Wyoming Division of Criminal Investigation

DNA Identification Record System Rules

Chapter 1

  Section 1. Authority. The following rules are written in accordance with W.S. 7-19-401 through 7-19-406.

  Section 2. Responsibilities of agencies collecting DNA samples. The agency collecting the DNA sample shall be responsible for deciding whether to collect a blood-based DNA sample or a buccal DNA sample. The Division shall reserve the right to request another sample if the integrity of the donated sample is in doubt or does not yield an acceptable profile. The collecting agency will be provided with a blood-spot kit if a secondary DNA collection is required.

  Section 3. Definitions.

  (a) Blood-Spot Collection Kit - An alternate blood-based DNA collection mechanism utilizing a finger-stick approach to add drops of blood onto a filter-paper storage card that is prepared upon written request by DOC. A blood-spot collection kit may include:

    (i) Instructions for sample collection

    (ii) Two (2) filter-paper blood-spot collection cards in a plastic holder

    (iii) Cassette to enclose blood-spot cards

    (iv) Submission form

    (v) Security/identification labels

    (vi) Expiration date

  (b) Buccal Collection Kit - A non-invasive means to collecting DNA samples by harvesting buccal epithelial cells; made up of a collector, support, and protective cap. A buccal cell collection kit may include:

    (i) Instructions for sample collection

    (ii) Two (2) buccal DNA collectors

    (iii) Envelope to enclose buccal collectors

    (iv) Plastic gloves

    (v) Submission form

    (vi) Security/identification seals

    (vii) Expiration date

  (c) CODIS - Combined DNA Index System

  (d) Division - Wyoming Division of Criminal Investigation including the Wyoming State Crime Laboratory

  (e) DNA - Deoxyribonucleic Acid

  (f) DNA-COD - DNA Convicted Offender Database

  (g) DNA Collection Kit - May be defined as a whole blood collection kit, a blood spot kit, or a buccal cell collection kit

  (h) DOC - Department of Corrections

  (i) Electronic Prelog - An electronic means to submit convicted offender information with respect to DNA sample collection from the submitting agency to the Wyoming State Crime Laboratory

  (j) FBI-Standards - Quality Assurance Standards for Convicted Offender DNA Databasing Laboratories, issued by FBI, dated April 1, 1999

  (k) FTA Cards - For use in the storage of blood samples

  (l) NDIS - National DNA Index System

  (m) Submission Form - Written or electronic form that shall include:

    (i) Subject's name (last, first and middle name)

    (ii) Subject's DOC or criminal justice agency number

    (iii) Subject's race

    (iv) Subject's sex

    (v) Subject's date of birth

    (vi) Subject's Social Security Number

    (vii) Offense of Subject

    (viii) Date of offense

    (ix) Date and Time of DNA sample collection

    (x) Name of the Agency or Institution submitting DNA sample and the Wyoming County in which it is located

    (xi) Name of individual collecting the DNA sample

    (xii) Name of individual sealing the DNA sample

    (xiii) Name of individual storing the DNA sample until sent to the Wyoming State Crime Laboratory

    (xiv) Name of individual transferring the DNA sample to the Wyoming State Crime Laboratory

    (xv) Subject's signature and date

  (n) Whole Blood Collection Kit - A means to collect blood-based DNA samples by mechanism of venipuncture and collection into a blood tube. A whole blood collection kit may include:

    (i) Instructions for sample collection

    (ii) Blood collection tube

    (iii) Transport cylinder for blood tube

    (iv) Tamper proof cap

    (v) Submission form

    (vi) security/identification labels

    (vii) Expiration date

  (o) Wyott Evidence Facility - The primary evidence storage facility of the Wyoming State Crime Laboratory

  Section 4. Collection, Storage and Transfer of DNA-COD Samples.

  (a) Collection Procedures - The Wyoming State DNA-COD Collection Kit and its specific collection procedures shall only be used to secure samples designated for the Wyoming DNA-COD.

  (b) Storage Procedures Prior to Submittal - The sealed white envelope containing a whole blood DNA sample shall be placed in a secure refrigerator at the DOC Institution or Criminal Justice Agency until submitted to the Wyott Evidence Facility. The sealed white envelope containing blood-spot cards or buccal DNA samples shall be placed in a secure room-temperature location at the DOC Institution or Criminal Justice Agency until submitted to the Wyott Evidence Facility.

