1. technology and computing
2. software
3. databases

COPYRIGHT © 2014
Department of Forensic Science
VIRGINIA
DEPARTMENT
OF BANK
DNA DATA
OPERATING POLICIES
FORENSIC
SCIENCE
AND
PROCEDURES MANUAL
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DNA Databank Operating Policies and Procedures Manual
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DFS Document 211-D100
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Table of Contents
TABLE OF CONTENTS
1
Purpose and Scope
2
Sample Origin
3
Receipt of Blood Samples into the Department of Forensic Science
4
Receipt of Blood Samples into the DNA Data Bank
5
Processing, Preserving and Storing Convicted Offender Blood Samples
6
Receipt of Buccal DNA Collector Storage Envelopes into the Department of Forensic Science
7
Receipt, Processing and Storage of Buccal DNA Collector Storage Envelopes by the DNA Data Bank
8
DNA Data Bank Sample Analysis, Documentation, Peer Review, and Entry of the DNA Profiles into CODIS
9
Arrestee Tracking
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10 Removal/Expungement of DNA Sample and Associated Records from Convicted Offenders
11 Processing Data Bank Hits
12 Local Inmate Data System (LIDS)
Appendix A Code of Virginia §§ 16.1-299.1 (Juveniles) and 19.2-310.2 et seq. (Convicted Offenders and Arrestees)
Appendix B DNA Data Bank Offender Blood Sample Form Letter
Appendix C DNA Data Bank Offender Buccal Sample Form Letter
Appendix D DNA Data Bank Arrestee Buccal Sample Form Letter
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1 Purpose and Scope
1
PURPOSE AND SCOPE
1.1
This document sets forth the standard day-to-day operating policies and procedures for the Virginia Department of
Forensic Science (DFS) Forensic Biology Section’s DNA Data Bank.
1.2
The purpose of the Virginia Department of Forensic Science DNA Data Bank is twofold:
1.3
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1.2.1
To provide a repository (Data Bank) for blood, saliva or other known samples from convicted felony
offenders and arrestees in accordance with the Code of Virginia §§16.1-299.1 (juveniles) and 19.2-310.2
et seq. (convicted offenders and arrestees) [refer to Appendix A].
1.2.2
To analyze samples in the repository to develop a DNA profile for entry into the Virginia DNA Data
Bank. The computer program used to store the DNA profiles is known as the Combined DNA Index
System (CODIS). Subsequently, the DNA profiles from the convicted offenders stored in CODIS are
uploaded to the national DNA database operated by the FBI.
The information contained in both the Virginia DNA Data Bank tracking computer and the CODIS databases is
used by the Virginia Department of Forensic Science DNA examiners to provide information to federal, state, and
local law enforcement officers that may be useful in the investigation of any criminal offense.
1.3.1
Refer to the Code of Virginia §19.2-310.5 (Appendix A) for specific requirements for the release of
information.
1.3.2
Refer to the Code of Virginia §19.2-310.6 (Appendix A) for penalties for unauthorized use of the DNA
Data Bank.
1.3.3
Refer to the Code of Virginia §19.2-310.2:1 (arrestees) [Appendix A] for specific instructions for sample
destruction and associated records.
1.3.4
Refer to the Code of Virginia §19.2-310.7 (convicted offenders) [Appendix A] for specific requirements
for expungement of information and sample destruction.
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2 Sample Origin
2
2.1
SAMPLE ORIGIN
As required by the Code of Virginia (§§16.1-299.1, 19.2-310.2 and 19.2-310.2:1) [Appendix A] every person
convicted of a felony on or after July 1, 1990, every person convicted of a felony offense under Article 7 (§18.2-61
et seq.) of Chapter 4 of Title 18.2 who was incarcerated on July 1, 1989, any juvenile convicted of a felony or
adjudicated delinquent on the basis of an act which would be a felony if committed by an adult (provided the
juvenile was fourteen years of age or older at the time of the commission of the offense), and every person arrested
for certain violent felonies and burglaries is required to have a sample of blood, saliva, or tissue taken if a
convicted offender or a sample of saliva or tissue taken if an arrestee for DNA analysis and incorporation into the
Virginia DNA Data Bank and subsequent entry into CODIS.
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2.2
All samples must be taken in accordance with the Code of Virginia §§ 19.2-310.3 (convicted offenders) and
19.2.310.3:1 (arrestees) [refer to Appendix A].
2.3
Either buccal cells or blood may be collected from convicted offenders. A purple top vacutainer tube should be
used for the collection of a blood sample (preservative EDTA). A buccal DNA collection kit provided by the
Department of Forensic Science will be used to collect buccal cells from arrestees and convicted offenders.
2.4
The majority of DNA Data Bank samples originate from inmates housed in facilities of the Virginia Department of
Corrections, regional and local jails throughout the state, and state juvenile detention facilities. Arrestee samples
are typically taken at the booking station. Occasionally blood or buccal swab samples from convicted offenders
who are not required to serve time will be accompanied to the drawing facility by an officer of the court who will
take custody of the sample immediately upon its withdrawal, thereby ensuring that the chain of custody of the
sample remains intact. Samples may also be submitted from Virginia inmates who are housed in out-of-state
correctional facilities through the Virginia Interstate Corrections Compact. Samples may also come from inmates
on parole and supervised by the Department of Corrections that have come through the interstate compact that
have convictions in other states.
2.5
All samples received into the Virginia DNA Databank are considered to be reference samples.
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3 Receipt of Blood Sample into the Department of Forensic Science
3
RECEIPT OF BLOOD SAMPLES INTO THE DEPARTMENT OF FORENSIC SCIENCE
CAUTION: DISPOSABLE GLOVES MUST BE WORN WHEN HANDLING BLOOD SAMPLES!
3.1
3.2
3.3
DNA Data Bank samples may be hand delivered to any of the Department’s four laboratories and must be
submitted to the DFS by a person authorized to deliver the samples, i.e., from law enforcement personnel or
employees of jails, detention facilities, etc. (Note: Employees of doctor’s offices and local health departments are
NOT authorized to submit DNA Data Bank samples.) Samples may also be received from authorized persons via
mail or parcel service as long as the chain of custody is traceable and next day delivery is guaranteed. If a Blood
sample is submitted for inclusion in the DNA Data Bank, Evidence receiving staff should notify the DNA Data
Bank Supervisor immediately.
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The submission of all convicted offender blood samples must be accompanied by the following documentation.
This documentation should NOT be listed on a Request For Laboratory Examination form, so that it will not be
confused with the submission of a suspect known.
3.2.1
Offender’s name, social security number, date of birth, race, gender, SID number and alias information
3.2.2
Agency’s name and ORI, printed name and signature of the person collecting the sample, date of sample
collection
Prior to signing the chain of custody for receipt of the samples, a member of the DFS security staff, a member of
the DNA Data Bank staff, or any other authorized DFS staff member will verify that the samples to be submitted
are sealed and are the same as those listed on the accompanying documentation.
3.3.1
If a tube is not sealed, the DFS staff member will request that the submitter seal the tube with tape. If the
submitter is unwilling to do so, the sample cannot be received by the DFS and the unsealed sample shall
be returned to the submitter. The sample information on the accompanying documentation must be lined
through (NOT OBLITERATED) and initialed by the DFS staff member receiving the samples. This
individual will write on the submission form beside the lined through information that the tube was
unsealed and returned to the submitter.
3.3.2
If the accompanying documentation lists a sample that is not received, the inmate information on the form
will be lined through (NOT OBLITERATED) and initialed by the DFS staff member receiving the
samples. This individual will write on the accompanying documentation beside the lined through
information that the sample was not received. The submitter may be requested to call the submitting
facility before leaving DFS to notify the appropriate person of the missing sample.
3.3.3
If a sample is submitted, but not listed on the accompanying documentation, the sample is given to the
submitter for return to the submitting facility.
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3.4
After the DFS representative has verified that each sample listed on the accompanying documentation has actually
been submitted, the submitter will sign and date the accompanying documentation to maintain the Chain of
Custody for the samples. The DFS staff member receiving the samples will also sign and date the accompanying
documentation for receipt of the samples..
3.5
When samples are received via mail or parcel service, the accompanying documentation will be signed and dated
by a member of the DNA Data Bank staff immediately upon receipt of the samples. All accompanying paperwork
which documents the delivery of the samples will be stapled to the back of the blood sample submission
documentation. These documents will be retained as a permanent record by the DNA Data Bank.
3.6
The chain of custody on the accompanying documentation should completely document all DFS personnel who
handle the samples through receipt of the samples into the DNA Data Bank.
DNA Databank Operating Policies and Procedures Manual
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DFS Document 211-D100
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4 Receipt of Blood Samples into the DNA Data Bank
4
RECEIPT OF BLOOD SAMPLES INTO THE DNA DATA BANK
CAUTION: DISPOSABLE GLOVES MUST BE WORN WHEN HANDLING BLOOD SAMPLES!
4.1
The DNA Data Bank staff member receiving the samples will sign and date the chain of custody located at the
bottom of the accompanying documentation.
4.2
Upon receipt of the samples in the DNA Data Bank, the samples will either be stored in a locked refrigerator or the
DNA Data Bank staff will immediately proceed with the steps outlined below.
4.3
If a blood sample is received in a tube other than a purple top vacutainer tube (preservative EDTA), the chief
medical representative or supervisor of the medical facility that submitted the blood will be notified by telephone
that another blood sample from that particular individual is needed.
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4.3.1
This request will be followed up by sending the sample letter found in Appendix B.
4.3.2
The DNA Data Bank staff member will access the “Problem Letter Applications Program” and check the
field “Felon Letter (Blood)” to obtain the electronic version of the Offender Blood Letter. While the form
letter is on the computer screen, as represented in the diagram below, the user will enter the DNA sample
number and to whom the letter will be addressed into the appropriate designated fields. In addition, the
user will check the box with the blank message field specified for “Comments” and will type an
explanation of the problem in the designated field.
4.3.3
To generate the form letter containing only the information in the category(ies) selected, the user will
click on the “Create Letter” tab. The “Problem Letter Applications Program” will automatically add the
agency name and address and the name of the convicted offender to the form letter.
4.3.4
The letter will be printed on plain paper, then provided to the DNA Data Bank Supervisor or designee for
review and signature before the letter is mailed. The “Problem Letter Applications Program” will
automatically generate the letterhead portion of the form letter.
4.3.5
In addition, a copy of the accompanying documentation with the appropriate inmate information
highlighted will accompany the form letter. A copy of this letter will be retained in the DNA Data Bank
“PROBLEM LETTER” notebook. DO NOT DISCARD THIS SAMPLE! IT WILL BE ASSIGNED A
DNA DATA BANK NUMBER AND ALIQUOTED ONTO A STAIN CARD.
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4.4
A member of the DNA Data Bank staff will ensure that a sample has been received for each person listed on the
accompanying documentation This individual will simultaneously examine each tube of blood carefully to ensure
DNA Databank Operating Policies and Procedures Manual
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4 Receipt of Blood Samples into the DNA Data Bank
that the tube is not broken and the contents are not putrefied and will remove the tape seal from each tube. If a tube
is broken or the contents putrefied, the procedures set forth below will be followed.
4.4.1
The sample will be discarded in a biohazard waste bin.
