesting agency, and forwarded to the Department.
(b) The form shall contain a disclaimer whereby the agency agrees to indemnify and hold harmless the Colonel and/or the Department against any and all damages and liability resulting from or in consequence of the negligent or wrongful act or omission of the applicant while acting within the scope of his or her office, employment or commission.
Code of Massachusetts Regulations › 515 CMR - DEPARTMENT OF STATE POLICE › Title 515 CMR 5.00 - Standards of Skill for Special State Police Officers › Section 5.05 - Training Standards for Special State Police Officers

Current through Register 1525, July 5, 2024
(1) On or after July 1, 1994, all applicants for appointment to the position of special state police officer shall successfully complete a recruit training instruction program. Prior to admission into the recruit training instruction program, all applicants shall be required to pass reasonable medical/physical fitness standards as approved by the Colonel.
(2) Programs of recruit training instruction approved by the Municipal Police Training Council, other governmental body, or recognized professional association of a group of agencies or institutions, may be submitted to the Colonel for acceptance and approval in lieu of requirements of 515 CMR 5.05(1). All determinations of equivalency as made by the Colonel shall be final.
(3) The core curriculum of all programs of recruit training instruction referred to in 515 CMR 5.05(1) and (2) shall consist of a minimum of 300 hours of training.