  (c) Sample Transfer Procedures - the DNA-COD sample shall be submitted to the Wyott Evidence Facility as soon as possible after collection. All costs associated with the collection and submission of DNA-COD samples including, but not limited to costs associated with the US mail and/or other common carrier (i.e., UPS, FedEx) shall be the responsibility of the collecting agency.

    (i) Samples sent to the Crime Laboratory shall be put in a protective container to prevent breakage while shipping and mailed to the lab via common carrier with a trackable means to:

    (ii) Hand-delivered samples shall be delivered to:

  Section 5. DNA-COD Kit Procedures

  (a) Receipt - The receipt of each DNA Convicted Offender Database sample at the Wyott Evidence Facility shall be the responsibility of the Wyott Evidence Facility personnel. A CODIS sample transfer form will accompany all samples submitted to the Crime Laboratory.

  (b) Acceptance Criteria - The whole blood DNA-COD sample for inclusion in the DNA- COD database shall be accepted on the basis of all of the following criteria:

    (i) Sealed white envelope, initialed across 2 edges of yellow seal

    (ii) Completed white envelope submittal form

    (iii) Legible and accurate information

    (iv) No prior accepted DNA-COD sample

    (v) Plastic transport container cap properly sealed

    (vi) Blood tube properly sealed

    (vii) Blood tube legibly and accurately completed

    (viii) Sufficient amount of blood in tube (approximately 3/4 full)

  (c) Acceptance Criteria - The blood-spot DNA-COD sample for inclusion in the DNA- COD database shall be accepted on the basis of all of the following criteria:

    (i) Sealed white envelope, initialed across 2 edges of yellow seal

    (ii) Completed white envelope submittal form

    (iii) Legible and accurate information on submittal form and blood-spot cards

    (iv) No prior accepted DNA-COD sample

    (v) Blood-spot cards in acceptable condition

    (vi) Blood-spot cards contain sufficient amount of blood for processing

    (vii) Blood-spot cards properly sealed

  (d) Acceptance Criteria - The buccal DNA-COD sample for inclusion in the DNA-COD database shall be accepted on the basis of all of the following criteria:

    (i) Sealed white envelope, initialed across 2 edges of evidence seal

    (ii) Completed white envelope submittal form

    (iii) Legible and accurate information on submittal form and buccal collectors

    (iv) No prior accepted DNA-COD sample

    (v) Buccal DNA collector in acceptable condition

    (vi) Buccal collector properly sealed

  (e) Acceptance Notification - A complete list of the accepted DNA Convicted Offender Database subjects shall be provided to the DOC. Each copy provided of the DNA-COD list shall be documented within the DNA-COD unit.

  (f) Rejection Criteria - the DNA-COD sample shall be rejected on the basis of any of the following criteria:

    (i) Unsealed white envelope

    (ii) Incomplete white envelope submittal form

    (iii) Illegible and/or inaccurate information

    (iv) Prior accepted DNA-COD sample

    (v) Plastic transport container improperly sealed

    (vi) Blood tube improperly sealed

    (vii) Blood tube label illegible and/or inaccurate

    (viii) Insufficient amount of blood given in tube (less than 3/4 full)

    (ix) Leakage of blood into transport tube

    (x) Insufficient amount of blood on a blood-spot card (all four spots filled)

    (xi) Integrity of buccal collector paper in doubt

  (g) Rejection Notification - All rejection notifications shall be sent only to the DOC and will specify the reason for rejection.

    (i) Rejection of any sample shall be made by the CODIS Manager or qualified CODIS personnel.

    (ii) Each notification shall be documented.

    (iii) The rejected sample shall not be opened.

    (iv) The rejected sample shall be disposed of in a manner compliant with Wyoming State Crime Laboratory Safety Guidelines.

  (h) Chain of Custody - No DNA-COD sample shall be stored, intermingled or physically associated with Wyoming State Crime Laboratory case work evidence.

    (i) Only designated CODIS personnel or designee shall initiate and maintain the internal Laboratory chain of custody.

    (ii) Evidence Tracking of Accepted Samples - Each accepted DNA sample shall be marked with a unique DNA-COD Identification Number.