4.4.2
The problem and the fact that the sample has been discarded will be noted on the front of the
accompanying documentation and initialed by the person noting the problem/discarding the sample.
4.4.3
As the sample information is entered in the DNA Data Bank tracking computer, the problem will be
noted in the “Remarks” section. Although these samples have been discarded, the associated inmate
information will subsequently be assigned a DNA Data Bank number.
4.4.4
A phone call will be made to the submitting agency requesting that a new sample must be submitted. The
phone call will be documented (name of person notified and date) and initialed by the person making the
call.
4.4.5
The sample letter found in Appendix B, will be sent as a follow-up to the phone call. The DNA Data
Bank staff member will access the “Problem Letter Applications Program” and check the field “Felon
Letter (Blood)” to obtain the electronic version of the Offender Blood Letter. While the form letter is on
the computer screen, as represented in the diagram above, the user will enter the DNA sample number
and to whom the letter will be addressed into the appropriate designated fields. In addition, the user will
check the box with the blank message field specified for “Comments” and will subsequently type an
explanation of the problem in the designated field.
4.4.6
To generate the form letter containing only the information in the category(ies) selected, the user will
click on the “Create Letter” tab. The “Problem Letter Applications Program” will automatically add the
agency name and address and the name of the convicted offender to the form letter.
4.4.7
The letter will be printed on plain paper, then provided to the DNA Data Bank Supervisor or designee for
review and signature before the letter is mailed. The “Problem Letter Applications Program” will
automatically generate the letterhead portion of the form letter. In addition, a copy of the DNA Data Bank
Samples Submission Form with the appropriate inmate information highlighted will accompany the form
letter.
4.4.8
A copy of this letter will be retained in the DNA Data Bank “PROBLEM LETTER” notebook.
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4.5
A member of the DNA Data Bank staff will check to ensure that the chain of custody information for the
submitted samples is complete.
4.5.1
If the information is not complete, this will be noted on the front of the accompanying documentation and
initialed by the person noting the problem.
4.5.2
An example of the letter that will be sent to the submitting agency is located in Appendix B (DNA Data
Bank Offender Blood Sample Form Letter). The DNA Data Bank staff member will access the “Problem
Letter Applications Program” and check the field “Felon Letter (Blood)” to obtain the electronic version
of the Offender Blood Letter. While the form letter is on the computer screen, as represented in the
diagram above, the user will enter the DNA sample number and to whom the letter will be addressed into
the appropriate designated fields. In addition, the user will check the “Chain Of Custody Not Filled Out
Completely” box. The DNA Data Bank member will also check the field with the blank message field
specified for “Comments” and request that the chain of custody information be completed and that the
form be returned.
4.5.3
To generate the form letter containing only the information in the category(ies) selected, the user will
click on the “Create Letter” tab. The “Problem Letter Applications Program” will automatically add the
agency name and address and the name of the convicted offender to the form letter.
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4 Receipt of Blood Samples into the DNA Data Bank
4.5.4
4.6
The letter will be printed on plain paper, then provided to the DNA Data Bank Supervisor or designee for
review and signature before the letter is mailed. The “Problem Letter Applications Program” will
automatically generate the letterhead portion of the form letter. In addition, a copy of the DNA Data Bank
Samples Submission Form with the appropriate information/area highlighted will accompany the form
letter.
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4.5.5
A copy of this letter will be retained in the DNA Data Bank “PROBLEM LETTER” notebook.
4.5.6
When the copy of the accompanying documentation with the correctly completed chain of custody
information is returned, it will be filed with the original DNA Data Bank Samples Submission Form.
If the handwriting on the sample and/or on the accompanying documentation is illegible, then the procedures
outlined below will be followed.
4.6.1
The problem will be noted on the accompanying documentation and initialed by the person noting the
problem.
4.6.2
The letter found in Appendix B, will be sent to the chief medical representative or supervisor of the
medical facility that submitted the blood. The DNA Data Bank staff member will access the “Problem
Letter Applications Program” and check the field “Felon Letter (Blood)” to obtain the electronic version
of the Offender Blood Letter. While the form letter is on the computer screen, as represented in the
diagram above, the user will enter the DNA sample number and to whom the letter will be addressed into
the appropriate designated fields. In addition, the user will check the “Illegible Handwriting on
Submission Form”, “Incomplete Agency Address”, or “Agency Phone Number Not Provided” box.
4.6.3
To generate the form letter containing only the information in the category(ies) selected, the user will
click on the “Create Letter” tab. The “Problem Letter Applications Program” will automatically add the
agency name and address and the name of the convicted offender to the form letter.
4.6.4
The letter will be printed on plain paper, then provided to the DNA Data Bank Supervisor or designee for
review and signature before the letter is mailed. The “Problem Letter Applications Program” will
automatically generate the letterhead portion of the form letter. In addition, a copy of the accompanying
documentation with the appropriate information highlighted will accompany the form letter.
4.6.5
A copy of this letter will be stored in the DNA Data Bank “PROBLEM LETTER” notebook.
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5 Processing, Preserving and Storing Convicted Offender Blood Samples
5
PROCESSING, PRESERVING AND STORING CONVICTED OFFENDER BLOOD SAMPLES
5.1
Each blood sample is assigned a unique DNA number by the DFS.
5.2
Prior to processing a blood sample, the convicted offender information associated with the sample will be checked
against the information in the DNA Data Bank tracking computer to ensure that a sample from the offender has
not previously been submitted to the DFS. If the sample is a duplicate of a sample that has already been received
by the DFS, this will be noted on the right side of accompanying documentation and initialed by the individual
verifying the information. Subsequently the duplicate samples will be discarded.
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NOTE: DISPOSABLE GLOVES, DISPOSIBLE LABORATORY COAT, FACE MASK AND SHIELD
MUST BE WORN WHEN HANDLING BLOOD SAMPLES!
5.3
5.4
Two DNA Data Bank staff members, one with the racks of samples and the other with the accompanying
documentation, will simultaneously place identical barcodes on the blood tubes, on the accompanying
documentation beside the corresponding sample information, on the stain card and the sample envelope. Duplicate
samples only need the barcode applied to the sample tube and the submission form, not a stain card or envelope.
These staff members will verify that the barcode labels on the tubes match the corresponding data on the
accompanying documentation and that the information contained on the form is identical to that on the
corresponding sample This verification will be documented on the accompanying documentation using a stamp
containing the wording “Verified By (initials)”. Both DNA Data Bank staff members will initial the accompanying
documentation. The Code of Virginia §19.2-310.3 (Appendix A) requires that each sample be labeled with the
following information:
5.3.1
Subject’s name
5.3.2
Name of the person collecting the sample
5.3.3
Subject’s social security number
5.3.4
Subject’s date of birth
5.3.5
Date of sample collection
5.3.6
Subject’s race
5.3.7
Subject’s gender
If any of the information is missing or differs on the blood sample and the accompanying documentation, the
procedures outlined below will be followed.
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5.4.1
The problem will be noted on the accompanying documentation and initialed by the person noting the
problem.
5.4.2
If information is missing or discrepant information is observed and the blood sample is received from
either a jail or a DOC facility, the facility will be contacted to obtain the correct information.
Alternatively, DFS staff will conduct a search of VCIN to obtain the missing information.
5.4.2.1
Once the correct information is obtained, the person making the correction will initial and
date the correction on accompanying documentation.
5.4.2.2
If a phone call is made to the submitting facility, the person making the correction will initial
and date the correction on the accompanying documentation. In addition, the caller will
document on the back of the accompanying documentation the name of the person who
provided the corrected information, the date the information was provided, the initials of the
person making the correction on the accompanying documentation, and the date the correction
was made with reference to the appropriate DNA Data Bank sample number.
DNA Databank Operating Policies and Procedures Manual
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DFS Document 211-D100
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5 Processing, Preserving and Storing Convicted Offender Blood Samples
5.5
The DNA Data Bank staff member verifying the subject’s name, name of the person collecting the sample,
subject’s social security number, name of the facility where the sample was collected, subject’s date of birth, date
of sample collection, subject’s race, and the subject’s gender will ensure that the sample has been submitted to the
DFS within 15 days of withdrawal as required by the Code of Virginia §19.2-310.3 (Appendix A). If more than 15
days have elapsed between sample withdrawal and submission to DFS the procedures outlined below will be
followed.
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5.6
5.5.1
The problem will be noted on the front of the accompanying documentation, dated and initialed by the
person noting the problem.
5.5.2
A phone call will be made to the submitting agency regarding the problem. The phone call will be
documented on the back of the accompanying documentation, listing the problem, the date, the name of
the person contacted, and the initials of the person making the contact. DO NOT DISCARD THIS
SAMPLE THE SAMPLE SHOULD BE ALIQUOTED ONTO A STAIN CARD.
5.5.2.1
The form letter found in Appendix B, Offender Blood Sample Form Letter, will be sent as a
follow-up to the phone call. The DNA Data Bank staff member will access the “Problem
Letter Applications Program” and check the field “Felon Letter (Blood)” to obtain the
electronic version of the Offender Blood Letter. While the form letter is on the computer
screen, as represented in the diagram above, the user will enter the DNA sample number and
to whom the letter will be addressed into the appropriate designated fields. In addition, the
user will check the “Blood Sample Not Delivered…” box.
5.5.2.2
To generate the form letter containing only the information in the category(ies) selected, the
user will click on the “Create Letter” tab. The “Problem Letter Applications Program” will
automatically add the agency name and address and the name of the convicted offender to the
form letter.
5.5.2.3
The letter will be printed on plain paper, then provided to the DNA Data Bank Supervisor or
designee for review and signature before the letter is mailed. The “Problem Letter
Applications Program” will automatically generate the letterhead portion of the form letter. In
addition, a copy of the DNA Data Bank Samples Submission Form with the appropriate
information highlighted will accompany the form letter.
5.5.2.4
A copy of this letter will be stored in the DNA Data Bank “PROBLEM LETTER”
notebook.
The DNA Data Bank staff members verifying the subject’s name, name of the person collecting the sample,
subject’s social security number, name of the facility where the sample was collected, subject’s date of birth, date
of sample collection, subject’s race, and the subject’s gender will ensure that all samples submitted from juveniles
meet the requirement of “fourteen years of age or older at the time of the commission of the offense” as required
by the Code of Virginia §16.1-299.1 (Appendix A). If it appears that a sample was submitted from a juvenile who
was under fourteen years of age at the time of the commission of the offense, the procedures outlined below will
be followed.
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5.6.1
The problem will be noted on the accompanying documentation, dated and initialed by the person noting
the problem.
5.6.2
A phone call will be made to the submitting agency or Clerk of the Court to verify the juvenile offender’s
age at the time of the commission of the offense. The phone call will be documented on the back of the
accompanying documentation, listing the problem, the date, the name of the person contacted, and the
initials of the person making the contact, and a reference to the appropriate DNA Data Bank sample
number.
5.6.3
If the juvenile offender was under the age of fourteen at the time of the commission of the offense the
sample and associated paperwork will be destroyed. No identifying information will be maintained in the
DNA Data Bank tracking computer.
