Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-9-4 - Procedures for the Collection of Samples for DNA AnalysisThe following standards shall be met when collecting samples for the purposes of DNA analysis:
4.1. Representatives of the West Virginia Division of Corrections and/or Regional Jail Authority, Sheriffs Department or other authorized agency of the criminal justice system, working in conjunction with the West Virginia State Police, shall have a DNA sample collected from:a. All individuals convicted of any offense specified in West Virginia Code § 15-2B-6.b. Where not otherwise mandated, any person convicted of a felony offense under the provisions of this code, provided that the person is under the supervision of the criminal justice system at the time the request for the sample is made. Supervision includes prison, the regional jail system, parole, probation, home confinement, community corrections program, and work release.c. If an individual is required to register as a sex offender on or after July 1, 2011 and has not submitted a sample to the DNA Database, a sample will be collected by the State Police detachment the offender reports to. A WV DNA Collection kit with buccal swabs will be used.d. When an individual is under the supervision of the criminal justice system as a result of a reciprocal agreement with another state for a felony conviction of a qualifying offense, that individual shall provide a DNA sample unless documented proof that a DNA sample has already been provided and uploaded to NDIS.e. Any individual, upon notification, who was convicted of a qualifying offense on or after July 1, 2011 and was released from supervision by the criminal justice system without giving a DNA sample.4.2. Only a licensed registered professional nurse, doctor of medicine or osteopathy, or a trained medical technician may draw a blood sample. The WVSP Kit shall be used for the withdrawal of blood only for the purpose of DNA Databank analysis.4.3. The blood shall be drawn using the sterile, previously unused, needles and storage vessels provided in the Kit. The blood shall be drawn according to accepted medical procedures and according to the universal safety precautions outlined by the National Centers for Disease Control. The provided vessels shall be filled to capacity, if possible, and sealed according to the instructions included in the WVSP Kit.4.4. The CODIS Administrator or designee may permit the replacement of the blood tube or other collection material by the collection facility with sterile collection material via communication with the State Police.4.5. The collection facility shall confirm the identity of the individual whose sample is collected with an identification card bearing a photograph or through another means that would positively identify the DNA donor. Only one donor may be processed at a time to avoid potential mislabeling or misidentification of the samples.4.6. The kit will include one information card to be used by the Biochemistry Section. The collection facility shall complete the information card in full at the time of collection according to the instructions included in the kit. The collection facility shall also complete the fingerprint identification block on the information card at the time of sample collection. Both the right and left thumb prints shall be placed in the corresponding fingerprint identification block. If a thumb print is not possible an index finger (right then left) shall be used for identity confirmation. If an index finger print cannot be collected, the middle finger (right then left), or ring finger print (right then left), or little finger print (right then left) shall be used to confirm identity. In the event that no finger print is possible due to the absence of fingers or hands, the fingerprint block shall be left blank. The identity of the digit used to make the fingerprint shall be noted on the information card.4.7. A second individual shall verify the data on the information card when possible. The witness shall sign the information card on the appropriate signature line.4.8. The collection facility shall ensure that the collected DNA sample and the completed information card are placed in the Kit according to the instructions, sealed, and mailed immediately to: West Virginia State Police
Biochemistry Section
725 Jefferson Road,
South Charleston, WV, 25309-1698.
4.9. The collection facility obtaining the DNA sample shall maintain the logbook provided by the State Police containing the following information: the kit number, the name of the donor, the date and time of sample collection, the name of the witness, and the name of the collecting technician. The log shall be completed in full at the time of sample collection. 4.10. The collection facility shall provide the Biochemistry Section with a copy of the log book containing entries from the previous three months on a quarterly basis each calendar year. The copy of the log book shall be sent to: West Virginia State Police,
Biochemistry Section,
725 Jefferson Road,
South Charleston, WV, 25309-1698
The collecting facility shall send the log sheets even if no log entries occurred in the three months prior to the mailing dates.
4.11 The agency having custody, control or providing supervision of persons convicted of a qualifying offense may develop rules and policies detailing the time and manner of sample collection as long as they do not conflict with the WV Code, these legislative rules and are made in consultation with the West Virginia State Police Forensic Laboratory CODIS Administrator or designee. A WV DNA Collection kit must be used to obtain the DNA sample and the personal information card must be completed. 4.12. The court sentencing a person convicted of a qualifying offense to probation shall order, as a condition of probation, that the convicted person report to the local sheriffs department to provide a DNA sample within 30 days. If the Sheriffs Department has already collected a DNA sample from the person, a second sample does not need to be collected.