New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.9 - HANDLING AND SECURITY OF SAMPLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. DNA records and samples are confidential
				and shall not be disclosed except as authorized by the DNA oversight committee
				and as governed by the DNA Identification Act.
B. All files, computer, and sample storage
				systems maintained by the administrative center pursuant to the DNA
				Identification Act shall be secured. Access shall be limited to employees of
				the administrative center as authorized by the head of the administrative
				center pursuant to and directed by the official functions and duties stated in
				Paragraph (1) of Subsection B of 29-16-4 NMSA 1978, and as provided by
				Subparagraph (e) of Paragraph (6) of Subsection B of 29-16-4 and Subsection C
				of 29-16-8 NMSA 1978 and to technical repair personnel as required to maintain
				the system as authorized by the head of the administrative center.
C. Both state and national database searches
				shall be performed via secured computer systems.
D. Any person who willfully discloses, seeks
				to obtain or use information from the DNA identification system for purposes
				not authorized in these rules and in violation of Section
				29-16-12 NMSA
				1978 shall be subject to the penalties thereof.
E. All samples received by the administrative
				center for DNA analysis shall be considered potentially bio-hazardous.
				Universal safety precaution procedures shall be followed when handling
				biological samples.
F. Samples
				shall be handled, examined, and processed one at a time to avoid possible
				cross-contamination from another sample or from the examiner.
G. All sample collection kits shall be
				received in a sealed condition. If the kit is not sealed upon receipt the
				sample shall be rejected and a request for a new sample shall be made by the
				head of the administrative center.
H. If the documentation or certification
				sections are not filled out, it shall be documented and the head of the
				administrative center shall be notified. The decision as to whether to accept
				the sample or request a new sample shall be made by the head of the
				administrative center.
I. Each
				sample shall receive a unique identifying NMDIS database number that does not
				include any personal identification information. The database number shall be
				placed on the sample collection kit and on the FTA card or its proximal
				container.
J. The FTA card shall be
				returned to its proximal container and placed into secured storage until
				processed for analysis.
K. Known,
				collected and non-analyzed, duplicate arrestee or covered offender samples and
				DNA collection kits may be destroyed at the discretion of the head of the
				administrative center, provided that:
(1) the
				kit duplication is confirmed and documented by fingerprint comparison between
				the original and duplicate kits;
(2) an image of the duplicate collection kit
				is retained; and
(3) the original,
				or other previously collected, DNA collection kit are maintained by the
				administrative center.