Kan. Admin. Regs. Agency 10 — Kansas Bureau of Investigation

Article 9 Definitions

Kan. Admin. Regs. § 10-9-1 Definitions

As used in these regulations, the following words and phrases shall have the meanings ascribed to them herein.

(a) "Disposition" means information disclosing that criminal proceedings have been concluded, including information disclosing that a law enforcement officer has elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings and also disclosing the nature of the termination in the proceedings; or information disclosing that proceedings have been indefinitely postponed and also disclosing the reasons for such postponement. Dispositions shall include, but not be limited to, acquittal, not guilty by reason of insanity, charge dismissed, guilty plea, nolle prosequi, nolo contendere plea, convicted, deceased, dismissed— civil action, pardoned, mistrial—defendant discharged, placed on probation, paroled, or released from correctional supervision.

(b) "Conviction" means all pleas of guilty, nolo contendere, or finding of guilty by a court or jury.

(c) "Non-conviction" means all acquittals, dismissals and releases authorized pursuant to K.S.A. 22-2406 or that a prosecutor has elected not to commence criminal proceedings.

(d) "Pending proceeding" refers to that period of time between arrest and disposition.

(e) "Direct access" means having the authority to access the criminal history record data base, whether by manual or automated means.

(f) "Criminal history record information" has the meaning ascribed to it at K.S.A. 1980 Supp. 22-4701(b). All information defined at K.A.R. 10-1-1(b), (c), and (d) is considered within this definition.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704; implementing K.S.A. 1980 Supp. 22-4705; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Article 10 Collection and Reporting

Kan. Admin. Regs. § 10-10-1 Accuracy and completeness

Prior to disseminating criminal history record information, a criminal justice agency shall make every reasonable effort to determine the accuracy of the record disseminated.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704; implementing K.S.A. 1980 Supp. 22-4707; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Kan. Admin. Regs. § 10-10-2 Reporting time frame

Each criminal justice agency required to report criminal history record information to the central repository shall do so within 14 days of the reportable event to which the information relates, unless otherwise specified by law.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2012 Supp. 22-4704, as amended by 2013 HB 2041, sec. 3; implementing K.S.A. 2012 Supp. 22-4705; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981; amended Aug. 23, 2013.)

Kan. Admin. Regs. § 10-10-3 Forms for reporting arrests

Agencies reporting arrests to the central repository shall use only forms provided by the Kansas bureau of investigation or Federal bureau of investigation.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704; implementing K.S.A. 1980 Supp. 22-4705; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Kan. Admin. Regs. § 10-10-4 Reporting of dispositions

District attorneys, county attorneys, city attorneys and special prosecutors shall report the disposition of all cases in which an arrest was made within his or her jurisdiction to the central repository, except in those cases where the disposition has been reported by another criminal justice agency.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704; implementing K.S.A. 1980 Supp. 22-4705; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Kan. Admin. Regs. § 10-10-5 Electronic reporting by district courts

Each district court shall electronically report all case filings and dispositions for all violations of K.S.A. 8-1567, K.S.A. 2013 Supp. 8-1025, K.S.A. 2013 Supp. 21-5426, K.S.A. 2013 Supp. 21-6419, K.S.A. 2013 Supp. 21-6420, K.S.A. 2013 Supp. 21-6421 or K.S.A. 2013 Supp. 21-6422, and amendments thereto, to the central repository. The case filings and dispositions shall be electronically submitted by a method approved by the director.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2013 Supp. 22-4704, as amended by 2014 HB 2501, sec. 6; effective Aug. 23, 2013; amended, T-10-5-30-14, July 1, 2014; amended Sept. 19, 2014.)