DNA Databank Operating Policies and Procedures Manual
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5 Processing, Preserving and Storing Convicted Offender Blood Samples
5.6.3.1
5.6.4
The destruction of the sample will be witnessed and documented on the Sample and Records
Destruction Form. The documentation will include the initials of the individual who destroyed
the sample and the date, as well as the initials of the individual who witnessed the destruction.
The Counsel for the Department of Forensic Science will be notified of the sample destruction. The
Department’s Counsel will subsequently send the Clerk of Court a letter of notification that the sample
was not a legal sample and has been removed from the Virginia DNA Data Bank. A copy of the letter,
along with the Sample and Records Destruction Form, will be maintained by the DNA Data Bank in the
“Juvenile Sample Destruction Book” notebook.
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5.7
Two members of the DNA Data Bank staff (referred to below as staff member #1 and staff member #2) are
required to preserve the DNA Data Bank blood samples.
5.8
Prior to sample processing, blue pads will be placed on top of the table where the convicted offender samples are
processed. The blue pads will ensure ease of cleanup after the aliquoting process has been completed.
CAUTION! EACH STAFF MEMBER MUST WEAR A DISPOSABLE LAB COAT, DISPOSABLE
GLOVES (DOUBLE-GLOVING IS RECOMMENDED), FACE MASK AND SHIELD
WHEN ALIQUOTING THE BLOOD SAMPLES ONTO STAIN CARDS. THESE
PRECAUTIONS MUST BE TAKEN PRIOR TO SAMPLE PRESERVATION.
5.9
The procedure outlined in the following section is a documented witness procedure. Both staff members can
aliquot the blood samples and use each other as the witness.
5.10 Preserving Liquid Blood Samples on Stain Cards
5.10.1
5.10.2
Safety and Other Considerations
5.10.1.1
Perform the procedure on a clean flat surface.
5.10.1.2
Perform the procedure in a well ventilated area.
5.10.1.3
Avoid drafty areas and areas subject to temperature and/or humidity extremes.
5.10.1.4
Wear a disposable laboratory coat, gloves (double gloves are recommended), face mask and
shield.
5.10.1.5
Disinfect all surfaces and tools with a 10% solution of commercial bleach.
5.10.1.6
Wash hands with soap and water immediately after removing gloves.
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5.10.1.7
Change gloves frequently to avoid cross-contaminating samples and when they become
contaminated with blood.
5.10.1.8
Uncap and aliquot samples onto the appropriately labeled bloodstain cards one at a time to
prevent sample cross-contamination and/or mix-up.
Supplies
5.10.2.1
Bloodstain cards – Whatman WB100014
5.10.2.2
Disposable transfer pipettes
5.10.2.3
Kimwipes
DNA Databank Operating Policies and Procedures Manual
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5 Processing, Preserving and Storing Convicted Offender Blood Samples
5.10.3
Procedure For Preserving Liquid Blood Samples on Stain Cards
5.10.3.1
Prior to opening the blood vial, the barcode on the blood vial will be compared to the barcode
on the stain card. This process will be witnessed.
5.10.3.2
Mix the blood in the tube by gently inverting the tube several times.
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CAUTION: WHEN MIXING THE SAMPLES, TAKE CARE THAT THE STOPPER
DOES NOT BECOME DISLODGED FROM THE TOP OF THE TUBE.
5.10.3.3
UNCAP THE TUBE SO AS TO PREVENT ANY CONTAMINATING SPATTER
THAT MAY OCCUR AS THE SUCTION IS BROKEN IN THE TUBE. A Kimwipe may
be useful for covering the cap while it is being twisted off of the tube.
5.10.3.4
Using a clean disposable transfer pipette for each blood sample, transfer the blood from the
tube to the appropriately labeled stain card. ONLY ONE SAMPLE WILL BE HANDLED
AT A TIME.
CAUTION: DO NOT OVER-SATURATE THE CARD (POOLING, DRIPS AND
SPILL-OVER CAN OCCUR).
5.10.3.5
Immediately following the aliquoting of a blood sample onto a stain card, place the blood vial
and disposable transfer pipette in a biohazard waste bin.
5.10.3.6
Place the stain cards into racks and place the racks in the bio-safety hoods to complete the
drying process overnight.
5.10.3.7
After all stain cards have been placed into the racks in the bio-safety hoods, remove the blue
pads and place them in a biohazard waste bin. Disinfect the table surface using a 10%
solution of commercial bleach.
5.10.3.8
The initials of the two DNA Data Bank staff member who conducted the aliquoting process
will be documented on the documentation which accompanied the sample. The
documentation will be conducted using a stamp containing the wording “Aliquoted By
(initials)” and “Verified By (initials)”. In addition a stamp containing the wording “Tube
Sealed (initials)” will also be used to indicate that all the tubes received were sealed.
5.10.3.9
Once the stain cards have COMPLETELY DRIED (minimum time required is overnight),
each stain card will be placed into its correspondingly labeled envelope.
5.10.3.10 The envelopes will be placed in numerical order in a numbered storage box.
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5.10.3.11 Box numbers are assigned in advance to each group of 250 samples. This information is
found in the DNA Data Bank “STORAGE BOX” log book.
5.10.3.12 The box to which each sample is assigned for storage is maintained with the sample
information in the DNA Data Bank tracking computer to ensure ease in locating each sample.
5.10.3.13 Once the box is filled, the convicted offender samples are immediately placed into the DNA
Data Bank Sample Storage Room.
5.10.3.14 The data from the accompanying documentation will be entered into the DNA Data Bank
tracking computer using the DNAWEB Applications manual.
DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
Revision 2
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6 Receipt of Buccal DNA Collector Storage Envelopes Into the Department of Forensic Science
6
RECEIPT OF BUCCAL DNA COLLLECTOR STORAGE ENVELOPES INTO
THE DEPARTMENT OF FORENSIC SCIENCE
6.1
Each buccal DNA collector storage envelope is assigned a unique DNA number that is pre-printed on the
submission form attached to the envelope (refer to Document 211-F100). Each DNA number contains an eight
digit number (e.g., 20419687).
6.2
The buccal DNA collector storage envelopes may be hand delivered to any of the Department’s four laboratories
or may be returned via mail in a sealed mailing envelope to the Department. All buccal DNA collector storage
envelopes that are returned to the Department by mail should be addressed to the Central Laboratory.
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DEPARTMENT
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6.2.1
6.3
If a buccal DNA collector storage envelope is mailed to a regional laboratory, refer to the instructions for
“Returned Via Mail” outlined below. The regional laboratory security personnel will ensure the buccal
DNA collector storage envelope is transferred to the Central Laboratory DNA Data Bank along with the
envelopes that are hand delivered.
Hand Delivered
For buccal DNA collector storage envelopes that are hand delivered to the Department, the procedure outlined
below will be followed.
6.4
6.3.1
Upon receipt of the buccal DNA collector storage envelope, the envelope will be date stamped and
initialed by the individual in security who takes receipt of the envelope. If it is not possible to date stamp
the buccal DNA collector storage envelope, the date of receipt will be hand written on the outside of the
envelope followed by the initials of the individual in security who takes receipt of the envelope.
6.3.2
The integrity seal will be verified to ensure the envelope was sealed upon receipt. If the seal has been
broken the buccal DNA collector storage envelope will still be accepted. However, this will be noted on
the outside of the envelope and dated and initialed by the individual in security who made the
observation.
6.3.3
The buccal DNA collector storage envelope will not be opened by the security personnel receiving the
envelope. If an arrest warrant accompanies the buccal DNA collector storage envelope and has not been
placed inside the envelope, the security personnel receiving the envelope will ensure it corresponds to the
name of the individual listed on the sample submission form attached to the envelope (refer to Document
211-F100). Staple the arrest warrant to the outside of the buccal DNA collector storage envelope.
6.3.4
All of the fields on the submission form (refer to Document 211-F100) will be reviewed to ensure that the
appropriate ones (arrestee vs. convicted offender) have been filled out.
6.3.5
Regional Laboratories: All buccal DNA collector storage envelopes received by a regional laboratory
will be placed into a container/storage bin once date stamped and initialed. Subsequently, the envelopes
will be transferred to the Central Laboratory DNA Data Bank on the evidence van each week.
6.3.6
Central Laboratory: All of the buccal DNA collector storage envelopes will be placed into a
container/storage bin once date stamped and initialed. Once daily, samples will be received into the DNA
Data Bank from evidence receiving for further processing.
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Returned Via Mail
If the buccal DNA collector storage envelopes are returned to the Department of Forensic Science by mail,
evidence receiving will remove the buccal DNA collector storage envelope from the mailing envelope. The
storage envelope will be date stamped and initialed. In addition, the mailing envelope will be stapled to the buccal
DNA collector storage envelope in case it is necessary to obtain the name of the agency that sent the sample.
DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
Revision 2
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7 Receipt, Processing and Storage of Buccal DNA Collector Storage Envelopes by the DNA Data Bank
7
7.1
RECEIPT, PROCESSING AND STORAGE OF BUCCAL DNA COLLECTOR
STORAGE ENVELOPES BY THE DNA DATA BANK
Once daily, samples will be received into the DNA Data Bank from the Central Laboratory evidence receiving
section. The area on the sample submission form designated “FOR DFS USE ONLY” will be completed by the
member of the DNA Data Bank staff who processes the samples.
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NOTE: All buccal DNA collector storage envelopes will be processed within 72 hours of receipt into the DNA
Data Bank.
7.2
The sample submission form (refer to Document 211-F100) will be reviewed by a DNA Data Bank staff member
to ensure that all appropriate information (arrestee vs. convicted offender) is complete. If any required information
is missing from the submission form the procedures outlined below will be followed.
7.2.1
7.2.2
Collecting Agency ORI Number (Arrestees and Convicted Offender): If the “Collecting Agency ORI
Number” is missing and if an arrest warrant is stapled to the outside of the envelope, obtain the agency
information from the arrest warrant. If no arrest warrant is found exterior to the envelope, the buccal
DNA collector storage envelope will be opened. This information may also be available on the mailing
envelope.
7.2.1.1
If an arrest warrant is present inside the storage envelope, the warrant will be used to
determine which agency submitted the sample. The VCIN Number/Agency notebook will be
used to locate the ORI number, which will be added to the “Collecting Agency ORI” field on
the sample submission form. The individual who made the addition to the sample submission
form will initial and date the submission form next to the added information.
7.2.1.2
If no arrest warrant is present inside the storage envelope, the letter found in Appendix D
DNA Data Bank, Arrestee Buccal Sample Form Letter, will be sent to the collecting
officer/submitting agency notifying them of the problem. Refer to section 7.2.9 for
instructions on how to process the problem letter. If the sample is from an arrestee and no
arrest warrant is present, follow the instructions addressed in section 7.2.3, Qualifying
Offense Code, listed below.
Race, SS #, DOB, Date Collected, and Thumbprints (Arrestees and Convicted Felons): If the
thumbprints and/or information for the race, social security number, date of birth, or date collected are
missing, the letter found in Appendix C, DNA Data Bank Offender Buccal Sample Form Letter or
Appendix D, DNA Data Bank Arrestee Buccal Sample Form Letter, will be sent to the collecting
officer/submitting agency notifying them of the problem and requesting the missing information, if
possible, to be provided to the DNA Data Bank.
