Md. Code Regs. 29.05.01.16

Current through Register Vol. 51, No. 25, December 13, 2024

Section 29.05.01.16 - Reporting Requirements

A. Not later than April 1, 2010, and annually thereafter, the Department of State Police shall compile an annual report to the Governor and to the General Assembly. The annual report or a hyperlink to it shall be posted on the website of the Department of State Police not later than April 1 of each year.

B. Content of the Annual Report.

(1) The annual report shall include, for the preceding calendar year, total expenses that the Crime Laboratory incurred to operate the Statewide DNA Data Base System including:

(a) Full-time, part-time, and contractual salary and fringe benefit costs for scientists and support personnel assigned to the State Police Crime Laboratory for DNA data base purposes;

(b) DNA collection kit costs, including costs required to transport kits from collection sites to the Crime Lab;

(c) DNA data base operational costs, including new hardware, software, and maintenance; and

(d) DNA testing and analysis costs, including in-house equipment purchased and outsource testing and analysis costs.

(2) Funds Provided by the State. Not later than January 31, 2010, and annually thereafter, the Governor's Office of Crime Control and Prevention shall report to the Department of State Police the total grant amount, by municipality, awarded for the preceding calendar year by the Governor's Office of Crime Control and Prevention to any municipal crime laboratory, not including grants to the Crime Laboratory.

(3) Individual Data and Analysis. The Department of State Police shall include in the annual report, for the preceding calendar year, the racial demographics of all individuals who have been charged with qualifying crimes upon arrest in the following categories:

(a) Asian;

(b) African-American;

(c) White;

(d) Hispanic; or

(e) Other.

(4) Case-Specific Data Collection and Analysis. Not later than January 31, 2010, and annually thereafter, the Governor's Office of Crime Control and Prevention shall report to the Department of State Police the following data, for the preceding calendar year, for inclusion in the annual report:

(a) The number of convicted offender or arrestee DNA matches in a calendar year;

(b) The number of matches that resulted in the investigation of the individual identified in the match;

(c) The number of matches resulting in formal charges;

(d) The number of matches resulting in convictions;

(e) The number of convicted individuals exonerated by DNA matches in a calendar year;

(f) The number of matches resulting in convictions of individuals who were not already incarcerated; and

(g) For convictions where a match occurred, that individual's prior offenses.

C. Requirements of Local Law Enforcement Agencies. On or before January 31, 2010, and annually thereafter, local law enforcement shall report the information necessary for the Crime Laboratory to comply with the reporting requirements of this regulation.

D. Additional Reporting by Local Law Enforcement Agencies and the Department of State Police to the Office of Legislative Audits, in Coordination with the Governor's Office of Crime Control and Prevention.

(1) For the purposes of this section, crime scene DNA evidence is a forensic or evidence sample as defined in COMAR 29.05.01.01B(17), including samples submitted for biological screening or serology testing.

(2) Not later than January 31, 2010, and by April 1 of every even-numbered year thereafter, the following shall be reported for the preceding calendar year to the Office of Legislative Audits, in coordination with the Governor's Office of Crime Control and Prevention, by each local law enforcement agency and the Department of State Police:

(a) The categories of crimes for which crime scene DNA evidence is routinely collected;

(b) The number of cases in which crime scene DNA evidence samples were collected during the preceding year for each category of crime reported pursuant to §D(2)(a) of this regulation;

(c) The average time between crime scene DNA evidence collection, as defined by COMAR 29.05.01.01B(6-1), and analysis.

(d) The number of cases in which crime scene DNA evidence samples were collected, but were still pending analysis by the end of the reporting period; and

(e) The number of crime scene DNA evidence samples submitted and qualified for inclusion into the Statewide DNA Data Base during the preceding year.

(3) The schedule for annual reporting shall be as follows:

(a) Not later than January 31, 2010, and by January 31 of every even-numbered year thereafter, local law enforcement agencies shall report to the Governor's Office of Crime Control and Prevention; and

(b) Not later than February 28, 2010, and by April 1 of every even-numbered year thereafter, the Governor's Office of Crime Control and Prevention shall report to the Office of Legislative Audits.

(4) The data reported by each local law enforcement agency under this regulation shall be transmitted to the Office of Legislative Audits by the Governor's Office of Crime Control and Prevention as part of the reporting process.

E. Additional Reporting by the Department of Health and Mental Hygiene to the Office of Legislative Audits. Not later than April 1, 2010, and by April 1 of every even-numbered year thereafter, the State Department of Health and Mental Hygiene shall report to the Office of Legislative Audits, in coordination with the Governor's Office of Crime Control and Prevention, the number of hospital forensic examinations reimbursed by the Department for each county and the City of Baltimore for the preceding calendar year.

F. The Office of Legislative Audits shall compile and evaluate the information provided to it in order to submit a summary report to the Governor and to the General Assembly in accordance with State Government Article, § 2-1246, Annotated Code of Maryland.

G. Noncompliance with Request for Information.

(1) Local law enforcement agencies, the Office of the Public Defender, and the Departments of Health and Mental Hygiene and Public Safety and Correctional Services shall cooperate with information requests from the Governor's Office of Crime Control and Prevention in its efforts to seek any information required for the purposes of the reports required by this regulation.

(2) Failure to comply with information requests from the Governor's Office of Crime Control and Prevention may result in ineligiblity for or the withholding of State grant funding.

Md. Code Regs. 29.05.01.16

Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)