Section 240 IAC 8-3-3 - Collection guidelinesAuthority: IC 10-11-2-10; IC 10-13-6-8; IC 10-13-6-10; IC 10-13-6-11
Affected: IC 10-13-6
Sec. 3.
(a) The following guidelines apply to the collection of blood samples for submission to the state police laboratory for the Indiana DNA data base: (1) Blood samples shall only be drawn from qualifying offenders for use as DNA samples.(2) A qualifying offender is not required to submit a blood sample if doing so would present a substantial and an unreasonable risk to the offender.(3) Blood samples shall be collected using vacutainer tubes containing EDTA preservative or by a finger stick procedure using stain cards.(4) After collection of the blood sample, a label approved by the state police laboratory shall be affixed to the blood sample container; this label shall be completed with required information, including the name and inmate number of the qualifying offender.(5) Information shall be recorded on a form approved by the state police laboratory to accompany each blood sample to include the following: (A) The qualifying offender's: (iii) inked right thumb print.(B) If the qualifying offender has no right thumb, then the inked print of another finger and a written notation identifying the finger used shall be recorded.(6) The blood sample of the qualifying offender shall be placed in a container approved by the state police laboratory.(7) An initialed integrity seal shall be placed across the lid of the approved container.(8) Blood samples may be refrigerated for up to seven (7) days before submission to the state police laboratory.(9) Blood samples shall be refrigerated until delivery to the state police laboratory.(b) When it is not possible to obtain a blood sample, the department of correction shall obtain an oral swab.(c) The following guidelines apply to the collection of oral swabs for submission to the state police laboratory for the Indiana DNA data base:(1) Oral swabs shall only be collected from qualifying offenders for use as DNA samples.(2) Oral swabs shall be collected using sterile cotton tipped applicators.(3) The following procedure shall be used to collect a sample with an oral swab:(A) Remove a sterile tipped applicator from its package.(B) Swab the inner surface of the cheek using a circular motion and complete fifteen (15) to twenty (20) circles.(C) Repeat the steps in clauses (A) and (B) with a second sterile tipped applicator.(D) Place the used swabs into two (2) separate envelopes approved by the state police laboratory for the collection of DNA samples by oral swabs and place the two (2) smaller envelopes into a larger envelope approved by the state police laboratory.(4) A label approved by the state police laboratory shall be affixed across the flap of the larger envelope; this label shall be completed with required information, including the name and inmate number of the qualifying offender.(5) Information shall be recorded on a form approved by the state police laboratory to accompany each oral swab sample to include the following:(A) The qualifying offender's:(iii) inked right thumb print.(B) If the qualifying offender has no right thumb, then the inked print of another finger and a written notation identifying the finger used shall be recorded.(6) Oral swab samples may be refrigerated for up to seven (7) days before submission to the state police laboratory.(7) Oral swab samples shall be refrigerated until delivery to the state police laboratory.State Police Department; 240 IAC 8-3-3; filed Apr 23, 1998, 9:25 a.m.: 21 IR 3334; readopted filed Oct 6, 2004, 5:10 p.m.: 28 IR 677; readopted filed Jul 23, 2010, 3:02 p.m.: 20100818-IR-240100362RFAReadopted filed 11/30/2016, 9:27 a.m.: 20161228-IR-240160432RFAReadopted filed 11/23/2022, 9:36 a.m.: 20221221-IR-240220286RFA