7.2.2.1
7.2.3
7.2.4
Refer to section 7.2.9 for instructions on how to process the problem letter.
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Qualifying Offense Code Section (Only for Arrestees): If the “Qualifying Offense Code” is missing
from the buccal DNA collector storage envelope submitted for an ARRESTEE and the arrest warrant is
stapled to the outside of the envelope, the Qualifying Offense Code will be obtained from the arrest
warrant. If no arrest warrant is found exterior to the envelope, the buccal DNA collector storage envelope
will be opened and the information will be obtained from the arrest warrant. Add the qualifying offense
code to the “Qualifying Offense Code Section” on the submission form.
7.2.3.1
If no arrest warrant was provided, the letter found in Appendix D, will be sent to the
collecting officer/submitting agency notifying them of the problem and requesting the missing
arrest warrant to be provided to the DNA Data Bank.
7.2.3.2
Refer to section 7.2.9 for instructions on how to process the problem letter.
DCN (Only for Arrestees): If the “DCN” is missing from a buccal DNA collector storage envelope
submitted for an ARRESTEE, the letter found in Appendix D, will be sent to the collecting
DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
Revision 2
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7 Receipt, Processing and Storage of Buccal DNA Collector Storage Envelopes by the DNA Data Bank
officer/submitting agency notifying them of the problem and requesting the missing information be
provided to the DNA Data Bank. If the DCN is missing from the submission form, an authorized member
of the DNA Data Bank staff will search and attempt to find this number using the VCIN computer.
7.2.4.1
Refer to section 7.2.9 for instructions on how to process the problem letter.
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DEPARTMENT
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7.2.5
7.2.6
Arrestee or Convicted Felon: If neither the “Arrestee” nor “Convicted Felon” box has been checked, the
buccal DNA collector storage envelope will be opened to determine if the storage envelope contains an
arrest warrant.
7.2.5.1
If an arrest warrant is present and contains a qualifying offense code, check the “Arrestee”
box. A court order, capias, or indictment can also be used
7.2.5.2
If no arrest warrant is present, a phone call will be made to the submitting agency to obtain
the information. The phone call will be documented (name of person notified and date) on the
submission form. In addition, the letter found in Appendix C or Appendix D will be sent to
the collecting officer/submitting agency notifying them of the problem and requesting the
missing information be provided to the DNA Data Bank.
7.2.5.3
Refer to section 7.2.9 for instructions on how to process the problem letter.
Sample Collected By (Arrestees and Convicted Felons): If the printed name and signature of the
individual collecting the buccal DNA sample is missing in the “Sample Collected By” box, the letter
found in Appendix C or Appendix D will be sent to the collecting officer/submitting agency notifying
them of the problem and requesting the missing information be provided to the DNA Data Bank.
7.2.6.1
7.2.7
Arresting or Accompanying Officer (Only for Arrestees): If the arresting or accompanying officer’s
name is missing from the buccal DNA collector storage envelope, the arrestee warrant should be
reviewed for the name and if available entered on the buccal submission form. The individual entering the
information will initial and date the form. If the arresting or accompanying officer’s name is not
available, the letter found in Appendix D, will be sent to the submitting agency notifying them of the
problem and requesting the missing information be provided to the DNA Data Bank.
7.2.7.1
7.2.8
7.2.9
Refer to section 7.2.9 for instructions on how to process the problem letter.
Refer to section 7.2.9 for instructions on how to process the problem letter.
The information contained in the “Date Collected” box will be verified to ensure that the buccal DNA
collector storage envelope has been submitted to the DFS within 15 days of collection as required by the
Code of Virginia §§19.2-310.3 (convicted offender) and 19.2-310.3:1 (arrestee) [Appendix A]. If more
than 15 days have elapsed between sample collection and submission to DFS, the procedures outlined
below will be followed.
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7.2.8.1
The letter found in Appendix C or Appendix D, will be sent to the collecting
officer/submitting agency notifying them of the problem.
7.2.8.2
Refer to section 7.2.9 for instructions on how to process the problem letter.
A problem letter will be issued for any of the situations addressed in sections 7.2.1-7.2.8 following the
steps outlined below.
7.2.9.1
Access the “Problem Letter Applications Program” and check the field “Felon Letter (Buccal
Swab)” or the “Arrestee Letter”, as appropriate, to obtain the electronic version of the
Offender or Arrestee Buccal Letter (Appendix C or Appendix D). While the form letter is on
the computer screen, as represented in the diagrams below, enter the DNA sample number
and to whom the letter will be addressed into the appropriate designated fields. In addition,
check the “Collection Agency ORI Number Field Not Completed” box.
DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
Revision 2
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7 Receipt, Processing and Storage of Buccal DNA Collector Storage Envelopes by the DNA Data Bank
7.2.9.2
To generate the form letter containing only the information in the category(ies) selected, click
on the “Create Letter” tab. The “Problem Letter Applications Program” will automatically add
the agency name and address, the name of the arresting or accompanying officer (if
applicable), and the name of the arrestee or convicted offender to the form letter.
7.2.9.3
The letter will be printed on plain paper and then provided to the DNA Data Bank Supervisor
for review and signature before the letter is mailed. The “Problem Letter Applications
Program” will automatically generate the letterhead portion of the form letter.
7.2.9.4
A copy of the letter will be stored in the “DNA Data Bank Problem Letter” notebook. If the
submitting agency cannot be determined, the ORI Number “VA9999999” will be entered into
the DNA Data Bank tracking computer.
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Offender Buccal Letter Screen:
Arrestee Buccal Letter Screen:
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7.2.10
The information contained in the “Date of Birth” box will be verified to ensure that all buccal samples
submitted from juveniles meet the requirement of “fourteen years of age or older at the time of the
DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
Revision 2
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7 Receipt, Processing and Storage of Buccal DNA Collector Storage Envelopes by the DNA Data Bank
commission of the offense” as required by the Code of Virginia §16.1-299.1 (Appendix A). If it appears
that a sample was submitted from a juvenile who was under fourteen years of age at the time of the
commission of the offense, the procedures outlined below will be followed.
7.2.10.1
The problem will be noted on the sample submission form, dated and initialed by the person
noting the problem.
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DEPARTMENT
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7.2.10.2
A phone call will be made to the submitting agency or Clerk of the Court to verify the
juvenile offender’s age at the time of the commission of the offense. The phone call will be
documented on the submission form listing the problem, the date, the name of the person
contacted, and the initials of the person making the contact.
7.2.10.3
If the juvenile was under the age of fourteen at the time of the commission of the offense, the
sample and associated records will be destroyed. No identifying information will be entered
into the DNA Data Bank tracking computer. The comments “JUVENILE SAMPLE
UNDER THE AGE OF 14” will be entered into the name field and “SAMPLE
DESTROYED” will be entered into the comments field of the tracking computer.
7.2.10.3.1
7.2.10.4
The destruction of the sample will be witnessed and documented on the Sample
and Records Destruction Form. The documentation will include the initials of
the individual who destroyed the sample and the date, as well as the initials of
the individual who witnessed the destruction.
The Counsel for the Department of Forensic Science will be notified of the sample
destruction. The Department’s Counsel will subsequently send the submitting agency and/or
the Clerk of Court a letter notifying them that the sample was not a legal sample and has been
removed from the Virginia DNA Data Bank. A copy of this letter will be maintained in the
“Juvenile Sample Destruction Book” along with the Sample and Records Destruction Form.
7.3
If all of the information on the submission form has not been provided and it is not possible for the DNA Data
Bank staff member to go any further with the sample until the information is provided, the buccal DNA collector
storage envelope will be placed in a box labeled “Problem Box”. Once the missing information has been obtained
the processing of the sample will continue.
7.4
Once the submission form has been reviewed and all appropriate information has been obtained, the buccal DNA
collector storage envelopes will be separated based on the type of sample (Arrestee and Felony Offender).
7.4.1
Place the buccal DNA collector storage envelope from each category in numerical order based upon DNA
number. Subsequently, the DNA Data Bank staff member will sign and date the bottom submission form
attached to the envelope in the box labeled “For DFS Use Only”.
7.4.2
The top page of the sample submission form will be removed and placed in the appropriate stack in
numerical order based upon the DNA number. If it exists the carbon paper between the top and bottom
submissions forms will be shredded.
7.4.3
Stamp the buccal DNA collector storage envelope with the appropriate storage box number using a flip
stamp. Refer to paragraph 7.4.7 for the procedure used for numbering the storage boxes.
7.4.4
Open the buccal DNA collection storage envelope.
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DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
Revision 2
Page 17 of 43
7 Receipt, Processing and Storage of Buccal DNA Collector Storage Envelopes by the DNA Data Bank
7.4.5
If the sample was submitted from an arrestee the information on the arrest warrant inside the buccal DNA
collection storage envelope will be reviewed to ensure that the sample was collected based upon a
qualifying offense. If the statement, “Take Buccal Sample If LIDS Shows No Sample In Data Bank” is
missing from the lower left side of the arrest warrant, the offense code on the arrest warrant will be
verified against the list of qualifying offenses to determine if the individual was arrested based upon a
qualifying offense. Refer to the diagram below for an example of the appearance of the arrest warrant and
the location of the above listed statement.
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DEPARTMENT
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7.4.5.1
If the arrest warrant does not indicate the sample was collected in accordance with the Code
of Virginia §19.2-310.2:1 (Appendix A), enter the sample information into the DNA Data
Bank Tracking Computer and subsequently check in VCIN to determine if the individual has
been arrested for another qualifying offense. If no information is found in VCIN related to the
offense for which the individual has been arrested, continue to check VICN on a weekly basis
until the offense for which the individual has been arrested appears. In the meantime the
sample will be placed into the “Problem Box” and the sample will be made unavailable for
analysis in the tracking computer.
7.4.5.1.1
If it has been determined that there are additional qualifying offenses, contact
the agency and request a copy of the arrest warrant be sent to the DNA Data
Bank.
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7.4.5.1.2
If there are no qualifying offenses pending against the arrestee, the sample and
all associated paper work will be destroyed. The destruction of the sample will
be witnessed and documented on the arrestee cleared report provided by the
VSP as specified in Section 9 of this manual. The documentation will include
the initials of the individual who destroyed the sample and the date, as well as
the initials of the individual who witnessed the destruction. In addition, if
appropriate, the cleared report will also include the initials of the individual who
removed the electronic records from the DNA Data Bank tracking computer, the
LIDS website and CODIS and the date the records were removed.
7.4.5.1.3
If the sample was submitted from a convicted offender, no arrest warrant should
be found in the buccal DNA collection storage envelope. If paperwork
containing identifying information about the offender is submitted inside of the
DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
Revision 2
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7 Receipt, Processing and Storage of Buccal DNA Collector Storage Envelopes by the DNA Data Bank
buccal DNA collector storage envelope, the paperwork will be removed and
shredded.
7.4.6
While wearing gloves, the buccal collector will be removed from the envelope. The protective cap will be
removed from the collector and discarded in the biohazard trash or alternatively, the slider cover will be
slid back exposing the filter paper. The barcode on the sample will be verified to ensure that it matches
the barcode on the DNA buccal collection kit, then the collector will be placed back into the envelope. If
the barcode on the sample does not match the barcode on the buccal collection kit, the sample will be
made unavailable for analysis in the DNA Data Bank Tracking Computer. The submitting agency will be
contacted to identify the problem. If the problem cannot be identified a new sample will be requested.
