N.J. Admin. Code § 13:81-4.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:81-4.2 - Use of and access to DNA databank and database

(a) Except insofar as the use of the results of testing would jeopardize or result in the loss of Federal funding, the DNA profiles shall be used for only the following purposes:

1. For law enforcement identification;

2. For development of a population database;

3. To support identification research and protocol development of forensic DNA analysis methods;

4. To assist in the recovery or identification of human remains from mass disasters or for other humanitarian purposes;

5. For research, administrative and quality control purposes;

6. For judicial proceedings, by order of the court, if otherwise admissible pursuant to applicable statutes or rules;

7. For criminal defense purposes, on behalf of a defendant, who shall have access to relevant samples and analyses preformed in connection with the case in which the defendant is charged; and

8. For such other purposes as may be required under Federal law as a condition for obtaining Federal funding.

(b) Access shall be afforded to the DNA database and databank only in the following circumstances:

1. For purposes delineated in (a) above, the CODIS administrator and personnel authorized by the CODIS administrator shall have access to the DNA database and databank;

2. When a law enforcement agency requests a search of the DNA database, a request form shall be completed and be accompanied by a brief correspondence describing the request. This correspondence shall be completed on the agency's letterhead and addressed to the CODIS administrator of the Laboratory. The CODIS administrator or persons authorized by the CODIS administrator shall approve the request only if satisfied from the correspondence or further inquiry that the identity and authority of the requesting agency is verified, the searched profile meets all Office of Forensic Sciences Quality Assurance criteria, and the request fulfills the criteria established by NDIS for searches of CODIS data;

3. When, pursuant to N.J.S.A. 53:1-20.21(f), a party to a judicial proceeding under (a)6 above seeks access to information otherwise admissible pursuant to applicable statutes or rules, the party shall move before the court for an order granting access by motion, the service of which upon the CCU shall afford the CCU timely notice and an opportunity to respond and appear. No access shall be granted without court order; or

4. Any other person or agency requesting access to the DNA database shall apply to the CCU, Division of Criminal Justice, P.O. Box 085, Trenton, New Jersey 08625 and shall include identifying information and a brief correspondence describing the request. The CCU shall review the application and, in its discretion, may demand additional information relevant to the request. The CCU shall make a recommendation to be utilized by any court for which access is sought as to whether the request should be approved in whole or in part or disapproved. The requester may then make an application to any court of competent jurisdiction that shall include the recommendation, with service upon the CCU, which will be afforded the opportunity to respond and appear at the court's consideration of the application. In considering the application, the court will give appropriate deference to the Unit's recommendation. No access shall be granted without court order.

(c) Notwithstanding (a) and (b) above, the Laboratory may create a separate population database comprised of DNA samples obtained under the Act after all personal identification is removed. The Laboratory may share or disseminate the population database with other criminal justice agencies or forensic DNA laboratories that serve to assist the Laboratory with statistical databases. The population database may be made available to and searched by other agencies participating in the CODIS system.

(d) The CODIS administrator and persons authorized by the CODIS administrator may inform appropriate law enforcement agencies that there is a profile match between or among DNA samples, other profiles, and/or biological evidence.

N.J. Admin. Code § 13:81-4.2

Amended by 47 N.J.R. 1640(a), effective 7/6/2015