N.H. Admin. Code § Saf-C 6704.01

Current through Register No. 36, September 5, 2024

Section Saf-C 6704.01 - Release of DNA Records to a Law Enforcement Officer

(a) "Law enforcement officer", for the purposes of this section, means:

(1) The following from any state:

a. Sheriff or deputy sheriff of any county;

b. State police officer;

c. Constable or police officer of any city or town;

d. Official of any jail or corrections institution;

e. Conservation officer;

f. Probation or parole officer; or

g. Any federal, state, county, or local prosecuting attorney; or

(2) Any federal law enforcement officer.

(b) "DNA record", for the purpose of this section, means:

(1) The contents of the file detailing the verification of the offender's DNA profile;

(2) The DNA information card; and

(3) The DNA profile contained within the database.

(c) Pursuant to RSA 651-C:3, I, information pertaining to whether an offender's sample is in the database or DNA records associated with the analysis of an offender's sample contained in the DNA database may be requested by law enforcement officers in furtherance of an official investigation or prosecution of any criminal offense.

(d) Requests by law enforcement officers shall be made in writing, via facsimile at (603) 271-1086, email at codis@dos.nh.gov, e-mail directly to the CODIS Administrator, or U.S. mail directed to:

CODIS Administrator

State Police Forensic Laboratory

33 Hazen Drive

Concord, NH 03305

(e) Each request by a law enforcement officer shall include:

(1) The agency represented by the officer;

(2) An explanation as to how the information sought will further the official investigation or prosecution of any criminal offense; and

(3) The name and contact information of the individual submitting the request.

(f) The CODIS administrator shall deny the request if he or she determines that:

(1) The requested information does not meet the requirements of (e) above; or

(2) The release of information is not authorized by RSA 651-C:3,I.

(g) Any information provided from the DNA database shall not be transferred or made available to any other person or entity not authorized pursuant to RSA 651-C:3,I.

(h) Requests pursuant to (e) above shall be maintained on file with the division.

(i) Notwithstanding (d) above, requests from a law enforcement officer initiated to verify whether an individual's sample has been collected, specifically for the purpose of determining whether a DNA sample is still required to be collected pursuant to RSA 651-C:2, may be answered by telephone.

(j) Information regarding whether a particular sample has been collected from an offender may be indicated in law enforcement databases.

(k) Notwithstanding (d) above, following verification of any match between a New Hampshire offender and evidence submitted by a New Hampshire law enforcement agency, the CODIS administrator shall release the offender information to the law enforcement agency that submitted the associated evidence sample. The notification may initially occur telephonically, but shall be followed by written notification.

N.H. Admin. Code § Saf-C 6704.01

#7727, INTERIM, effective 7-20-02, EXPIRES: 1-16-03; ss by #7748, eff 8-17-02; amd by #7990, eff 1-1-04; amd by #9762, INTERIM, eff 8-14-10, EXPIRED: 2-10-11

New. #9889-A, eff 3-18-11 (from Saf-C 6703.01 )

Amended by Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12794, Effective 5/28/2019, Expires 5/28/2029.