004.00.20 Ark. Code R. 036

Current through Register Vol. 49, No. 9, September, 2024

Rule 004.00.20-036 - AR 891 Inmate DNA Testing

I.AUTHORITY:

The Board of Correction and Community Punishment is vested with the authority to promulgate the Administrative Rule by Ark. Code Ann. §§ 12-27-105.

II.APPLICABILITY:

This policy applies to employees and inmates of the Arkansas Department of Correction.

III.POLICY:

To comply with Act 737 of the 81^st General Assembly of 1997, as amended by Act 218 of 2001, titled, "DNA detection of sexual and violent offenders act," by establishing guidelines for obtaining DNA samples from certain felons in the custody of the Arkansas Department of Correction.

IV.GUIDELINES:

An Administrative Directive will delineate:

A. those sexual, violent and other offenders affected,

B. methodology for obtaining DNA samples from affected offenders,

C. chain of custody for transmission of samples,

D. authorizations and indemnifications for Arkansas Department of Correction staff involved.

V.REFERENCES:

Act 737 of 1997 - "DNA Detection of Sexual and Violent Offenders Act"

Act 218 of 2001 - "An Act to Amend Arkansas Code 12-12-1109 to Add Residential and Commercial Burglary to those Offenses which Require a DNA Sample"

Board Approval Date: 11/16/01

Effective Date: 11/16/2001

004.00.20 Ark. Code R. 036

Adopted by Arkansas Register Volume MMXXI Number 07, Effective 11/16/2001