2:04:01:01. Definitions. Words used in this article mean:
(1) "Alternative biological sample," a biological sample, other than blood, including buccal swabs;
(2) "Authorized sampling technician," any person who by training and occupation regularly engages in medical sampling procedures, including physicians, medical laboratory technicians, registered nurses, physician's assistants, phlebotomists, expanded role licensed practical nurses, certified nurse practitioners, medical technicians, and medical technologists. For purposes of alternative biological samples, an authorized sampling technician also includes persons such as court services officers, corrections officers, or law enforcement officers, after such persons are trained in alternative biological sampling procedures;
(3) "Buccal swab," a sample taken on two sterile cotton applicator sticks from the cheek area within the samplee's mouth;
(4) "Collecting agency," the Department of Corrections, the DCI or any sheriff, chief of police, or other law enforcement officer empowered to arrest or take custody of an individual for a violation of SDCL chapter 22-22 or a crime of violence as defined by SDCL 22-1-2 and empowered to arrange for collection of blood or alternative biological samples, or both, pursuant to SDCL 23-5-14;
(5) "DCI," the Division of Criminal Investigation within the Office of the Attorney General;
(6) "Samplee," an individual required to submit a blood sample or an alternative biological sample, or both, pursuant to SDCL 23-5-14 or 23-5-15.
Source: 17 SDR 47, effective October 3, 1990; 28 SDR 83, effective December 16, 2001.
General Authority: SDCL 23-5-16, 23-5-17.
Law Implemented: SDCL 23-5-14, 23-5-16, 23-5-17.
CHAPTER 2:04:02
BLOOD AND ALTERNATIVE BIOLOGICAL SAMPLES
Section
2:04:02:01 Blood sample.
2:04:02:02 Alternative biological sample procedures and equipment.
2:04:02:03 Blood sample equipment.
2:04:02:05 DCI maintenance procedures.
2:04:02:01. Blood sample. A blood sample consists of whole blood drawn by an authorized sampling technician.
Source: 17 SDR 47, effective October 3, 1990.
General Authority: SDCL 23-5-17.
Law Implemented: SDCL 23-5-16.
2:04:02:02. Alternative biological sample procedures and equipment. An authorized sampling technician shall obtain buccal swabs with two sterile cotton applicator sticks, which shall be air dried and placed into a paper container.
Source: 17 SDR 47, effective October 3, 1990; 28 SDR 83, effective December 16, 2001.
General Authority: SDCL 23-5-16, 23-5-17.
Law Implemented: SDCL 23-5-14, 23-5-16.
2:04:02:03. Blood sample equipment. If an alternative biological sample cannot be obtained, an authorized sampling technician shall draw a blood sample into one 7-10 cc Lavender Vacutainer containing and utilizing ethylenediaminetetraacetic acid.
Source: 17 SDR 47, effective October 3, 1990; 28 SDR 83, effective December 16, 2001.
General Authority: SDCL 23-5-16, 23-5-17.
Law Implemented: SDCL 23-5-14, 23-5-16.
2:04:02:04. Sample mailing. Upon collection of a blood sample or an alternative biological sample, or both, under this chapter, the authorized sampling technician or the collecting agency arranging the test shall transfer the sample by mail or by courier through which a chain of custody may be established to DCI, Pierre, South Dakota. The authorized sampling technician shall place the sample into a mailing container provided by DCI for that purpose pursuant to instructions included with the mailing container. Along with the blood sample or alternative biological sample, or both, the authorized sampling technician or collecting agency shall include in the mailing container a completed form provided by DCI which must include the following information:
(1) The samplee's name;
(2) Any number identifying the samplee within law enforcement system agencies, such as DCI or the Federal Bureau of Investigation;
(3) The samplee's date of birth;
(4) The samplee's sex;
(5) The samplee's race;
(6) The offense committed by the samplee;
(7) The date of sample collection;
(8) The name of the collecting agency;
(9) The collecting agency's agent present at sampling;
(10) The name of the authorized sampling technician;
(11) The chain of custody of the sample; and
(12) The samplee's thumbprints.
Source: 17 SDR 47, effective October 3, 1990; 28 SDR 83, effective December 16, 2001.
General Authority: SDCL 23-5-16, 23-5-17.
Law Implemented: SDCL 23-5-14, 23-5-16.
2:04:02:05. DCI maintenance procedures. Upon receipt by DCI, DCI personnel shall label the sample container. DCI personnel shall store the sample until DCI is able to arrange for analysis of the sample. DCI personnel shall retain the documentation accompanying each sample.
Source: 17 SDR 47, effective October 3, 1990; 28 SDR 83, effective December 16, 2001.
General Authority: SDCL 23-5-16, 23-5-17.
Law Implemented: SDCL 23-5-14, 23-5-16.
2:04:03:01. County reimbursement. If a court requires an individual to bear the cost of collection of blood and saliva specimens pursuant to SDCL 23-5-18, such funds shall go directly to the county as reimbursement for its costs. If a court does not require an individual to bear the cost of collection because the individual did not receive a sentence or a suspended imposition of sentence or because the individual is indigent, the county shall apply to the Office of the Attorney General for reimbursement of its collection costs. The application shall be on forms provided by the Office of the Attorney General.
Source: 17 SDR 47, effective October 3, 1990; 28 SDR 83, effective December 16, 2001
General Authority: SDCL 23-5-16, 23-5-17.
Law Implemented: SDCL 23-5-18.
2:04:04:01. Thumbprint samples. Thumbprints shall be taken from each samplee in order to verify identity. Thumbprints shall be taken by following normal inked fingerprint procedures, including rolling the samplee's right and left thumbs where indicated on the information card.
Source: 28 SDR 183, effective December 16, 2001.
General Authority: SDCR 23-5-17.