Article 11 Security

Kan. Admin. Regs. § 10-11-1 Personnel security; direct access

Direct access to criminal history record information is prohibited except by employees of a criminal justice agency. Physical security of criminal history record information shall be maintained by a criminal justice agency by storing such information in a way as to prevent direct access by anyone not authorized in this section. In addition, reasonable steps shall be taken by a criminal justice agency to insure that criminal history record information will be secure from theft, sabotage, fire, wind, and other natural or man-made disasters.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704; implementing K.S.A. 1980 Supp. 22-4706; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Kan. Admin. Regs. § 10-11-2 Transmission of non-conviction criminal history record information

Except when necessary to protect human life, non-conviction criminal history record information shall not be transmitted by any means which may be lawfully intercepted by a person not authorized to have direct access to such information.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704; implementing K.S.A. 1980 Supp. 22-4707; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Article 12 Dissemination

Kan. Admin. Regs. § 10-12-1 Dissemination of conviction records

(a) Except as provided in subsection (c), the KBI shall be the sole agency releasing criminal history record information from the Kansas central repository for non-criminal justice purposes. Upon request by any individual, the KBI may, at its discretion, release conviction information from the central repository. Each request for conviction information shall include the name, sex, and date of birth of the individual in question and shall be accompanied by a fee as prescribed by the director of the KBI.

(b) Upon a request by a non-criminal justice agency or an individual, a criminal justice agency other than the KBI may provide any conviction information originated by that criminal justice agency. Each request for a conviction record shall include as part of the request the name, sex, and date of birth of the individual in question.

(c) A criminal justice agency may obtain conviction information from the KBI for a non-criminal justice purpose only if required under a municipal ordinance or county resolution for governmental licensing or certification purposes.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 22-4704; implementing K.S.A. 22-4707; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981; amended April 19, 2002.)

Kan. Admin. Regs. § 10-12-2 Dissemination of non-conviction criminal history record information

Criminal justice agencies may provide non-conviction criminal history record information to the following: (a) other criminal justice agencies;

(b) those authorized by court order or subpoena; and

(c) federal agencies for such investigative purposes as authorized by law or presidential executive order.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1982 Supp. 22-4704; implementing K.S.A. 1982 Supp. 22-4707; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981; amended May 1, 1984.)

Kan. Admin. Regs. § 10-12-3 Dissemination by criminal justice information system employees

Persons employed as part of a criminal justice information system, which is not operated by a criminal justice agency, shall disseminate criminal history record information only to a criminal justice agency as defined in K.S.A. 1980 Supp. 22-4701.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704; implementing K.S.A. 1980 Supp. 22-4707; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Article 13 Inspection and Challenge

Kan. Admin. Regs. § 10-13-1 Right to review and challenge decisions

(a) Upon presentation of proper identification, a person may request a copy of that person's criminal history record information and juvenile offender information retained at the local level or at the KBI. Requested criminal history record information and juvenile offender information may be provided in abstract form by mail or electronic transmission, at the discretion of the providing agency. The providing agency shall include with the record written notification to the individual of the right to challenge the accuracy of the content of the individual's record and the procedures to submit these challenges. Any unresolved challenge may be reviewed by the director of the KBI or the authorized designee.

(b) All corrections made to the record by local agencies shall be reported to the KBI.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 22-4704; implementing K.S.A. 22-4709, 38-1608, 38-1618; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981; amended April 19, 2002.)

Kan. Admin. Regs. § 10-13-2 Inspection and challenge

The inability of a criminal justice agency to locate a disposition shall not be reason for denying an individual's right of inspection and challenge on grounds that the record is incomplete.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704; implementing K.S.A. 1980 Supp. 22-4709; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Article 14 Auditing Criminal Justice Agencies

Kan. Admin. Regs. § 10-14-1 Logging of disseminations

All disseminations shall be logged, including disseminations made by radio transmission pursuant to K.A.R. 10-11-2 except that, radio transmissions of conviction data are not subject to this requirement.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704; implementing K.S.A. 1980 Supp. 22-4706; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Kan. Admin. Regs. § 10-14-2 Disclosure of dissemination log

Dissemination logs shall be confidential and released only to a criminal justice agency.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704; implementing K.S.A. 1980 Supp. 22-4707; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Article 15 Reportable Events; Duplication

Kan. Admin. Regs. § 10-15-1 Reportable events, duplication

No criminal justice agency shall knowingly provide a duplicate report of an event required by K.S.A. 1980 Supp. 22-4705. A criminal justice agency may fulfill its reporting responsibility by agreements with other criminal justice agencies.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1980 Supp. 22-4704, 22-4705; implementing K.S.A. 1980 Supp. 22-4706; effective, E-81-31, Oct. 8, 1980; effective May 1, 1981.)

