Sec. 29.05.01.11. Access to DNA Data

A. A request by letter for obtaining information from the Statewide DNA Data Base System and CODIS shall be submitted to the Director, from the requesting agency's department head or designee.

B. The letter from the requesting agency shall contain:

(1) The reason for conducting the search;

(2) The type of criminal offense;

(3) The intentions of prosecution;

(4) The authority behind requesting the search;

(5) The details concerning the source of specimens within the "Target DNA" files; and

(6) A laboratory point of contact, telephone number, and email address.

C. An electronic request for obtaining information from the Statewide DNA Data Base System and CODIS may initiate a search, but information may not be released without a formal request.

D. The Director, or designee, shall verify the identity of the agency or person submitting a request for DNA information by:

(1) A confirmation telephone call or letter between the agencies; and

(2) Requiring a person in authority at the requesting laboratory to sign and return the agreement of interlaboratory search form.

E. Before announcing a match with DNA information received from the Statewide DNA Data Base System, the requesting laboratory shall, if requested:

(1) Submit to the Director or designee:

(a) Duplicates of the final test results;

(b) The laboratory's quality assurance standards; and

(c) The allele designations; and

(2) Conduct a telephone conference call or an electronic exchange of information between laboratory personnel.

F. After verification by the Director or designee that a match has been made in the Statewide DNA Data Base System and the request complies with the purposes in Regulation .06C of this chapter, the typing results and personal identification information of the DNA profile of an individual in the Statewide DNA Data Base System may be made available, by letter, to the following agencies or persons:

(1) Federal, state, and local law enforcement agencies;

(2) Crime laboratories that serve federal, state, and local law enforcement agencies that have been approved by the Director;

(3) A State's attorney's office or other prosecutorial office; and

(4) A person participating in a judicial proceeding in which the data base information may be offered as evidence.

G. The typing results and personal identification information of the DNA profile of an individual in the Statewide DNA Data Base System shall be made available to a defendant or a defendant's counsel on written order of the court in which the case is pending.

H. A search of the data base shall be conducted to determine the existence of a match to DNA obtained from crime scene evidence taken in relation to the crime for which a defendant is charged if, upon the request of that defendant, a written court order commands the data base search.

I. This chapter does not limit a court from ordering any discovery of a DNA record or other related material in a criminal case.

J. The Director shall maintain a permanent file of all requests received for DNA information and the disposition of each request.