PROPOSED RULEMAKING
STATE POLICE
[37 PA. CODE CH. 58]
DNA Detection of Sexual and Violent Offenders Act
[26 Pa.B. 5011] As a requirement of the DNA Detection of Sexual and Violent Offenders Act (35 P. S. §§ 7651.101--7651.1102) (act), the State Police is proposing regulations necessary for the general administration of the act. As provided under the act, this proposed regulation will take effect 60 days from the date of this publication or January 1, 1997, whichever is earlier. The proposed regulations set forth the administration, policies and procedures designed to carry out the provisions of this act.
Benefits
The benefits include the identification of repeat offenders by identification of their forensic DNA profile obtained from evidentiary material, the linking of serial offenders within this Commonwealth and across the country, the solving of cases of unidentified perpetrators in sexual assaults and homicides, and the identification of missing persons and victims of mass disasters. These DNA profiles are from regions of the DNA that do not identify physical, sociological or psychological characteristics.
Effect
The proposed regulation will affect various criminal justice agencies.
Paperwork Requirements
The proposed regulation will require the completion of additional forms, reports or other paperwork as prescribed and provided by the State Police.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745(a)), the State Police submitted a copy of this proposed regulation on October 8, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee. In addition to submitting the proposed regulation, the State Police has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form. A copy of the material is also available to the public upon request.
If IRRC has objections to any portion of the proposed regulation, it will notify the State Police within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which havenot been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the State Police, the General Assembly and the Governor of objections raised.
Sunset Date
No sunset date has been assigned; however, every facet of these proposed regulation will be continuously reviewed for effectiveness, clarity and whether they are serving the greater interests of citizens of this Commonwealth.
Public Hearings
This proposed regulation has been promulgated in conjunction with the Department of Corrections, Warden's Association, Board of Probation and Parole, District Attorney's Association, Juvenile Court Judges Association and Juvenile Detention Centers Association. Regional meetings to update and inform those affected are in the planning stages.
Public Comment
Interested parties wishing to comment are invited to submit a written statement within 30 days of the publication of this notice in the Pennsylvania Bulletin. Each written statement shall include the name, address and telephone number of the interested party and a concise statement with sufficient detail on the subject. Written statements may be directed to the State Police, Attention: Director, Bureau of Research and Development, 1800 Elmerton Avenue, Harrisburg, PA 17110.
Contact Person
The contact person is Trooper R. M. Van Buskirk, State Police, Bureau of Research and Development, 1800 Elmerton Avenue, Harrisburg, PA 17110, (717) 772-4898.
COLONEL PAUL J. EVANKO,
CommissionerFiscal Note: 17-59. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 37. LAW
PART I. STATE POLICE
Subpart I. DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS
CHAPTER 58. ADMINISTRATIVE REGULATION REGARDING THE DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT Sec.
58.1. General § 58.1. General.
The State Police will establish written policies to carry out the provisions of the DNA Detection of Sexual and Violent Offenders Act (35 P. S. §§ 7651.101--7651.1102). The written policies shall provide for:
(1) The management and administration of the State DNA identification record system.
(2) The mechanism for collection, submission, analysis, identification, storage, retention, disposition and expungement of DNA samples and for dissemination of DNA information to support law enforcement agencies and other criminal justice agencies.
(3) Liaison with the Federal Bureau of Investigation (FBI) and other criminal justice agencies in regard to the Commonwealth's participation in the combined DNA Index System of the FBI or in any other DNA database.
(4) Procedures compatible with the procedures specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies and computer software.
(5) Quality assurance guidelines to ensure that DNA identification records meet standards for laboratories which submit DNA records to the State DNA Database.
[Pa.B. Doc. No. 96-1742. Filed for public inspection October 18, 1996, 9:00 a.m.]
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