Article 19 Juvenile Justice Information System

Kan. Admin. Regs. § 10-19-1 Definitions

As used in these regulations, the following words and phrases shall have the meanings ascribed to them herein.

(a) "Juvenile" means any person under the legal age of majority.

(b) "Juvenile justice information system" means data initiated or collected by a juvenile justice agency on a person under the age of majority, including any juvenile offender, any child in need of care, and any person under the age of majority processed through adult court.

(c) "Missing child" means any person under the age of 18 whose location has not been determined, who has been reported missing, and for whom a verified report has been filed with local law enforcement.

(d) "Runaway" means any person under the age of 18 who has been reported to be a runaway and for whom a verified report has been filed with the local law enforcement agency.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 1983 Supp. 38-1617, 38-1618, and L. 1984, Ch. 115, Sec. 1, Sec. 2; effective, T-86-1, Jan. 9, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 10-19-2 Additional reportable events

Additional reportable events shall include: (a) clearance of an offense through the identification of an alleged perpetrator;

(b) the issuance of a summons;

(c) filing or non-filing of a complaint;

(d) diversion activities;

(e) an order of temporary custody;

(f) referral of a child in need of care to law enforcement;

(g) filing or non-filing of a petition;

(h) entry of a judgement of an appellate court; and

(i) reports of missing or runaway juveniles.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 1983 Supp. 38-1617, and L. 1984, Ch. 115, Sec. 1; effective, T-86-1, Jan. 9, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 10-19-3 Obligation to report

Each juvenile justice agency obligated to report to the juvenile justice information system shall do so within 14 days of the occurrence of the reportable event to which the information relates, unless otherwise specified by law.

Reports of missing or runaway juveniles shall be made immediately to the system upon receipt by the local agency with concurrent entry into the national crime information center system.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 1983 Supp. 38-1618, and L. 1984, Ch. 115, Sec. 2; effective, T-86-1 , Jan. 9, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 10-19-4 Accuracy and completeness

Each juvenile justice agency shall make all necessary efforts to ensure the accuracy and completeness of data supplied to the juvenile justice information system.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 1983 Supp. 38-1618, and L. 1984, Ch. 115, Sec. 2; effective, T-86-1, Jan. 9, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 10-19-5 Forms for reporting

Data supplied to the juvenile justice information system shall be on forms, or in a format, approved by the director of the KBI.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 1983 Supp. 38-1618, and L. 1984, Ch. 115, Sec. 2; effective, T-86-1, Jan. 9, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 10-19-6 Duplication in reporting

No juvenile justice agency shall knowingly provide a duplicate report of an event required by the juvenile justice information system.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 1983 Supp. 38-1618, and L. 1984, Ch. 115, Sec. 2; effective, T-86-1, Jan. 9, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 10-19-7 Responsibility for reporting

Events which shall be reported include the following. (a) Each law enforcement agency shall report:

(1) clearance of an offense through the identification of an alleged perpetrator;

(2) contacts pursuant to the child in need of care code;

(3) taking a juvenile into custody;

(4) release of a juvenile without referral to the county or district attorney;

(5) placement of a juvenile in a detention shelter or youth residential facility;

(6) release of a juvenile from a juvenile detention facility;

(7) fingerprinting of juveniles taken into custody for a felony-type offense;

(8) referral of a juvenile to the county or district attorney or the department of social and rehabilitation services; and

(9) reports of missing or runaway juveniles.

(b) Each detention, shelter or youth residential facility shall report:

(1) admissions;

(2) releases;

(3) escapes from custody; and

(4) issues relative to the state's compliance with the federal juvenile justice and delinquency prevention act.

