Ohio Admin. Code 109:5-5-02 - Arrestee and convicted offender DNA collection and submission procedures
(A)
When collecting arrestee and convicted offender DNA
samples pursuant to section
2901.07
of the Revised Code, law enforcement and criminal justice agencies shall:
(1)
To verify the
identity of the individual via demographic data, agencies should obtain and
compare data on government-issued photo identification and demographic data
stored in a law enforcement database with computerized criminal history access,
such as OHLEG or LEADS.
(2)
To verify the arrestee/offender's identity via
fingerprint data, agencies should submit the individual's fingerprints through
a law enforcement system with automated fingerprint identification system
access, such as livescan or rapid ID and obtain automated fingerprint
comparison results from the system.
(B)
When a DNA
sample is collected pursuant to section
2901.07
of the Revised Code and submitted to the bureau of criminal identification and
investigation:
(1)
If an acceptable DNA profile and record is developed
from the sample, the bureau will denote a positive response in the DNA
collection form field on the individual's computerized criminal history
record;
(2)
The bureau of criminal identification and
investigation will determine whether DNA sample collection has failed and will
denote a negative response in the DNA collection form field on an individual's
computerized criminal history if a DNA sample collection did not produce a
valid DNA profile.
(C)
If the
collecting agency verifies through an arrestee or convicted offender's
computerized criminal history that a DNA specimen pursuant to section
2901.07
of the Revised Code has been previously collected from the individual due to a
prior arrest or conviction, an additional DNA sample is not required to be
collected.
(D)
If the collecting agency verifies through an arrestee
or convicted offender's computerized criminal history that a DNA specimen
pursuant to section
2901.07
of the Revised Code has been previously collected from the individual due to a
prior arrest or conviction, but that the prior DNA specimen collection is no
longer denoted in the computerized criminal history, the agency shall cause
another DNA specimen to be taken from the arrestee/convicted offender.
(E)
If a
DNA specimen previously collected pursuant to section
2901.07
of the Revised Code due to a prior arrest or conviction has failed and the
previous specimen cannot be used by the bureau of criminal identification and
investigation for analysis, the agency shall cause an additional DNA specimen
to be collected from the individual.
Notes
Promulgated Under: 119.03
Statutory Authority: 109.573(H), 2901.07(C)
Rule Amplifies: 109.573, 2901.07
Prior Effective Dates: 10/08/2011
Promulgated Under: 119.03
Statutory Authority: 109.573(H), R.C. 2901.07(C)
Rule Amplifies: R.C. 109.573, R.C. 2901.07
Prior Effective Dates: 10/08/2011
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