Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.3 - Definitions

Current through June 14, 2024
A. Wherever used in these Regulations, the
				  following terms shall be construed as follows:
1. "Act" means R.I. Gen. Laws Chapter 12-1.5,
				  entitled, "DNA Detection of Sexual and Violent Offenders."
2. "CODIS", derived from combined DNA index
				  system, means the Federal Bureau of Investigation's national DNA identification
				  index system that allows the storage and exchange of DNA records submitted by
				  state and local forensic DNA laboratories.
3. "Crimes of violence" means murder,
				  manslaughter, first degree arson, kidnapping with intent to extort, robbery,
				  larceny from the person, first degree sexual assault, second degree sexual
				  assault, first and second degree child molestation, assault with intent to
				  murder, assault with intent to rob, assault with intent to commit first degree
				  sexual assault, burglary, and entering a dwelling house with intent to commit
				  murder, robbery, sexual assault, or larceny.
4. "Department" means the Rhode Island
				  Department of Health.
5. "Director"
				  means the Director of the Rhode Island Department of Health.
6. "DNA" means deoxyribonucleic acid, which
				  is located in the cells of the body and provides an individual's personal
				  genetic blueprint. DNA encodes genetic information that is the basis of human
				  heredity and forensic identification.
7. "DNA record" means DNA identification
				  information only, which is stored in the State of Rhode Island DNA database or
				  the combined DNA index system for the purpose of generating investigative leads
				  or supporting statistical interpretation of DNA test results. 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 only in establishing the
				  identity of individuals. The DNA record, however, does not include the DNA
				  sample, and the DNA record may never include the results of tests of any
				  structural genes. 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.
8. "DNA sample"
				  means a blood or tissue sample provided by any person with respect to offenses
				  covered by the Act or submitted to the Department of Health Laboratory pursuant
				  to the Act for DNA analysis or storage, or both.
9. "DNA sample collection kit" means
				  materials designed for the collection, documentation, and security of DNA
				  samples.
10. "FBI" means the
				  Federal Bureau of Investigation.
11. "Laboratory" means the Rhode Island
				  Department of Health Laboratory.
12. "Secured" means limited and controlled
				  access only by authorized personnel including use of protection and safety
				  devices to safeguard any and all functions of that equipment or
				  facility.
13. "State of Rhode
				  Island DNA databank" means the repository of DNA samples collected under the
				  Act, which is administered by the Department.
14. "State of Rhode Island DNA database"
				  means the state-level DNA identification record system to support law
				  enforcement which is administered by the Department and which provides DNA
				  records to the FBI for storage and maintenance in CODIS. It is the collective
				  capability to store and maintain DNA records related to forensic casework, the
				  DNA records of those convicted offenders required to provide a DNA sample under
				  state law, and anonymous DNA records used for research, quality control, and
				  other DNA analysis support systems.