(c) Each county or district attorney shall report:

(1) the filing or non-filing of a petition;

(2) the filing or non-filing of a complaint;

(3) issuance of an ex parte order to take a child into custody;

(4) issuance of an order of temporary custody for a child in need of care;

(5) detention hearings; and

(6) diversion activities;

(d) Each court shall report:

(1) issuance of a warrant or summons;

(2) probation;

(3) dismissals;

(4) adjudications;

(5) pleadings;

(6) dispositions;

(7) motions for waiver;

(8) appeals;

(9) termination of parental rights;

(10) hearings relative to placement; and

(11) release from jurisdiction or custody.

(e) Each correctional agency and SRS agency shall report:

(1) referrals to the county or district attorney for the filing of a petition or a complaint;

(2) admissions;

(3) releases from custody or jurisdiction;

(4) escapes from commitment or placement; and

(5) treatment during supervision.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 1983 Supp. 38-1618, and L. 1984, Ch. 115, Sec. 2; effective, T-86-1, Jan. 9, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 10-19-8 Implementation, administration, enforcement

When any data on a juvenile offender of an identifiable nature is released to a party specifically authorized by law to receive that data, and when the accuracy of the identification cannot be determined due to the absence of fingerprint records for comparison, the data shall be accompanied by a statement attesting to the lack of positive identification of the subject of the data.

Release of any data on a child in need of care of an identifiable nature is strictly limited as defined by statute.

Juvenile justice agencies failing to report as required by these sections shall be referred to the attorney general for appropriate action.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 1983 Supp. 38-1618, and L. 1984, Ch. 115, Sec. 2(f); effective, T-86-1, Jan. 9, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 10-19-9 Fingerprints and photographs

(a)(1) Fingerprints taken of any person under the age of majority for state and local purposes shall be taken on standardized juvenile fingerprint cards as provided by the central repository. Disposition forms shall not be required on these fingerprints.

(2) If any person is processed for an adult violation or if any person will be handled as an adult by the court, that person's fingerprints shall also be taken on an FBI card. The FBI card shall indicate that the person will be handled as an adult. If the person is 16 or 17 years of age, an FBI card may be taken. Disposition sheets shall be completed for all FBI cards taken.

(b) All fingerprints taken on persons under the age of majority and the related disposition sheets shall be submitted to the central repository for processing within 14 days of the date they were taken.

The arresting agency or the agency serving summons shall have the responsibility for ensuring that required fingerprints are taken.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 1984, Ch. 157, Sec. 3; effective, T-86-1, Jan. 9, 1985; effective May 1, 1986.)

Article 20 Missing Persons; Unidentified Deceased Persons

Kan. Admin. Regs. § 10-20-1 Definitions

As used in these regulations, the following terms shall have the meanings specified in this regulation: (a) "Missing person" means any person of any age whose location is not currently known and who is reported missing by any individual.

(b) "Missing and unidentified person system" means the state system maintained by the KBI that contains information on missing persons and unidentified persons.

(c) "NCIC" means the federal bureau of investigation's (FBI's) national crime information center.

(d) "Unidentified person" means any unidentified deceased person, any person of any age who is living and whose identity cannot be ascertained, any unidentified victim of a catastrophe, or any human remains.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2006 Supp. 75-712b; effective May 1, 1986; amended May 4, 2007.)

Kan. Admin. Regs. § 10-20-2 Procedures and forms for reporting any missing person

(a) All law enforcement agencies shall accept without delay any report of a missing person made by any individual.

(b) Unless law enforcement knows the exact physical location of any missing person, the law enforcement agency shall upon receipt of the report enter the information into NCIC as prescribed by the chapter titled "missing person file," which is contained in the "NCIC 2000 operating manual," as in effect on November 8, 2006 and hereby adopted by reference, to create an active record.

