Or. Admin. R. 137-140-0040

Current through Register Vol. 63, No. 6, June 1, 2024

Section 137-140-0040 - Documentation Guidelines for Biological Evidence

(1) When a custodian initiates a criminal investigation, custodian personnel should create a written or electronic file specific for that case in order to contain case documentation of biological evidence for the length of time required by these administrative rules and prevailing law.

(2) Custodians should document the following information regarding biological evidence:

(a) The techniques used for the detection and collection of the evidence;

(b) Date of collection;

(c) Name of persons collecting the evidence;

(d) A descriptive listing of the evidence collected;

(e) A unique identifier of each item of evidence collected such as an item number and case number;

(f) The location where each item of evidence was collected which should be documented by notes, sketches, measurements, photographs, or other similar items; and

(g) Any additional information that the custodian or law enforcement agency deems appropriate.

(3) Custodians shall initiate and maintain a continuous chain of custody for each item of biological evidence from the time of evidence collection until the time the evidence is admitted into court and from a court's return of the evidence to the custodian's custody until the expiration of the retention periods specified in ORS 133.707 and these administrative rules.

Or. Admin. R. 137-140-0040

DOJ 9-2015 f. 8-31-15, cert. ef. 9/1/2015

Stat. Auth.: ORS 133.709

Stat. Implemented: ORS 133.705-133.717