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DEPARTMENT
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7.4.7
The storage envelopes will be placed in numerical order in a pre-numbered and dated box (i.e., box
number followed by a letter designator and the date range). The number will contain the letter “A” for
Arrestee, “F” for felony offender. The storage envelopes will be stored in the box, which is tracked
through the DNA Data Bank tracking computer, in numerical order based upon the date of receipt. Each
box will hold approximately 200 buccal DNA collector storage envelopes.
NOTE: The numeric box number will not be repeated (e.g., if a box numbered 2000A exists there will
not be a box numbered 2000F).
7.4.8
Once the storage box has been filled, the box will be placed into the DNA Data Bank Sample Storage
Room for permanent storage.
7.5
The top page of the sample submission forms, which were separated from the buccal DNA collector storage
envelope, will be loaded onto the optical character recognition scanner to capture the sample information for entry
into the DNA Data Bank tracking computer. The information that is scanned into the tracking computer will be
verified against the sample submission form to ensure the information has been accurately captured. Refer to the
DNAWEB Applications Manual for the procedure on the use of the optical scanner program for data entry.
7.6
Once the submission forms have been scanned and the data has been uploaded into the DNA Data Bank Tracking
Computer, manually enter the sample storage box number into the “Box Base Tool” field. Using the hand held
barcode scanner scan the DNA barcode number on each sample submission form in order to insert into the DNA
Data Bank Tracking Computer the storage box number for each buccal DNA collector storage envelope.
7.7
The top submission forms will be stored in numerical order based upon the date of receipt in numbered envelopes,
which correspond with the number on the sample storage box. These envelopes will be stored in a secure file
cabinet in the Data Bank office area.
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DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
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8 DNA Data Bank Sample Analysis, Documentation, Peer Review, and Entry of the DNA Profiles into CODIS
8
8.1
DNA DATA BANK SAMPLE ANALYSIS, DOCUMENTATION, PEER REVIEW,
AND ENTRY OF THE DNA PROFILES INTO CODIS
DNA analysis shall be conducted on blood, saliva, or tissue from convicted offenders and from saliva from
arrestees in accordance with the Commonwealth of Virginia Department of Forensic Science Forensic Biology
Section Procedure Manual, Section III - Fluorescent Detection PCR-Based STR DNA Protocol PowerPlex®16
BIO Systems Manual, Section V - QIAGEN BioRobot™ 9604 Procedure Manual and Section VI – Quality
Assurance Program DNA Typing of Biological Materials. Sample analyses are prioritized as follows: (1) hits, (2)
arrestees, (3) convicted offenders.
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DEPARTMENT
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8.1.1
The analysis of all convicted offender and arrestee samples conducted by the DFS will be witnessed at the
appropriate steps (i.e., when placing the sample into a single tube/well and when tube changes are made)
as specified on the analytical work sheets. At each step throughout the procedure where a witness is
required, the witness will place his/her initials on the analytical worksheet in the designated area.
8.1.2
The re-analysis of convicted offender samples for verification purposes as a result of a DNA Data Bank
hit, outlined in the Commonwealth of Virginia Department of Forensic Science Forensic Biology Section
DNA Data Bank Operating Policies and Procedures Manual, Chapter 11, Processing Data Bank Hits, will
not be witnessed provided only a hit verification sample is being loaded onto the typing gel. However,
“verification only” will be marked in the witness field on the analytical work sheets.
NOTE: Arrestee samples will not be verified by the DNA Data Bank prior to the casework examiner
verbally notifying the investigating officer of the hit or the issuance of the initial Certificate of
Analysis addressing the Data Bank hit. The direct comparison sample that is submitted after the
issuance of the initial Certificate of Analysis will serve as the verification of the match.
8.1.3
8.2
If a DNA Data Bank Analyst extracts a sample and no results are obtained, the analysis will be attempted
a second time. If no results are obtained again, and a duplicate sample is available, the duplicate sample
will be analyzed. If a duplicate sample does not exist, the inability to obtain a result for the sample will be
documented in the “Inmate Remarks” field of the DNA Data Bank tracking computer to notify the Data
Bank staff to save any duplicate sample(s) that may be received into the laboratory in the future. If an
additional sample is received, the DNA Data Bank Supervisor will be notified immediately that the
sample is available for analysis.
A file will be created for maintaining the technical documentation associated with the analysis of all convicted
offender or arrestee samples on a typing gel. The file number will be a unique number that coincides with the
typing gel number as specified below.
8.2.1
Each typing gel generated by the DFS will be numbered in consecutive order by Year-Month- Typing Gel
number.
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EXAMPLE: Typing gel 203-02-095 was analyzed in February (represented as 02) 2003 (represented as
203) and was the 95th gel to be analyzed for the year.
8.2.2
Each typing gel generated by the contract laboratory shall be numbered in consecutive order by Typing
Gel Number-Month-Year.
EXAMPLE: Typing gel 030-02-03 was analyzed in February (represented as 02) 2003 (represented as
03) and was the 30th gel to be analyzed in February 2003.
8.2.3
All notes, work sheets, photographs, printouts and other data used by the DFS Data Bank Analyst or the
contractor to support the conclusions shall be considered technical documentation.
8.2.3.1
Technical documents will contain the typing gel number, date and analyst’s initials on each
page.
DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
Revision 2
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8 DNA Data Bank Sample Analysis, Documentation, Peer Review, and Entry of the DNA Profiles into CODIS
8.2.3.2
Notes are intended to be permanent in nature and will be organized, neat and understandable,
and written in ink, not pencil.
8.2.3.3
Corrections to notes shall be initialed with a strikeout. No correction fluid, erasures and /or
obliterations will be used to make corrections.
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8.2.3.4
Laboratory photographs will be initialed and contain the typing gel number, analyst’s initials
and date.
8.2.3.5
Applicable work sheets will be used as required.
8.2.3.6
Abbreviations used in DFS Data Bank technical documentation (status/CODIS specimen
category) are defined as follows:
•
•
•
•
•
•
•
•
8.2.4
8.3
All file documentation will be maintained by the DNA Data Bank in a secure area. Access to this area is
limited to only authorized personnel. File documentation will be maintained in ring binders in the order of
the gel number.
A technical review will be conducted by a qualified DNA analyst on all gel images and associated documentation
generated by the DFS prior to entering the DNA profile into CODIS.
8.3.1
8.4
“FN” = felon, non-juvenile
“FJ” = felon, juvenile
“AN” = arrestee, non-juvenile
“AJ” = arrestee, juvenile
“M” = misdemeanant
“SI” = staff index
“O” = other, to include proficiencies
“RNS” = Request new sample
The review of the data generated by the DFS will be performed after the DNA analysis has been
completed using the Data Bank STR Peer Review Form.
All convicted offender and arrestee DNA profiles will be entered into the Combined DNA Index System (CODIS)
in accordance with the Commonwealth of Virginia Department of Forensic Science Forensic Biology Section
CODIS Operating Policies and Procedures Manual.
8.4.1
After the DNA profiles are imported into CODIS the analyst/technician will print the “SDIS
Reconciliation Report”. The number of samples on the report will be compared to the number of samples
on the imported Landscape sheet.
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8.4.1.1
If the number of samples imported is the same as the number of samples on the Landscape
sheets and there are no problems noted on the Reconciliation Report, the report will be
initialed and filed with the typing gel.
8.4.1.2
If the SDIS Reconciliation Report indicates that there are problems on the report or the
number of samples on the report does not match the number of samples on the Landscape
sheet, the problem will immediately be investigated and corrected. The analyst will note the
problem and corrective action taken, and initial the SDIS Reconciliation Report. The report
will be filed with the typing gel package.
8.4.1.3
Once the DNA profiles have been imported into CODIS the “Specimen Inventory Report”
and the “Inventory Report with Readings” will be printed. The sample numbers on the
Specimen Inventory Report will be compared by a DNA Data Bank staff member to the
sample numbers on the gel loading sheets to ensure the numbers are the same. The
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8 DNA Data Bank Sample Analysis, Documentation, Peer Review, and Entry of the DNA Profiles into CODIS
verification will be noted on the Specimen Inventory Report. If a problem is noted, it will be
corrected and the correction will be documented.
8.4.1.4
If a comment (such as “possible 2nd peak at XX locus”) must be added to CODIS, then the
“Specimen Detail Report” must be printed and another analyst will verify that the comment
was added. This reviewing analyst will initial the “Specimen Detail Report” to indicate this
check was completed. This report will be filed with the plate documentation.
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9 Arrestee Tracking
9
9.1
ARRESTEE TRACKING
In conjunction with the Virginia State Police (VSP), the DFS will track all arrestee samples to determine if the
arrestee has been convicted of a felony for which he/she was arrested, the charges are still pending, or the charges
have been reduced or dismissed. If an arrestee’s charges have been dismissed or reduced to a non-qualifying
offense in accordance with the Code of Virginia §19.2-310.2:1, the sample must be destroyed and all records
thereof.
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9.1.1
On Tuesday evening of each week the Department’s IT section will forward to the VSP the arrestee
information for all samples that were received and entered into the DNA tracking computer from the
previous week. The VSP will verify the information against the current records provided by the Clerks of
Court. Subsequently the VSP will provide four separate reports to the Department listing the status of
each arrestee (e.g., report 1: Felon Report, report 2: DCN Mismatch Report, report 3: Cleared Report, and
report 4: Names Report).
9.1.1.1
If an arrestee is listed on the “Felon Report” sent by the VSP, the individual has been
convicted of the felony for which he/she was arrested or was convicted of a prior felony after
July 1, 1990 or a sex offense after July 1, 1989. The DNA profile for the arrestee will be
transferred by the State CODIS Administrator or his designee from the arrestee index to the
offender index and subsequently transferred to the National DNA Index System (NDIS). The
CODIS Administrator will document the change in CODIS by initialing and dating the report
provided by the VSP. This report will then be stored in the “Arrestee Upgraded To Felon”
notebook.
9.1.1.2
If an arrestee is listed on the “DCN Mismatch Report” assigned by the VSP, the charges
against the individual are still pending. No further action will be taken with this sample. The
report provided by the VSP listing the arrestees who still have pending charges against them
will be shredded within a month from date of receipt to provide sufficient time to resolve all
issues associated with the pending samples.
9.1.1.3
If an arrestee is listed on the “Cleared Report” transmitted to the DFS by the VSP, and it is
confirmed that the qualifying charges against the individual have been reduced, dismissed,
nolle prosequi entered or the individual has been cleared of all such charges. When this occurs
the arrestee’s sample will be destroyed and the associated identifying information will be
removed from the DNA Data Bank tracking computer, the LIDS website
(www.scb.virginia.gov) and CODIS.
9.1.1.3.1
The destruction of the sample will be witnessed and documented on the arrestee
cleared report provided by the VSP. The documentation will include the initials
of the individual who destroyed the sample and the date, as well as the initials of
the individual who witnessed the destruction. In addition, the cleared report will
also include the initials of the individual who removed the electronic records
from the DNA Data Bank tracking computer, the LIDS website and CODIS and
the date the records were removed.