(c) After the initial NCIC entry report has been made, the law enforcement agency shall attempt to obtain additional information as prescribed by the "NCIC missing person file data collection entry guide," revised February 2006 and hereby adopted by reference, and enter the information into NCIC as promptly as possible and no longer than 30 days from the date of the initial report.

(d) If the person identified in the missing person report remains missing after 30 days, the law enforcement agency shall contact family members of the missing person and attempt to obtain DNA samples for comparison purposes as prescribed by the "national missing persons program family reference sample collection kit," dated April 2005 by the U.S. department of justice and hereby adopted by reference.

(e) The law enforcement agency shall advise the reporting party to notify the law enforcement agency no later than 24 hours after the missing person returns or is located.

(f) Upon locating each missing person, the law enforcement agency shall remove the entry from NCIC.

(g) A law enforcement agency shall not remove a missing person's report from NCIC based solely on the person's age.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2006 Supp. 75-712b; effective May 1, 1986; amended July 7, 1997; amended May 4, 2007.)

Kan. Admin. Regs. § 10-20-2a Procedures and forms for reporting any unidentified person

(a) All law enforcement agencies shall accept without delay any report of any unidentified person made by any individual.

(b) The law enforcement agency shall upon receipt of the report enter the information into NCIC as prescribed by the chapter titled "unidentified person file," which is contained in the "NCIC 2000 operating manual," as in effect on November 8, 2006 and hereby adopted by reference, to create an active record.

(c) After the initial NCIC entry report has been made and at the time of autopsy of any unidentified deceased person, the law enforcement agency shall obtain and immediately enter information into NCIC as prescribed by the "NCIC unidentified person file data collection entry guide," revised February 2006 and hereby adopted by reference. In the case of an unidentified living person, law enforcement shall obtain and enter information as prescribed in this subsection as promptly as possible and no longer than 30 days from the date of the initial report.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2006 Supp. 75-712b, K.S.A. 2006 Supp. 75-712c, and K.S.A. 2006 Supp. 75-712d; effective April 19, 2002; amended May 4, 2007.)

Kan. Admin. Regs. § 10-20-4 Dissemination

(a) All information contained in the KBI missing and unidentified person system shall be available to all law enforcement officers and coroners in this state, other governmental entities in the state who have a need to know the information for criminal justice purposes, and the federal bureau of investigation.

(b) Any member of the public may request data from the KBI missing and unidentified person system at any time and receive information in accordance with Kansas law.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 75-712b, as amended by L. 2006, ch. 37, sec. 1; effective May 1, 1986; amended July 7, 1997; amended May 4, 2007.)

Article 21 Kansas Bureau of Investigation DNA Databank

Kan. Admin. Regs. § 10-21-1 Definitions

As used in this article of the KBI's regulations, each of the following terms shall have the meaning specified in this regulation:

(a) "Buccal sample" means a biological sample obtained from a person's inner cheek and oral fluid.

(b) "CODIS" means combined DNA index system. CODIS is the FBI's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories.

(c) "DNA" means deoxyribonucleic acid.

(d) "Director" means director of the KBI.

(e) "DNA analysis" means the process through which DNA in a human biological specimen is analyzed and compared with DNA from another human biological specimen for identification purposes.

(f) "DNA databank" means the repository of DNA samples collected pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

(g) "DNA database" means the KBI's DNA identification record system. It is administered by the KBI and provides DNA records to the FBI for storage and maintenance in CODIS. The KBI's DNA database system is computer software and procedures administered by the KBI, to store and maintain DNA records submitted pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, and DNA records used for identifying individuals or quality control.

(h) "DNA record" means DNA identification information stored in the DNA database or CODIS. The DNA record is the result obtained from the DNA analysis tests. The DNA record is comprised of the characteristics of a DNA sample that are of value in establishing the identity of individuals. The DNA record shall not contain any of the personal information submitted to the KBI on any form prescribed by the director. The results of all DNA identification tests on an individual's DNA sample are also collectively referred to as the DNA profile of an individual.

(i) "DNA sample" means any blood sample or buccal sample submitted pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, or submitted to the KBI laboratory for analysis pursuant to a criminal investigation.

