N.J. Admin. Code § 13:81-2.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:81-2.1 - Submission and identification

(a) All buccal swab DNA samples shall be collected by individuals trained under the protocols established by the Division of Criminal Justice, utilizing the collection protocol prescribed in the "Instructions for State of New Jersey DNA Databank Offender DNA Collection Kit," version 11/5/14, set forth in Chapter Appendix A and incorporated herein by reference. Such samples shall be taken using only the sample collection kit approved and provided by the Division of Criminal Justice.

(b) Only one offender shall be processed at a time to avoid potential mislabeling or misidentification of the samples.

(c) The offender providing a DNA sample shall be positively identified, using photograph identification or other identification, by the agency responsible for collecting the sample prior to taking the biological specimen from such offender. The collecting agency shall utilize the New Jersey State Police Master Name Index to locate, if necessary, and to verify the offender's SBI number and also to ascertain the status of the DNA flag. No sample may be taken if the flag indicates "Collected" or "Profile in CODIS" meaning that a sample previously was taken from the offender. As part of the verification process, the collector shall also use the Fast ID system or the live scan, if it is available, which provides almost instantaneous comparison of the offender's fingerprints with those on record at the New Jersey State Police. If an offender does not have an assigned SBI number at the time of collection or if the collector is unable to locate or verify an SBI number, a criminal inquiry through live scan, if available, shall be conducted. If a live scan is not available or does not within a reasonable time provide an SBI number, then a 10-print criminal arrest fingerprint card shall be completed.

(d) When positive identification of the offender is accomplished, the DNA databank specimen submission form shall be completed, providing the information requested on the form as prescribed in the "Instructions for State of New Jersey DNA Databank Specimen Submission Form" (pertaining to the previous version of the form with three copies), version 11/5/14, set forth in Chapter Appendix B and incorporated herein by reference, or as prescribed in the "Instructions for State of New Jersey DNA Databank Specimen Submission Form" (pertaining to the new one-page version of the form), version 11/5/14, set forth in Chapter Appendix C and incorporated herein by reference. If an offender refuses to sign the form, the collector shall write "refused" on the signature line.

(e) The offender's obligation to provide a sample shall be deemed to include the obligation to provide fingerprints or other identifying indicators. The imprinting of the offender's right and left index fingers, by means of an inked impression, in the spaces indicated on the DNA databank specimen submission form shall be completed. If a 10-print criminal arrest fingerprint card is being submitted in lieu of an SBI number, or if the collector is using the Fast ID system or live scan, the offender still must be fingerprinted as indicated on the submission form. If the Fast ID indicates "match," or the live scan confirms the SBI number, the first box on the fingerprint verification portion of the form shall be checked, initialed, and dated. In the event that no fingerprinting is possible due to absence of fingers or hands or any other reason, this fact shall be indicated in the space provided for recording the fingerprint and, if possible, toe prints shall be taken or a Fingerprint Certification shall be completed with a photograph attached that is initialed and dated.

(f) The primary method of sample collection in New Jersey shall be by buccal swabbing using the standardized sample collection kit as supplied by the Division of Criminal Justice. The DNA sample shall be taken by inserting the applicator between the teeth and cheek of the offender and rubbing the applicator against each cheek, and then placing the swab under the tongue for 10 seconds. The wet swab shall then be pressed and rolled on the sample collection card, which will change color when the sample has been transferred from the swab to the card. The sample collection card, together with a completed submission form containing the biographical data of the offender and plain impression prints of the offender's index fingers shall be sent to the New Jersey State Police Office of Forensic Sciences DNA Laboratory.

(g) Blood samples shall be taken only when a DNA sample must be obtained by force, which shall occur only pursuant to court order, or when the Department of Health, which supervises those found not guilty by reason of insanity, elects to take a blood sample. The offender's finger or other appropriate body part shall be pricked while he or she is restrained, and a blood sample shall be obtained using the standardized sample collection kit as supplied by the Division of Criminal Justice.

(h) A blood sample shall be drawn by a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory or medical technician, phlebotomist, or other health worker with phlebotomy training using medically-approved procedures.

(i) The labeling, handling, and transmittal of the biological sample collected shall be as prescribed in the "Instructions for State of New Jersey DNA Databank Offender DNA Collection Kit," version 11/5/14, set forth in Chapter Appendix A. The mailing envelope shall be mailed or delivered to the Laboratory.

(j) Collection of DNA samples shall be overseen and tracked by the CCU.

(k) The CCU shall effect arrangements for the collection of samples from qualified offenders when custody or supervision is maintained by private or out-of-State probation, parole, correction facilities, or any other type of facilty.

N.J. Admin. Code § 13:81-2.1

Amended by 47 N.J.R. 1640(a), effective 7/6/2015