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9.1.1.3.2
9.1.1.4
The cleared report listing the arrestees who have had all qualifying charges
against them dropped or the charges have been reduced will be maintained in the
“Arrestee Sample Destruction Book” once the samples and associated records
have been destroyed.
If an arrestee’s name and associated information is listed on the “Names Report” provided to
the DFS, this indicates there is a difference in the information that the VSP has on record
from the information the DFS has on record. An authorized member of the DNA Data Bank
will use VCIN to search for the arrestee’s correct information.
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9 Arrestee Tracking
9.1.1.4.1
Once the arrestee’s information has been located in VCIN, the spelling of the
name and other associated arrestee information the DFS has on record will be
compared to the information the VSP has on record.
9.1.1.4.2
If all of the identifying information is correct with only a slight discrepancy,
such as gender, spelling of first or last name, part of the date of birth, social
security number, or DCN, the necessary change(s) will be made in the DNA
Data Bank tracking computer to match the VCIN records. In addition, in the
comments field of the tracking computer, the changes will be noted (e.g.,
changed to Darryl to match VCIN).
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9.1.1.4.3
If no record is obtained when the arrestee information is searched, the arrestee’s
information will be re-searched in two weeks to provide sufficient time for the
VSP to receive the arrestee record from the Clerk of Court.
9.2
An electronic file will be maintained for all arrestee samples that have been destroyed in order to track the number
of arrestee samples destroyed and the purpose for the destruction of the sample and associated records. No
identifying information will be maintained in this file. Only the purpose for the destruction of the sample (e.g.,
charges reduced, charges dismissed/nolle prosequi, acquitted, or a non-qualifying offense) will be listed. The
purpose for the cleared status will be determined using the information provided in VCIN.
9.3
On a weekly basis the DFS will electronically send a file to the Virginia State Compensation Board IT Section
containing a list of all new arrestee and convicted offender samples that have been added to the DNA Data Bank
tracking computer. This information will subsequently be transferred to the LIDS website for use by user agencies
to determine whether a blood, buccal or tissue sample has been previously collected from an arrestee or a
convicted offender.
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10 Removal/Expungement of DNA Sample and Associated Records from Convicted Offenders
10
REMOVAL/EXPUNGEMENT OF DNA SAMPLE AND ASSOCIATED RECORDS
FROM CONVICTED OFFENDERS
10.1 A person whose DNA profile has been included in the data bank pursuant to § 19.2-310.2 may request
expungement on the grounds that the felony conviction on which the authority for including his DNA profile was
based has been reversed and the case dismissed.
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10.2 The DFS shall purge all records and identifiable information in the data bank pertaining to the convicted offender
and destroy all samples from the offender upon receipt of (i) a written request for expungement pursuant to this
section and (ii) a certified copy of the court order reversing and dismissing the conviction.
10.3 The convicted offender’s sample will be destroyed and the associated identifying information will be expunged
from the DNA Data Bank tracking computer, the LIDS website (www.scb.virginia.gov) and CODIS in accordance
with DFS AOP 5. The Expungement Form , will be used by the DNA Data Bank Supervisor or designee to ensure
that the sample and all associated information, including electronic data, is expunged.
10.3.1
A member of the DNA Data Bank staff will print a copy of the DNA Data Bank tracking computer and
LIDS screens containing all of the convicted offender’s identifying information.
10.3.2
Subsequently the identifying information will be deleted from the DNA Data Bank tracking computer and
LIDS and the blank screen for each system will be printed to demonstrate that the convicted offender’s
identifying information has been expunged from the DNA Data Bank tracking and LIDS computers.
10.3.3
The State CODIS Administrator or his designee will delete the convicted offender’s profile from CODIS
and print a copy of the CODIS deletion report.
10.3.4
All associated records will be sealed in accordance with DFS AOP 5, Expungement of Records.
10.4 If it is determined that a convicted offender has not been convicted of a felony, the sample will be destroyed and
the associated information will be removed from the DNA Data Bank tracking computer and the DNA profile for
the sample will be immediately removed from CODIS.
10.4.1
The destruction of the sample will be witnessed and documented on the Sample Records and Destruction
Form. The documentation will include the initials of the individual who destroyed the sample and the
date, as well as the initial of the individual who witnessed the destruction. In addition, the Sample
Records and Destruction Form will also include the initials of the individual who removed the electronic
records from the DNA Data Bank tracking computer, the LIDS website and CODIS and the date the
records were removed.
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11 Processing Data Bank Hits
11
PROCESSING DATA BANK HITS
11.1 In accordance with the procedure outlined in the Commonwealth of Virginia Department of Forensic Science
CODIS Operating Polices and Procedures Manual, when a DNA Data Bank hit occurs, the casework examiner will
notify the DNA Data Bank Supervisor and Data Bank staff of the hit in writing (via e-mail or fax).
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11.2 Using the DNA sample number provided by the casework examiner and the date of the offense, the DNA Data
Bank Supervisor or designee will access the information associated with the offender/arrestee using the DNA Data
Bank tracking computer.
11.2.1
The inmate information page(s) will be printed. The DNA Data Bank staff member who printed the
inmate information page(s) will use the ink stamp containing the wording “Printed By _____” and initial
the page to document who obtained the information.
11.2.2
The printed information will be compared to the submission book or the submission form that was
attached to the buccal DNA collector storage envelope when the sample was submitted to ensure that the
information in the computer matches the submission form. If the information in the computer does not
match the information on the submission form (i.e., a different spelling/typo), the DNA Data Bank staff
member will correct the computer information, and re-print the inmate information sheets. Subsequently
the individual verifying the information will use the ink stamp containing the wording “Verified
Information with Submission Book” and initial the inmate information page.
11.2.3
In addition, the DNA Data Bank staff member will ensure, using the Virginia Criminal Information
Network (VCIN) for a convicted offender and/or the arrest warrant for an arrestee, that the individual
identified as a result of a DNA Data Bank hit was convicted of a felony or was arrested based upon a
qualifying offense prior to providing the offender/arrestee information to the casework examiner.
11.2.3.1
The information obtained from VCIN and/or the arrest warrant will be documented on the
“Hit Information Form”.
11.2.3.2
If the hit is to a juvenile and the felony conviction is found in VCIN, this may be used for
verification of the conviction status. However, if the felony conviction is not available in
VCIN, then the DNA Data Bank staff member will contact (i.e., by phone, memorandum, or
e-mail) the Department of Juvenile Justice or the clerk of the court’s office from the
jurisdiction where the conviction occurred requesting the conviction status for the juvenile in
question.
11.2.3.2.1
If the conviction status is determined via phone this information will be entered
into the “DNA Web” tracking system computer and documented on the “Hit
Information Form” including the name of the individual who provided the
information.
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11.2.3.2.2
11.2.3.3
If the information is obtained via memorandum or e-mail the information will be
entered into the “DNA Web” tracking system computer and the memorandum/email will be stored in a labeled binder in the DNA Data Bank.
If no conviction information can be found and the hit was not to a juvenile, the VCIN sheet
and the inmate information page(s) will be forwarded to the Counsel for the Department of
Forensic Science to obtain the necessary information.
11.3 If a DNA Data Bank hit is to a convicted offender, a member of the Data Bank staff will attempt to determine the
location of the offender on the date of the offense using the Local Inmate Data System. This system only provides
information on whether the offender was in a local or regional jail at the time of the offense. No prison
(Department of Corrections) incarceration information will be provided.
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11 Processing Data Bank Hits
11.4 If a DNA Data Bank hit is to a convicted offender, a member of the Data Bank staff will attempt to determine if
the offender is currently in jail by accessing the Local Inmate Data System (LIDS). No prison (Department of
Corrections) incarceration information will be provided.
11.4.1
If the convicted offender is not in jail or is serving time in a jail and a projected release date cannot be
determined after contacting the jail, the paperwork addressed in paragraph 11.2 will be forwarded
immediately to the examiner so the investigating officer/agency can be contacted prior to the verification
of the sample.
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11.4.2
If the convicted offender is in jail and no impending parole date exists, the paperwork addressed in
paragraph 11.2 will be forwarded to the examiner; however, the examiner will not contact the
investigating officer/agency. Instead the information will be provided in the Certificate of Analysis once
the hit verification has been completed.
11.4.3
Prior to forwarding the hit paperwork to the casework examiner the hit paperwork will be reviewed by
another member of the DNA Data Bank. The hit forms will be compared to the information in the
casework examiners e-mail, the Data Bank computer sheets and the original submission form. Another
Data Bank member will also review the LIDS and VCIN information. The reviewer will then initial
“Verified with Submission Book” and the bottom or the hit form.
11.4.4
If the DNA Data Bank hit is made to an Arrestee, another member of the Data Bank will review the hit
form. The Data Bank member will compare the information on the hit form to the casework examiners email, the Data Bank computer sheets and the original submission form. The reviewer will then initial
“Verified with Submission Book” and on the bottom of the hit form.
11.5 When all of the paperwork associated with the convicted offender/arrestee is completed and, if possible, the
present location of the convicted offender can be determined the paperwork will be forwarded to the casework
examiner.
11.5.1
If the hit occurred in a regional laboratory, the paperwork will be faxed to the examiner and the original
sent via mail. In addition, a copy of the paperwork will be forwarded to the State CODIS Administrator.
11.5.2
If the hit occurred in the Central Laboratory, the paperwork will be placed in the examiner hit box and a
copy of the paperwork will be forwarded to the State CODIS Administrator.
11.6 The procedure outlined below will be followed for verifying a DNA Data Bank hit to a convicted
offender/arrestee, depending on the type of testing previously conducted.
11.6.1
See below if a sample with a DNA number prior to 1993 was analyzed with both the PowerPlex 1.1 and
2.1 Systems.
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11.6.2
11.6.1.1
If no duplicate sample exists, the sample will not be re-analyzed. If a duplicate sample exists
and has not been previously analyzed, the duplicate sample will be analyzed using the
PowerPlex 16 BIO System.
11.6.1.2
If present, a duplicate of the two samples numerically adjacent to the original hit sample will
also be analyzed and verified .
11.6.1.3
If no duplicates of the original hit sample or numerically adjacent samples exist, then the
overlapping loci (i.e. TH01, TPOX, and vWA) will be used to confirm the results of the
original sample.
11.6.1.4
Once all analyses have been completed, the typing gel has been sized, and the random sample
verified, the casework examiner will be notified of the verification via e-mail .
See below if a sample with a DNA number is 1993 and higher, and was analyzed with both the
PowerPlex 1.1 and 2.1 Systems:
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11.6.2.1
If no duplicate sample exists, the sample will not be re-analyzed. If a duplicate sample exists
and has not been previously analyzed, the duplicate sample will be analyzed using the
PowerPlex 16 BIO System. Once all analyses have been completed, the typing gel has been
sized, and the random sample verified, the casework examiner will be notified of the
verification via e-mail.
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11.6.3
If the hit is to the individual listed (i.e., suspect) on the Request For Laboratory Examination form and no
sample was submitted for comparison to the evidence samples, the sample will not be re-analyzed. The
casework examiner will be notified of the verification via e-mail.
11.6.4
If there is a duplicate sample that has been analyzed and the same DNA profile is obtained, a re-analysis
of the sample will not be conducted. The casework examiner will be notified of the verification via email.