(j) "FBI" means federal bureau of investigation.

(k) "KBI" means Kansas bureau of investigation.

(l) "Law enforcement" means those law enforcement officers and agencies authorized to receive information under K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

(m) "NDIS" means national DNA index system. NDIS is the FBI's centralized system of DNA identification records contributed by state and local forensic DNA laboratories.

(n) "Population statistic database" means a set of data from representative groups of individuals that is used to estimate the frequency of a particular DNA profile in a population.

(o) "Registered offender" means any person required to register as an offender pursuant to the Kansas offender registration act, K.S.A. 22-4901 et seq. and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2022 Supp. 21-2511 and K.S.A. 2022 Supp. 22-4904; effective Dec. 22, 1995; amended April 19, 2002; amended Dec. 8, 2023.)

Kan. Admin. Regs. § 10-21-2 Purpose of DNA identification

The DNA databank shall be utilized only for the following purposes:

(a) For identifying investigative leads in criminal investigations;

(b) for locating missing persons;

(c) for identifying unknown human remains;

(d) for a population statistic database, after personal identifiable information is removed; or

(e) for research, protocol development, and quality control, after personal identifiable information is removed.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2001 Supp. 21-2511; effective Dec. 22, 1995; amended April 19, 2002.)

Kan. Admin. Regs. § 10-21-3 Procedural compatibility with the FBI

(a) The DNA database shall be compatible with the following documents, which are hereby adopted by reference:

(1) The FBI's "national DNA index system (NDIS) operational procedures manual," version 11, effective July 1, 2022, including the appendices, except for the following:

(A) Table of contents;

(B) introduction;

(C) all sections describing responsibilities of the NDIS Custodian, FBI's CODIS Unit, NDIS Audit Review Panel, NDIS Procedures Board, director of the FBI, and deputy assistant director of the FBI;

(D) section 4.3 "standards for acceptance of mitochondrial DNA records at NDIS," section 4.4 "standards for acceptance of next generation sequencing DNA records at NDIS," and section 4.6 "rapid DNA analysis systems;"

(E) appendix C; and

(F) glossary.

(2) the FBI's "quality assurance standards for DNA databasing laboratories," effective July 1, 2020 and the FBI's "quality assurance standards audit for DNA databasing laboratories" in effect July 1, 2020.

(b) DNA samples shall be received by the KBI for storage and analysis. The DNA analysis may be conducted under contract with the KBI by a qualified DNA laboratory that meets KBI procedural guidelines.

(1) Each DNA record submitted pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall be classified and filed by the KBI for the purposes specified in K.A.R. 10-21-2.

(2) The identity of individuals in the DNA database shall be made available to local, state, and federal law enforcement, approved CODIS crime laboratories that serve law enforcement, and the county or district attorney's office in furtherance of a criminal investigation.

(c) A separate population statistic database that is comprised of DNA records from which all personal identifiers have been removed may be created by the KBI. This population statistic database may be made available to and searched by other approved CODIS crime laboratories or third parties that the KBI deems necessary to assist with analyses of the population statistic database.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2022 Supp. 21-2511 and K.S.A. 2022 Supp. 22-4904; effective Dec. 22, 1995; amended April 19, 2002; amended Dec. 8, 2023.)

Kan. Admin. Regs. § 10-21-4 Expungement

(a) Any person whose DNA record or profile has been included in the DNA database and whose DNA sample is stored in the DNA databank may apply for expungement on any of the grounds specified in K.S.A. 21-2511, and amendments thereto.

(b) The person, either individually or through an attorney, may make application to the KBI for expungement of the DNA record. The written application for expungement shall be on a form approved by the KBI and shall include the following information about the person:

(1) Name;

(2) date of birth;

(3) sex;

(4) race;

(5) place of birth, including city and state;

(6) district court case number and county;

(7) offense or offenses;

(8) county of arrest, charge, or conviction; and

(9) social security number.