      (A) The barcode including the unique identification number shall be placed in the space provided on the preprinted white submittal envelope containing the sample.

  (i) Initial Evaluation of Envelope Contents - Whole blood DNA-COD samples:

    (i) The plastic transport tube with tamper proof cap shall be removed from the white submittal envelope and inspected for integrity.

    (ii) The blood tube seal integrity shall be evaluated.

    (iii) The subject's name on the blood tube shall be verified with the subject's name on the front of the white submittal envelope.

    (iv) The blood tube sample shall be removed from the transport container, transferred into a bubble pack and replaced into the white submittal envelope for short term storage in the DNA evidence refrigerator until processed.

  (j) Initial Evaluation of Envelope Contents - Blood-spot DNA-COD samples:

    (i) The cassette enclosing the blood-spot cards shall be inspected for integrity.

    (ii) The kit shall be inspected to verify that two (2) blood-spot cards are present.

    (iii) The subject's name on the blood-spot cards will be verified with the subject's name on the front of the white submittal envelope.

  (k) Initial Evaluation of Envelope Contents - Buccal DNA-COD samples:

    (i) The envelope enclosing the buccal collectors shall be inspected for integrity.

    (ii) The kit shall be inspected to verify that two (2) buccal collectors are present.

    (iii) The buccal collectors shall be inspected to verify the protective covers are in place.

    (iv) Upon opening of the envelope enclosing the buccal collectors, the subject's name on the buccal collector shall be verified with the subject's name on the front of the white submittal envelope.

    (v) The buccal collection paper shall be visually inspected for integrity.

  (l) Sample Processing Procedures - Bio-hazard safety procedures in accordance with the Wyoming State Crime Laboratory safety program shall be followed when handling biological samples. Each sample shall be handled and examined one at a time.

  (m) Sample Spotting Procedure (Whole Blood Only) - Bio-hazard safety procedures in accordance with the Wyoming State Crime Laboratory safety program shall be followed when handling biological samples. In addition, gloves shall be worn at all times and changed with each sample. Each sample shall be handled, examined and spotted one at a time to avoid possible cross contamination.

  (n) Buccal Sample Preparation Procedure - Bio-hazard safety procedures in accordance with the Wyoming State Crime Laboratory safety program shall be followed when handling biological samples. In addition, gloves shall be worn at all times and changed with each sample. Each sample shall be handled, examined and prepared one at a time to avoid possible cross contamination.

  Section 6. Profiling Convicted Offender Database Samples

  (a) Outsourcing Samples for Processing - testing of the DNA-COD samples for DNA shall follow the criteria established in W.S. 7-19-403(c) and FBI Standards dated April 1, 1999.

    (i) DNA-COD samples shall be handled and stored separately from normal Laboratory case work and access to those samples shall be limited to CODIS personnel or designee.

    (ii) Upon removing each sample from storage, the respective DNA-COD file or computer database entry shall be initialed, dated, carrier/shipper shall be documented and shall include the tracking notice.

    (iii) Each sample transferred to a contracting Laboratory shall:

      (A) Be packaged for transfer following established Wyoming State Crime Laboratory procedures for evidence handling and transferring.

      (B) Have the respective DNA-COD file or computer database entry show the transfer date and initials of person making the transfer.

    (iv) Each sample tested in the Wyoming State Crime Laboratory shall follow the same documentation established for contracting laboratories but reflect in-house testing.

  (b) Receiving Samples After Processing - Upon completion of testing, each sample shall be returned to storage and the DNA-COD file or computer database entry for each sample shall be dated and initialed.

    (i) All samples shall be stored in accordance with the manufacturer's recommendations.

  (c) Reports of DNA Testing - No written report shall be constructed on any DNA-COD database case number without approval of the CODIS Manager and Laboratory Supervisor. Any such release shall be in accordance with Wyoming State Statute and CODIS guidelines, and then documented in the respective case file.

    (i) Security of all information obtained by accession of and testing from DNA-COD samples shall follow the rules and regulations established under CODIS Guidelines, DNA Database Act of 1994, W.S. 7-19-404 and the Rules for the Wyoming DNA Identification Records System established by the Wyoming State Crime Laboratory.

