23.4.502    COLLECTION OF BIOLOGICAL SAMPLES FOR DNA ANALYSIS

(1) A buccal swab sample shall be collected by the appropriate law enforcement agency, corrections facility or other statutorily authorized agency.

(2) A blood sample shall be collected by a physician, registered nurse, licensed practical or vocational nurse, licensed clinical laboratory technologist, or any other health care worker who is trained to properly collect blood samples or other biological specimens.

(3) The division shall provide a reasonable quantity of DNA sample collection kits to criminal justice or law enforcement agencies in this state at no cost to that agency. A DNA sample collection kit shall consist of a mailing envelope bearing an international biohazard symbol containing another envelope, a pair of gloves, two pieces of evidence tape, a kit shipping seal, a collection card with a swab collection envelope, a plastic bag with two cotton swabs, an absorbent pad, instructions for collection of DNA samples, and any other items designated as appropriate by the division.

(4) When collecting a DNA sample, a submitting agency shall use a DNA sample collection kit provided by the division, or any other method which is generally considered acceptable for the collection, storage and transportation of biological specimens.

(5) If the DNA sample collecting kit provided by the division is not utilized, the submitting agency shall package the sample for shipment to the division in compliance with United States postal service regulations (Domestic Mail Manual section CO 23.10.4) for mailing biological specimens.

(6) The person who collects the DNA sample shall seal the material and mark the container with the contributor's name and social security number before returning it to the representative of the submitting agency.

(7) To the extent possible, the submitting agency shall also provide the following information to the department when submitting a DNA sample:

(a) subject's name and signature;

(b) subject's social security number;

(c) subject's date of birth;

(d) subject's gender;

(e) subject's race;

(f) subject's SID, FBI and/or juvenile offender number;

(g) subject's qualifying offense or offenses;

(h) subject's left and right thumb prints;

(i) date and time sample was collected;

(j) name and signature of the individual collecting the DNA sample;

(k) name of the submitting agency and phone number;

(l) name of the person preparing the information herein requested; and

(m) record of the chain of custody of the specimen.

(8) A representative of the submitting agency shall witness the collection of the sample in order that he or she may attest to the sample's authenticity.

(9) Unless the record already exists in the DNA identification index, any person may voluntarily submit a DNA sample to the division for the purpose of creating a DNA record under this subchapter.

History: Sec. 44-6-110, MCA; IMP, Sec. 44-6-103, MCA; NEW, 1996 MAR p. 2172, Eff. 8/9/96; AMD, 2002 MAR p. 1983, Eff. 7/26/02.