(c) The application shall be submitted to the KBI along with a certified copy of the final order of reversal, dismissal, acquittal, or expungement of arrest, which shall be attached to the application for expungement.

(d) When an application for expungement is submitted, the record contained in the state's DNA databank and DNA database shall be reviewed by the KBI to confirm the existence of the DNA record and the identity of the person who submitted a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto. The DNA record and all other identifiable information shall be purged from the DNA database, and the DNA sample stored in the DNA databank shall be purged after the person no longer meets the requirements to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

(e) If the person has more than one offense that requires submission of a DNA sample to the DNA databank, then only the offense covered by the expungement shall be expunged. The samples submitted shall be retained if additional offenses require retention pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

(f) If a person has a record expunged, that person shall be treated as not having had a DNA record in the DNA database, DNA databank, or CODIS for that offense.

(g) Upon receiving information regarding a person who submitted a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq. and amendments thereto, a DNA record may be expunged by the KBI on its own initiative according to this article of the KBI's regulations.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2022 Supp. 21-2511 and K.S.A. 2022 Supp. 22-4904; effective Dec. 22, 1995; amended April 19, 2002; amended Dec. 8, 2023.)

Kan. Admin. Regs. § 10-21-5 Maintenance

(a) Access to DNA samples shall be limited to DNA analysis for profiles included in the DNA databank.

(b) All DNA records and samples obtained by the KBI shall be maintained, preserved, and securely stored by the KBI.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2022 Supp. 21-2511 and K.S.A. 2022 Supp. 22-4904; effective Dec. 22, 1995; amended April 19, 2002; amended Dec. 8, 2023.)

Kan. Admin. Regs. § 10-21-6 Collection of samples for DNA databank

(a) The collection, labeling, storage, handling, preservation, and shipment of DNA samples obtained from persons required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, for the DNA databank shall be in conformance with the manner prescribed by the director. Copies of the applicable protocol may be obtained from the KBI laboratory.

(b) Each person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall be positively identified using photo identification before taking the DNA sample.

(c) When the person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq. and amendments thereto is positively identified, one buccal sample shall be taken from the person.

(d) Each buccal sample shall be taken using only the DNA sample collection kit provided by the KBI.

(e)(1) The DNA information form provided in the collection kit or generated from the remote-collection software shall be completed, providing all information requested on the form.

(2) The left and right thumbs of the person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall be imprinted by means of an inked impression in the spaces indicated on the form.

(3) Each person taking the DNA sample and thumbprints shall complete and sign, as indicated on the form, a verification that the DNA sample was taken from the positively identified person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

(f) All buccal samples collected shall be submitted as soon as possible to the KBI in the manner prescribed in the DNA sample collection kit's instructions.

(g) Results from the DNA analysis made from buccal samples obtained from persons required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall be entered into the DNA database.

(h) Each person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall submit the DNA sample upon arrest, charge, or placement in custody pursuant to K.S.A. 21-2511, and amendments thereto, or upon registration pursuant to K.S.A. 22-4901 et seq., and amendments thereto.

(i) Law enforcement shall facilitate the collection of DNA samples. Each person required to submit a DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto, shall have the DNA sample collection kit completed at a law enforcement agency.

(j) When any person is convicted or adjudicated, the cost or fee associated with collection of the DNA sample shall be paid by the person submitting the DNA sample pursuant to K.S.A. 21-2511 or 22-4901 et seq., and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2022 Supp. 21-2511 and K.S.A. 2022 Supp. 22-4904; effective Dec. 22, 1995; amended April 19, 2002; amended Dec. 8, 2023.)

Article 22 Field Testing for Controlled Substances

Kan. Admin. Regs. § 10-22-1 Approved field tests

(a) Law enforcement officers shall use only the field tests specified in this regulation on suspected controlled substances for admission of the field test results at any preliminary examination pursuant to K.S.A. 22-2902, and amendments thereto.

