La. Admin. Code tit. 55 § I-2703

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-2703 - Collection, Submission, and Identification of DNA Samples for Convicted Offenders

A. All DNA samples obtained for DNA analysis from a convicted offender shall be collected using an approved Louisiana State Police Crime Laboratory DNA database collection kit. Procedures are specific to the type of sample being collected. A different kit is used for blood collection and buccal collection.

1. Each DNA database collection kit shall contain all necessary materials for collection and for proper identification of the offender.

2. Each kit shall be numbered sequentially from one kit to the next so that each number shall serve as a unique identifier. Kit components shall have the same number.

3. All DNA samples shall be collected by individuals trained and approved to serve as collectors by the Louisiana State Police Crime Laboratory.

4. The collector may utilize an AFIS printout (livescan generated), which contains the identifying information of the convicted offender when obtaining a sample.

5. In the event that a manual collection is completed (non-livescan process), the collector shall complete the DDIC which contains the identifying information of the collected offender when obtaining a sample. All information shall be provided. Printed name, date and signature of the person collecting the sample are required. A fingerprint is obtained as positive identification of the offender Samples submitted with incomplete information may require recollection.

6. Biological samples shall be obtained according to the instructions contained in the kit.

7. The specimen envelope containing the biological sample and the DDIC or AFIS printout shall be placed in the mailing envelope provided. The mailing envelope flap shall be sealed.

8. If a blood collection kit is used, finger stick blood samples shall be obtained using recognized and approved medical procedures.

9. In the event a convicted offender resists the taking of the DNA sample and the collector may use reasonable force in accordance with R.S. 15:601-620, the collector may collect any type of biological sample approved by the Louisiana State Police crime laboratory The following types of biological sample collections are hereby approved for these instances:

i. blood stain from finger prick on FTA card;

ii. buccal swab;

iii. phlebotomy draw.

La. Admin. Code tit. 55, § I-2703

Promulgated by the Department of Public Safety and Corrections, Office of State Police, LR 27:206 (February 2001), repromulgated LR 27:1702 (October 2001), amended LR 30:271 (February 2004), LR 37:1418 (May 2011), Amended LR 4497 (1/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:611.