Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 58 - DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT › GENERAL STATEMENTS AND DEFINITIONS › Section 58.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this subpart,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-The DNA Detection of Sexual and
					 Violent Offenders Act (35 P. S. §§
											7651.101-7651.1102).
CODIS-Combined DNA Index System
-The FBI's
					 National DNA identification index system that allows the storage and exchange
					 of DNA records submitted by state and local forensic DNA laboratories under the
					 DNA Identification Act of 1994 (Pub. L. 103-322, Title XXI,
					 6210301, September 13, 1994, 108 Stat. 2069).
Commissioner
-The Commissioner of the State
					 Police.
Criminal justice agency
-A criminal justice
					 agency as defined in
					 18 Pa.C.S. §
											9102
					 (relating to definitions).
DNA-Deoxyribonucleic acid
-DNA is located
					 in the cells and provides an individual's personal genetic blueprint. DNA
					 encodes genetic information that is the basis of human heredity and forensic
					 identification.
DNA Databank
-The repository of DNA samples
					 obtained from offenders covered by the act.
DNA Database
-The CODIS computerized
					 collection of DNA profiles obtained from DNA samples.
Database lab
-The laboratory which
					 processes DNA samples to obtain a DNA profile on each sample.
DNA record-DNA identification information stored in
					 the SDIS or CODIS
-The DNA record is the result obtained from the DNA
					 typing tests. The DNA record is comprised of the characteristics of a DNA
					 sample which are of value in establishing the identity of individuals. The
					 results of all DNA identification tests on an individual's DNA sample are also
					 collectively referred to as the DNA profile of an individual.
DNA sample
-A blood or tissue sample
					 provided by any person with respect to offenses covered by the act or submitted
					 to the State Police Laboratory under the act for analysis or storage, or
					 both.
DOC
-The Department of Corrections.
EDTA
-Ethylene diamine tetracetic acid. An
					 anticoagulant/preservative chemical used to prevent clotting and to preserve
					 blood samples contained in blood collection tubes.
FBI
-Federal Bureau of
					 Investigation.
Felony sex offense
-A felony offense, or an
					 attempt, conspiracy or solicitation to commit a felony offense, under one or
					 more of the following:
(i) 18 Pa.C.S.
				  Chapter 31 (relating to sexual offenses).
(ii)
										18 Pa.C.S. §
											6312
				  (relating to sexual abuse of children).
Juvenile detention facility
-A resident
					 facility or shelter care program approved by the Department of Public Welfare
					 for the treatment of adjudicated juveniles under
					 42 Pa.C.S. §
											6327
					 (relating to place of detention).
Juvenile facility
-A facility licensed or
					 approved to receive an adjudicated delinquent for disposition under 42 Pa.C.S.
					 Chapter 63 (relating to juvenile matters).
LDIS-Local DNA Identification System
-A
					 system consisting of DNA profiles generated at a local law enforcement
					 laboratory.
NDIS-National DNA Identification System
-A
					 system operated by the FBI that is comprised of DNA profiles received from the
					 various SDIS.
Other specified offenses
-An offense, or an
					 attempt, conspiracy or solicitation to commit an offense, under one or more of
					 the following:
(i)
										18 Pa.C.S. §
											2502
				  (relating to murder).
(ii)
										18 Pa.C.S. §
											2709(c)(2)(ii) (relating to
				  harassment and stalking).
(iii)
										18 Pa.C.S. §
											3126
				  (relating to indecent assault).
Released
-Probation, parole, furlough, work
					 release, prerelease or release in any other manner from a prison, jail,
					 juvenile detention facility or any other place of confinement.
SDIS-State DNA Identification System
-An
					 individual state DNA profile system comprised of the DNA profiles of convicted
					 offenders and those indices described in NDIS.
SID-State Identification Number
-A unique
					 number assigned to each individual whose fingerprints are placed into the
					 Central Repository of the State Police. The SID is used to track individuals
					 for crimes which they commit, no matter how many subsequent fingerprint cards
					 are submitted.