  Section 7. DNA Profiles and CODIS

  (a) Requirements for DNA Samples Entered into CODIS - All samples entered into CODIS shall follow the rules set forth by the DNA Identification Act of 1994, and the Standards for Laboratories participating in the National DNA Identification Database issued by the FBI, dated April, 1 1999.

  (b) Procedures for Entering Samples into CODIS - Only CODIS personnel shall enter data into the Wyoming DNA Convicted Offender Database.

  Section 8. Access to DNA Profiles

  (a) Laboratory Rules for Access to DNA Sample Information DNA Database Information, and DNA Samples Generated by the Convicted Felon Database System

    (i) Laboratory Personnel - only CODIS personnel shall have physical access to the DNA Convicted Offender Database.

      (A) Biology Unit personnel have access only to the non DNA-COD areas of the CODIS including the capabilities of searching CODIS profiles as described above.

    (ii) Non-Laboratory Personnel - access to DNA records and the DNA Database shall follow the criteria as defined in W.S. 7-19-402 (a) and W.S. 7-19-404 (a)(b) and the Rules and Regulations established by the Wyoming Division of Criminal Investigation.

      (A) Original DNA database sample case files shall be stored in the long-term storage area and access to those files shall be only CODIS personnel and the Laboratory Supervisor.

  (b) Access to DNA Database Samples

    (i) All requests by authorized agencies (W.S. 7-19-404(a)) for information on DNA records or requests for DNA samples shall be submitted in writing to the Wyoming State Crime Laboratory Supervisor. "In writing" includes the use of facsimile copies of computer requests which can be printed.

      (A) The Laboratory Supervisor shall verify all requests prior to releasing any information or DNA samples. Only after verification shall a request for release of information be made to the CODIS Manager.

    (ii) All requests for information about DNA case samples shall be filed in the respective case file, and documentation of the action taken on the request shall be placed in the file. All actions taken on request shall meet CODIS/NDIS guidelines for the release of information.

    (iii) A separate file shall be established for cases which requests have been received and documentation of the resulting actions.

  Section 9. Expungement of DNA Profiles

  (a) Criteria for Expungement - The Expungement of information in the state DNA Database is authorized in W.S. 7-19-405. Prior to initiation of expungement, the Division of Criminal Investigation shall receive an original written request from offender for expungement accompanied by a certified copy of the court order reversing and dismissing the conviction and providing for expungement.

    (i) The Assistant Attorney General assigned to DCI shall verify the written request and the certified copy of the court order for expungement.

    (ii) Upon verification of the expungement order, the Assistant Attorney General shall give copies of the request, the court order and a memorandum of verification for expungement to the Supervisor of the Crime Laboratory.

  (b) Laboratory Procedures for Expungement of DNA Profiles - The Wyoming State Crime Laboratory procedures for the expungement of information contained in the State DNA Database shall follow the protocol as stated below.

    (i) The supervisor of the Crime Laboratory shall request the CODIS Manager to retrieve and destroy from the original case file all identifiable information for the subject.

      (A) A memorandum shall be placed in the original case file and state that all original identifiable information has been deleted pursuant to a court order for expungement.

      (B) A memorandum stating that sufficient information has been received to expunge specific DNA records and directing the CODIS Administrator to expunge the DNA records will be issued by the Laboratory Director.

      (C) No identifying information shall be contained in the memorandum for deletion of information.

    (ii) The Supervisor of the Crime Laboratory shall notify the CODIS Manager that identifying information, DNA records, and DNA Database information shall be removed from the state DNA database system for the subject of the expungement order.

      (A) The CODIS Manager shall remove all identifying information and the DNA records from the state DNA database within five (5) working days and perform a request to the National DNA Index System for deletion.

      (B) A memorandum from the CODIS Manager to the Supervisor of the Crime Laboratory shall be issued within five (5) working days confirming that the DNA records and identifying information have been removed from the state CODIS database.

      (C) No identifying information shall be contained in the memorandum of deletion by the CODIS Manager.

      (D) A copy of the memorandum of deletion from the state DNA database shall be included in the original case file.

      (E) The Supervisor of the Crime Laboratory shall retain in a separate filing system, originals of all expungement orders and copies of resulting memoranda.

      (F) A letter confirming the expungement will be sent to the DOC stating that the expungement of the DNA profile, the blood sample, and the personal identifying information has been destroyed.