Attorney General

Criminal Investigation - Forensic Genetic Genealogy Program

Chapter 3: FGG Request and Approval Procedure

Effective Date: 10/23/2024 to Current

Rule Type: Current Rules & Regulations

Reference Number: 015.0026.3.10232024

CHAPTER 3

FGG Request and Approval Procedure

Section 1. Agency Request Procedure.

(a) Each Law Enforcement Agency requesting funding through this program shall submit a request for assistance to the Division.

(b) The Division will require case information from the Law Enforcement Agency prior to consideration for funding, which may be collected by an electronic or paper form. This information shall include:

1. (i) Investigating agency;
2. (ii) Agency case number;
3. (iii) Primary agency contact/investigator;
4. (iv) Case type;
5. (v) Case circumstances;
6. (vi) Evidence sample description and probative value;
7. (vii) Evidence sample status;
8. (viii) Evidence sample condition and age;
9. (ix) History of testing performed on evidence and/or samples;
10. (x) Status of the case in NamUs; and
11. (xi) Status of the case in ViCAP.

(c) The Law Enforcement Agency may submit additional case information as it deems appropriate.

Section 2. Request Evaluation Procedure.

(a) The Division will evaluate each request to ensure the following administrative requirements are met:

(i) Eligible case types include unsolved violent crimes or unidentified remains of suspected homicide victims.

(ii) Samples of interest must be reasonably believed by investigators to be from a putative perpetrator of the offense or from unidentified remains of a suspected homicide victim.

(iii) Evidence samples of interest must have been uploaded to the CODIS and subsequent searches of CODIS must have failed to produce a probative and confirmed DNA match.

(iv) Relevant case information must have been entered into the ViCAP and/or NamUs databases, as applicable. The Agency shall provide the ViCAP and/or NamUs case numbers to the Division.

(b) The Division will evaluate each request to ensure the evidence samples are suitable for the testing methodology being used by an FGG vendor. At a minimum, the following sample attributes will be evaluated to identify risk levels for testing in each case:

(i) Quantity of the DNA sample;

(ii) Quality or degradation level of the DNA sample;

(iii) Mixture presence and contributor proportions of the DNA sample (as applicable);

(iv) Amount of DNA necessary to consume for FGG testing; and

(v) Remainder of DNA for evidence sample(s) in the case.

(c) The Division may contact the Law Enforcement Agency after these evaluations to discuss the eligibility and/or suitability of the request.

(d) The Division will grant or deny each FGG request. This response will be documented and sent to the primary Law Enforcement Agency contact/investigator.

Section 3. Additional Requirements for Approved Requests.

(a) Each Law Enforcement Agency with an approved request for FGG testing shall ensure:

(i) All applicable laws, regulations, policies, and procedures are followed while performing FGG.

(ii) The prosecutor responsible for the respective jurisdiction is in agreement that the evidence sample(s) of interest are suitable and necessary for FGG.

(iii) Informed consent is sought from third parties prior to the collection of reference samples that will be used in the FGG process, unless the collection could compromise the integrity of the investigation.

(A) Agencies collecting a surreptitious reference sample must consult with and receive approval from the prosecutor prior to collection for FGG.

(B) Surreptitious reference sample collection shall be conducted in a lawful manner.

(iv) Suspect reference samples are submitted to the Division for direct comparison to the DNA profile(s) from the forensic evidence. This comparison must be performed prior to the removal of FGG samples from a public database(s).

(v) FGG profiles entered into a public database(s) shall be promptly removed if a suspect is arrested and charged with a criminal offense. The Agency shall document this removal.

(b) After the Division has approved the Agency’s FGG request, the Law Enforcement Agency will work directly with the FGG vendor for the respective investigation.