11.6.5
If a sample has been analyzed with only one system (i.e., the PowerPlex 1.1, 2.1, or 16 BIO Systems) and
paragraphs 11.6.1, 11.6.2 or 11.6.3 do not apply and if a duplicate sample exists, then the duplicate
sample will be re-analyzed using the PowerPlex 16 BIO System. If no duplicate sample exists, then the
original sample will be re-analyzed using the PowerPlex 16 BIO System. Once all analyses have been
completed, the typing gel has been sized, and the random sample verified, the casework examiner will be
notified of the verification via e-mail.
11.7 Hit verifications will generally be conducted once per week.
11.7.1
Analysis will begin at approximately 2:00 PM on Wednesday of each week.
11.7.2
For all DNA Data Bank hits that occur after 2:00 P.M. on Wednesday, the analysis will begin on the
following Wednesday.
11.7.3
If the day of verification falls on a holiday, the analysis will begin on the next appropriate work day.
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12 Local Inmate Data System (LIDS)
12
LOCAL INMATE DATA SYSTEM (LIDS)
12.1 Logging On
12.1.1
From the desktop, select the LIDS icon and double click on the icon using the mouse. The following
screen will appear:
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12.1.2
Next to “User Name”, type user name and hit “Enter”. The following screen will appear.
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12.1.3
Next to “Password”, type password and hit “Enter.” The following screen will appear.
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12.1.4
Next to the word “Enter:” type “cipg” in lower case letters. Press “Enter”. The following screen will
appear:
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12.1.5
The cursor will appear next to “LOGONID:⇒”. Type login ID in lower case letters and press “Enter”.
The cursor will move to the line next to “PASSWORD:⇒”. Type your password (refer to the NOTE
below) and press “Enter”. The following screen will appear:
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NOTE: The password is changed every 30 days in compliance with the system regulations.
12.1.6
The cursor will be at the top of the screen. Type “lids” in lower case letters and press “Enter”. The
following screen will appear:
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12 Local Inmate Data System (LIDS)
12.1.7
The cursor will be next to the word “OPTION”. If there are any General Broadcast Messages, type a
lower case “n” and press “Enter” until all of the messages have been shown.
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12.1.8
After the phrase “Broadcast Message Read Complete” appears (or if there are no messages), type in “5"
for “Inquiry”. The following “Inquiry” screen will appear:
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12.1.8.1
To locate information on an inmate using the inmate’s social security number, proceed to
Section 12.2.
12.1.8.2
To locate information on an inmate using the inmate’s name, proceed to Section 12.3.
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12 Local Inmate Data System (LIDS)
12.2 Locating Inmate Information Using a Social Security Number
12.2.1
On the “Inquiry” screen represented on the previous page, the cursor will appear by “Prisoner SSN”.
Type in the inmate’s social security number and press “Enter”. The cursor will move next to “Enter
Desired Option⇒”. Type “2” to choose the “Confinement Information” option and press “Enter”.
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12.2.2
If the social security number entered is in the system, the inmate’s data will be displayed on the
“Confinement Information Picklist” screen below. If the social security number entered is not in the
system, an error message, “Prisoner SSN not found on LIDS”, will appear at the bottom of the screen.
12.2.3
To choose a confinement date and view the “Confinement Information” page, type an “X” beside the
confinement date of interest. The following screen will appear:
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12.2.4
To view the offenses, type and “o” at the bottom of the screen next to PREV__. The following screen will
appear:
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12.2.5
To choose an offense and view the “Display Offense Information” screen, type “X” next to the offense of
interest and type “Enter”. The following screen will appear.
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12.2.6
To check information on another inmate, press the “Pause/Break” key to return to the previous screen
(“Inquiry Menu”).
12.2.7
To exit LIDS, click on the “x” in the upper right corner of the screen.
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12.3 Locating Inmate Information Using a Name
12.3.1
On the “Inquiry Menu” screen, Tab over to the “Last Name” field and type in the inmate’s last name. Tab
over to the “First Name” field and type in the inmate’s first name. Press “Enter” to move the cursor to
“Enter Desired Option⇒” and type “4" to browse through the records of inmates by name. Press “Enter”.
The system will scroll through an alphabetical listing of inmate names to try to locate the name entered.
This may take a few minutes, ignore error message.
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12.3.2
A screen will appear listing inmates with the desired name or the closest alphabetical names to it. If more
than one prisoner has the desired name, check the dates of birth to locate the correct one. To see
confinement information of the desired prisoner, type a “c” to the left of the jail number. The
“Confinement Information Picklist” screen will appear. Follow instructions as outlined in 12.2.3
12.3.3
The screen will also show the number of alias names an inmate has. On the line below the inmate’s name,
the word “Alias” will appear with a number next to it (the number of aliases listed for that inmate). If an
alias is indicated, tab until the cursor moves to the line containing the inmate’s name and social security
number. Type a lower case “a” and press “Enter”. A list of the inmate’s aliases will appear on a separate
screen.
12.3.4
To check on information on another inmate, press the “Pause/Break” key to return to the previous screen
(“Inquiry Menu”).
12.3.5
To exit LIDS, click on the “x” in the upper right corner of the screen.
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APPENDIX A: Code of Virginia §§ 16.1-299.1 (Juveniles) and 19.2-310.2 et seq. (Convicted Offenders and Arrestees (4 Pages)
Appendix A: Code of Virginia §§ 16.1-299.1 (Juveniles) and 19.2-310.2 et seq.
(Convicted Offenders and Arrestees)
§ 16.1-299.1. Blood sample required for DNA analysis upon conviction or adjudication of felony.
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A juvenile convicted of a felony or adjudicated delinquent on the basis of an act which would be a felony if committed
by an adult shall have a sample of his blood, saliva or tissue taken for DNA analysis provided the juvenile was fourteen
years of age or older at the time of the commission of the offense.
The provisions of Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2 shall apply to all persons and all blood
samples taken as required by this section, mutatis mutandis.
(1996, cc. 755, 914; 1998, c. 280.)
§ 19.2-310.2. (Effective January 1, 2003) Blood, saliva or tissue sample required for DNA analysis upon conviction
of a felony; fee.
Every person convicted of a felony on or after July 1, 1990, and every person convicted of a felony offense under Article
7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 who was incarcerated on July 1, 1989, shall have a sample of his blood,
saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the
person. If a sample has been previously taken from the person as indicated by the Local Inmate Data System (LIDS), no
additional sample shall be taken. A fee of twenty-five dollars shall be charged for the withdrawal of this sample. The fee
shall be taxed as part of the costs of the criminal case resulting in the felony conviction and one-half of the fee shall be
paid into the general fund of the locality where the sample was taken and one-half of the fee shall be paid into the
general fund of the state treasury. The assessment provided for herein shall be in addition to any other fees prescribed by
law. The analysis shall be performed by the Division of Forensic Science, Department of Criminal Justice Services or
other entity designated by the Division. The identification characteristics of the profile resulting from the DNA analysis
shall be stored and maintained by the Division in a DNA data bank and shall be made available only as provided in §
19.2-310.5.
After July 1, 1990, the blood, saliva or tissue sample shall be taken prior to release from custody.
Notwithstanding the provisions of § 53.1-159, any person convicted of a felony who is in custody after July 1, 1990,
shall provide a blood, saliva or tissue sample prior to his release. Every person so convicted after July 1, 1990, who is
not sentenced to a term of confinement shall provide a blood, saliva or tissue sample as a condition of such sentence.
(1990, c. 669; 1993, c. 33; 1996, cc. 154, 952; 1998, c. 280; 2002, cc. 54, 753, 773.)
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§ 19.2-310.2:1. (Effective January 1, 2003) Saliva or tissue sample required for DNA analysis after arrest for a
violent felony.
Every person arrested for a violent felony as defined in § 19.2-297.1 or a violation of §§ 18.2-89, 18.2-90, 18.2-91, or §
18.2-92, shall have a sample of his saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine
identification characteristics specific to the person. After a determination by a magistrate that probable cause exists for
the arrest, a sample shall be taken prior to the person's release from custody. The analysis shall be performed by the
Division of Forensic Science or other entity designated by the Division. The identification characteristics of the profile
resulting from the DNA analysis shall be stored and maintained by the Division in a DNA data bank and shall be made
available as provided in § 19.2-310.5.
The clerk of the court shall notify the Division of final disposition of the criminal proceedings. If the charge for which
the sample was taken is dismissed or the defendant is acquitted at trial, the Division shall destroy the sample and all
records thereof.
(2002, cc. 753, 773.)
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APPENDIX A: Code of Virginia §§ 16.1-299.1 (Juveniles) and 19.2-310.2 et seq. (Convicted Offenders and Arrestees (4 Pages)
§ 19.2-310.3. Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis.
Each sample required pursuant to § 19.2-310.2 from persons who are to be incarcerated shall be withdrawn at the
receiving unit or at such other place as is designated by the Department of Corrections or, in the case of a juvenile, the
Department of Juvenile Justice. The required samples from persons who are not sentenced to a term of confinement shall
be withdrawn at a time and place specified by the sentencing court. Only a correctional health nurse technician or a
physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall
withdraw any sample to be submitted for analysis. No civil liability shall attach to any person authorized to withdraw
blood, saliva or tissue as provided herein as a result of the act of withdrawing blood, saliva or tissue from any person
submitting thereto, provided the blood, saliva or tissue was withdrawn according to recognized medical procedures.
However, no person shall be relieved from liability for negligence in the withdrawing of any blood, saliva or tissue
sample.
COPYRIGHT © 2014
VIRGINIA
DEPARTMENT
OF
FORENSIC SCIENCE
Chemically clean sterile disposable needles and vacuum draw tubes or swabs shall be used for all samples. The tube
containing the sample shall be sealed and labelled with the subject's name, social security number, date of birth, race and
gender; the name of the person collecting the sample; and the date and place of collection. The tubes containing the
samples shall be secured to prevent tampering with the contents. The steps herein set forth relating to the taking,
handling, identification, and disposition of blood, saliva or tissue samples are procedural and not substantive. Substantial
compliance therewith shall be deemed to be sufficient. The samples shall be transported to the Division of Forensic
Science not more than fifteen days following withdrawal and shall be analyzed and stored in the DNA data bank in
accordance with §§ 19.2-310.4 and 19.2-310.5.
(1990, c. 669; 1997, c. 862; 1998, c. 280.)
§ 19.2-310.3:1. (Effective January 1, 2003) Procedures for taking saliva or tissue sample for DNA analysis.
A. Each sample required pursuant to § 19.2-310.2:1 from persons arrested shall be taken before release from custody at
such place as is designated by the magistrate. Samples shall be taken in accordance with procedures adopted by the
Division of Forensic Science. The sample shall be sealed and labeled with the subject's name, social security number,
date of birth, race and gender; the name of the person collecting the sample; the date and place of collection; information
identifying the arresting or accompanying officer; and the offense for which the person was arrested. The sample shall be
secured to prevent tampering with the contents and be accompanied by a copy of the arrest warrant. The steps herein set
forth relating to the taking, handling, identification, and disposition of saliva or tissue samples are procedural and not
substantive. The sample shall be transported to the Division of Forensic Science not more than fifteen days following
withdrawal and shall be analyzed and stored in the DNA data bank in accordance with §§ 19.2-310.4 and 19.2-310.5.
