DNA Identification Regulations

2 (1) A DNA profile derived from a bodily substance of a convicted offender is to be added to the convicted offenders index of the DNA Data Bank only if all of the following are received by the Commissioner:

• (a) a sample of the bodily substance that was collected with a DNA Data Bank sample kit approved by the Commissioner in accordance with subsection (2);

• (b) a copy of the authorization for the collection of the sample;

• (c) the name of the person who collected the sample; and

• (d) subject to subsection (3), the fingerprints of the convicted offender from whom the sample is collected and the name of the person who took them.

(2) The Commissioner must approve a DNA Data Bank sample kit that ensures the integrity of samples of bodily substances transmitted to the Commissioner. The kit must include

• (a) detailed instructions on the procedure for collecting and preserving a sample and how to prevent its contamination;

• (b) a sample collection medium that allows the sample to be safely handled and preserved without contamination; and

• (c) the items necessary to collect the sample.

(3) Fingerprints are not required for the purposes of subsection (1) if the Commissioner is satisfied, based on a written statement that includes the name of the person who provided the statement, that

• (a) fingerprints could not be taken or it would not have been reasonable in the circumstances to take them at the time the sample was taken; and

• (b) adequate means were used to confirm the identity of the convicted offender.