ODNR Biological Evidence Directive

Purpose

It is recognized that an officer during the course of a law enforcement specific criminal investigations and/or felonious arrest, will be required to collect and preserve DNA evidence. The purpose of this directive is to establish a guideline for officer’s to follow when performing this task in order to comply with Ohio Revised Code.

Definitions

(1)“Biological evidence” means any of the following:

1. The contents of a sexual assault examination kit;
2. Any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or any other identifiable biological material that was collected as part of a criminal investigation or delinquent child investigation and that reasonably may be used to incriminate or exculpate any person for an offense or delinquent act.

(2) “Biological material” means any product of a human body containing DNA. (Defined ORC 2953.71)

(3) “DNA” means human deoxyribonucleic acid. (Defined ORC 109.573)

(4) “Profile” means a unique identifier of an individual, derived from DNA.

Procedures

1. All biological evidence collected as part of a criminal investigation or delinquent child investigation for specified offenses that reasonably may be used to incriminate or exculpate any person for an offense or delinquent act (Includes minors) for these specified offense, will maintain the evidence according to the following retention schedule.

Disposal of evidence can be achieved based on whether the offender pleaded guilty to the offense or was found guilty of the offense.

Pleaded Guilty- If offender pleads guilty or no contest, destruction can occur five years after the plea and any appeals from the plea have been exhausted unless the offender request retention and a court finds good cause to retain the evidence.

Found Guilty- If offender pleaded NOT guilty and was found guilty, destruction may only occur once formal notification by certified mail is made to: 1. The Offender, 2. the attorney of record for the offender 3. The Public Defender 4. County Prosecutor 5. Ohio Attorney General, advising of the intent to destroy. If ANY of the parties objects to the destruction the evidence must be maintained. If none of the parties respond to the request after one year, the evidence can be destroyed. Biological evidence maintained as a result of a guilty finding after a not guilty plea will be maintained for a period of 30 years or until the expiration of latest period of time (whichever come first) that the person is: Incarcerated, Under Community Control Sanctions, under any order of disposition for the offense, under judicial or supervised release for the offense, on probation or parole for the offense, under post-release control for the offense or involved in civil litigation or subject to registration.

If the offender is still incarcerated after 30 years, the evidence must be kept until the offender is released from incarceration or dies. 

Biological evidence that is too large to retain may be destroyed once biological evidence of reasonable retention size is removed and preserved.

An inventory of the biological evidence maintained will be provided to the defendant upon the agency receiving a written request.

Biological evidence will be preserved in a manner and amount sufficient to develop a DNA profile.

Collection of DNA Specimans of Adults Arrested on a Felony Charge

1. Commissioned Personnal must collect a DNA sample from any adult arrested on a felony charge.
2. The DNA specimen must be collected from the suspecy during the intake process at the jail, community based correctional facility, detention facility, or law enforcement agency the suspect is being transported to after the arrest.
3. The DNA specimen must be collected and submited in accordance to the guidleines established by the Ohio Attorney General's Office.