B. Substantial compliance therewith shall be deemed to be sufficient. If a sample has been previously taken from the
individual as indicated by the Local Inmate Data System (LIDS), no additional sample shall be taken. No civil liability
shall attach to any person authorized to take saliva or tissue as provided herein as a result of the act of taking saliva or
tissue from any person submitting thereto, provided the saliva or tissue was taken according to recognized medical
procedures. However, no person shall be relieved from liability for negligence in the taking of any saliva or tissue
sample.
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(2002, cc. 753, 773.)
§ 19.2-310.4. (Effective January 1, 2003) Procedures for conducting DNA analysis of blood, saliva or tissue
sample.
Whether or not the results of an analysis are to be included in the data bank, the Division shall conduct the DNA analysis
in accordance with procedures adopted by the Division to determine identification characteristics specific to the
individual whose sample is being analyzed. The Director or his designated representative shall complete and maintain on
file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the blood, saliva or
tissue sample was received and examined, and a statement that the seal on the tube containing the sample had not been
broken or otherwise tampered with. The remainder of a blood, saliva or tissue sample submitted for analysis and
inclusion in the data bank pursuant to § 19.2-310.2 or § 19.2-310.2:1 may be divided, labeled as provided for the original
DNA Databank Operating Policies and Procedures Manual
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APPENDIX A: Code of Virginia §§ 16.1-299.1 (Juveniles) and 19.2-310.2 et seq. (Convicted Offenders and Arrestees (4 Pages)
sample, and securely stored by the Division in accordance with specific procedures adopted by regulation of the Division
to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only (i)
to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is
included or (ii) for retesting by the Division to validate or update the original analysis.
A report of the results of a DNA analysis conducted by the Division as authorized, including the profile and identifying
information, shall be made and maintained at the Division. A certificate and the results of the analysis shall be
admissible in any court as evidence of the facts therein stated. Except as specifically provided in this section and § 19.2310.5, the results of the analysis shall be securely stored and shall remain confidential.
COPYRIGHT © 2014
VIRGINIA
DEPARTMENT
OF
FORENSIC SCIENCE
(1995, c. 485; 2000, c. 186; 2002, cc. 753, 773.)
§ 19.2-310.5. (Effective January 1, 2003) DNA data bank exchange.
It shall be the duty of the Division to receive blood, saliva or tissue samples and to analyze, classify, and file the results
of DNA identification characteristics profiles of blood, saliva or tissue samples submitted pursuant to § 19.2-310.2 or §
19.2-310.2:1 and to make such information available as provided in this section. The results of an analysis and
comparison of the identification characteristics from two or more blood, saliva or tissue samples shall be made available
directly to federal, state and local law-enforcement officers upon request made in furtherance of an official investigation
of any criminal offense. The Division shall confirm whether or not there is a DNA profile on file for a specific individual
if a federal, state or local law-enforcement officer requests that information in furtherance of an official investigation of
any criminal offense. A request may be made by personal contact, mail, or electronic means. The name of the requestor
and the purpose for which the information is requested shall be maintained on file with the Division.
Upon his request, a copy of the request for search shall be furnished to any person identified and charged with an offense
as the result of a search of information in the data bank.
The Division shall adopt regulations governing (i) the methods of obtaining information from the data bank in
accordance with this section and (ii) procedures for verification of the identity and authority of the requestor. The
Division shall specify the positions in that agency which require regular access to the data bank and samples submitted
as a necessary function of the job.
The Division shall create a separate statistical data base comprised of DNA profiles of blood, saliva or tissue samples of
persons whose identity is unknown. Nothing in this section or § 19.2-310.6 shall prohibit the Division from sharing or
otherwise disseminating the information in the statistical data base with law-enforcement or criminal justice agencies
within or without the Commonwealth.
The Division may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank
to any authorized law-enforcement agency outside of the Commonwealth.
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(1990, c. 669; 1998, c. 280; 2000, c. 284; 2002, cc. 753, 773.)
§ 19.2-310.6. Unauthorized uses of DNA data bank; forensic samples; penalties.
Any person who, without authority, disseminates information contained in the data bank shall be guilty of a Class 3
misdemeanor. Any person who disseminates, receives, or otherwise uses or attempts to so use information in the data
bank, knowing that such dissemination, receipt, or use is for a purpose other than as authorized by law, shall be guilty of
a Class 1 misdemeanor.
Except as authorized by law, any person who, for purposes of having DNA analysis performed, obtains or attempts to
obtain any sample submitted to the Division of Forensic Science for analysis shall be guilty of a Class 5 felony.
(1990, c. 669.)
DNA Databank Operating Policies and Procedures Manual
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APPENDIX A: Code of Virginia §§ 16.1-299.1 (Juveniles) and 19.2-310.2 et seq. (Convicted Offenders and Arrestees (4 Pages)
§ 19.2-310.7. (Effective January 1, 2003) Expungement when DNA taken for a felony conviction.
A person whose DNA profile has been included in the data bank pursuant to § 19.2-310.2 may request expungement on
the grounds that the felony conviction on which the authority for including his DNA profile was based has been reversed
and the case dismissed. The Division shall purge all records and identifiable information in the data bank pertaining to
the person and destroy all samples from the person upon receipt of (i) a written request for expungement pursuant to this
section and (ii) a certified copy of the court order reversing and dismissing the conviction.
COPYRIGHT © 2014
VIRGINIA
DEPARTMENT
OF
FORENSIC SCIENCE
(1990, c. 669; 2002, cc. 753, 773.)
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APPENDIX B - DNA Databank Offender Blood Sample Form Letter
Appendix B – DNA Databank Offender Blood Sample Form Letter
COPYRIGHT © 2014
COMMONWEALTH
of VIRGINIA
VIRGINIA
DEPARTMENT
OF
FORENSIC SCIENCE
DEPARTMENT OF FORENSIC SCIENCE
OFFICE OF THE DIRECTOR
DEPARTMENT OF FORENSIC SCIENCE
A Nationally Accredited Laboratory
700 NORTH 5TH STREET
RICHMOND, VIRGINIA 23219
(804) 786-2281 Fax (804) 786-6857
Date
Collection Officer
Agency Name
Agency Address
Dear Collection Officer:
Recently you/your agency submitted a blood sample from a Convicted Offender for inclusion
in Virginia’s DNA Data Bank. The sample was received with the following problem(s):
Blood sample not delivered to the Department of Forensic Science within 15 days of
being taken in violation of the Code of Virginia § 19.2-310.3.
Illegible handwriting on tube/submission form.
Information on the blood tube differs from the information on the sample submission
form.
Incomplete information on the blood tube.
Incomplete information on the sample submission form.
Chain of custody not filled out completely
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Incomplete agency address.
Agency phone number not provided.
Comments:
Felony Offender’s Name:
If you have any questions, please feel free to call me at (804) 786-4707 ext 29823 to discuss
this issue further.
Sincerely,
DNA Data Bank Supervisor
DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
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APPENDIX C - DNA Data Bank Offender Buccal Sample Form Letter
Appendix C – DNA Databank Offender Buccal Sample Form Letter
COPYRIGHT © 2014
COMMONWEALTH of VIRGINIA
VIRGINIA
DEPARTMENT
OF
FORENSIC SCIENCE
DEPARTMENT OF FORENSIC SCIENCE
OFFICE OF THE DIRECTOR
DEPARTMENT OF FORENSIC SCIENCE
A Nationally Accredited Laboratory
700 NORTH 5TH STREET
RICHMOND, VIRGINIA 23219
(804) 786-2281 Fax (804) 786-6857
Date
Collection Officer
Agency Name
Agency Address
Dear Collection Officer:
Recently you/your agency submitted a saliva (buccal) sample from a Convicted Offender for inclusion
in Virginia’s DNA Data Bank. The sample was received with the following problem(s):
Saliva (buccal) sample not delivered to the Department of Forensic Science within 15 days of
being taken in violation of the Code of Virginia § 19.2-310.3.
Illegible handwriting on submission form.
No thumbprints on submission form.
'Sample Collected By' box not completed.
Top copy of submission form not returned.
Collecting Agency ORI Number field not completed on submission form.
Arrestee/Convicted Felon designation area on submission form not completed properly. Only
one box is to be marked.
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Duplicate sample received in violation of Virginia Code § 19.2-310.2, which requires that you
check the Local Inmate Data System (LIDS) DNA Sample Tracking Application at
www.scb.virginia.gov prior to taking sample to make sure that the subject has not been
previously sampled.
Comments:
Felony Offender’s Name:
If you have any questions, please feel free to call me at (804) 786-4707 ext 29823 to discuss this issue
further.
Sincerely,
DNA Data Bank Supervisor
DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
DFS Document 211-D100
Revision 2
Page 41 of 43
APPENDIX D - DNA Data Bank Arrestee Buccal Sample Form Letter
Appendix D – DNA Data Bank Arrestee Buccal Sample Form Letter
COPYRIGHT © 2014
COMMONWEALTH
of VIRGINIA
VIRGINIA
DEPARTMENT
OF
FORENSIC SCIENCE
DEPARTMENT OF FORENSIC SCIENCE
OFFICE OF THE DIRECTOR
DEPARTMENT OF FORENSIC SCIENCE
A Nationally Accredited Laboratory
700 NORTH 5TH STREET
RICHMOND, VIRGINIA 23219
(804) 786-2281 Fax (804) 786-6857
Date
Collection Officer
Agency Name
Agency Address
Dear Collection Officer:
Recently you/your agency submitted a saliva (buccal) sample from an Arrestee for inclusion
in Virginia’s DNA Data Bank. The sample was received with the following problem(s):
Saliva (buccal) sample not delivered to the Department of Forensic Science within 15
days of being taken in violation of the Code of Virginia § 19.2-310.3:1(A).
Illegible handwriting on submission form.
No thumbprints on submission form.
No arrest warrant submitted with sample in violation of Virginia Code § 19.2310.3:1(A).
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'Sample Collected By' box not completed.
DCN (Document Control Number) field not completed on submission form. The DCN,
used to verify the arrestee’s true identity, is required for all arrestee samples.
Top copy of submission form not returned.
Collecting Agency ORI Number field not completed on submission form.
Arrestee/Convicted Felon designation area on submission form not completed properly.
Duplicate sample received in violation of Virginia Code § 19.2-310.3:1(B), which
requires that you check the Local Inmate Data System (LIDS) DNA sample Tracking
DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
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DFS Document 211-D100
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APPENDIX D - DNA Data Bank Arrestee Buccal Sample Form Letter
application at www.scb.virginia.gov prior to taking sample to make sure that the
Arrestee has not been previously sampled.
Comments:
COPYRIGHT © 2014
VIRGINIA
DEPARTMENT
OF
FORENSIC SCIENCE
Arresting Officer’s Name:
Arrestee’s Name:
If you have any questions, please feel free to call me at (804) 786-4707 ext 29823 to discuss
this issue further.
Sincerely,
DNA Data Bank Supervisor
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DNA Databank Operating Policies and Procedures Manual
Issued by Biology Program Manager
Issue Date: 23-July-2014
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