(b) The following reagents shall be the only reagents approved by the director of the Kansas bureau of investigation (KBI) for reagent-based field tests:

(1) Chen's reagent;

(2) cobalt thiocyanate reagent;

(3) Dille-Koppanyi reagent;

(4) Duquenois-Levine reagent;

(5) Ehrlich's reagent;

(6) fast blue B or BB reagent or the salts of either reagent;

(7) Fröhdes reagent;

(8) Mandelin reagent;

(9) Marquis reagent;

(10) Mecke's reagent;

(11) nitric acid reagent;

(12) Sanchez reagent;

(13) Scott reagent;

(14) sodium nitroprusside reagent, which is also known as nitrosylpentacyanoferrate, nitroprussidnatrium, sodium nitroprussate, sodium nitrosylpentacyanoferrate, or disodium pentacyanonitrosylferrate. This reagent may be used only in conjunction with the Marquis reagent; and

(15) Zwikker reagent.

(c) The following instruments shall be the only instruments approved by the director of the KBI for instrument-based field tests:

(1) B&W Tek TacticID®-N handheld Raman analyzer, without utilizing the "mixture ID" software feature;

(2) Thermo Scientific TruNarc™ handheld narcotics analyzer;

(3) Thermo Scientific FirstDefender™ RM chemical identification system handheld Raman analyzer;

(4) Thermo Scientific Gemini™ analyzer handheld Raman and Fourier transform infrared (FTIR) analyzer; and

(5) Smiths Detection HazMatID™ Elite handheld FTIR analyzer.

(d) The following test shall be the only immunoassay test approved by the director of the KBI for immunoassay-based field tests:

(1) DetectaChem Inc.'s MobileDetect™ Fentanyl Test Strip Kit.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 22-2902c; effective March 11, 2005; amended June 17, 2005; amended Sept. 20, 2019; amended Feb. 11, 2022; amended Jan. 5, 2024.)

Article 23 Kansas Asset Seizure and Forfeiture Repository

Kan. Admin. Regs. § 10-23-1 Definitions

As used in this article of the KBI's regulations, each of the following terms shall have the meaning specified in this regulation:

(a) "Director" means director of the KBI.

(b) "KBI" means Kansas bureau of investigation.

(c) "Law enforcement agency" means any Kansas entity vested by law with a duty to maintain public order or to make arrests for violations of the laws of Kansas or ordinances of any Kansas municipality. A law enforcement agency is deemed a seizing agency when the law enforcement agency makes a seizure for forfeiture.

(d) "Repository" means the Kansas asset seizure and forfeiture repository.

(e) "Seizing agency" has the meaning specified in K.S.A. 60-4102, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2018 Supp. 60-4127; effective June 21, 2019.)

Kan. Admin. Regs. § 10-23-2 Accuracy and completeness; duplicate reporting prohibited

Each law enforcement agency shall ensure the accuracy and completeness of all information that the law enforcement agency submits to the repository. No law enforcement agency shall knowingly provide a duplicate of any report required by the repository.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2018 Supp. 60-4127; effective June 21, 2019.)

Kan. Admin. Regs. § 10-23-3 Means of reporting

The information reported to the repository shall be submitted electronically or on a paper form that has been approved by the director.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2018 Supp. 60-4127; effective June 21, 2019.)

Kan. Admin. Regs. § 10-23-4 Seizure for forfeiture report

Once a seizing agency submits a seizure for forfeiture report to the repository, the repository staff shall review the report. Repository staff shall contact the seizing agency if the staff has any questions about the report. If the seizure for forfeiture report needs to be changed, the seizing agency shall submit an amended report to the repository within 30 calendar days of the date on which the repository staff requests an amended report.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2018 Supp. 60-4127; effective June 21, 2019.)

Kan. Admin. Regs. § 10-23-5 Forfeiture fund report

(a)(1) Once a law enforcement agency submits a forfeiture fund report for the preceding calendar year, the repository staff shall review the report.

(2) Repository staff shall contact the law enforcement agency if the staff has any questions about the forfeiture fund report. If the report needs to be changed, the law enforcement agency shall submit an amended report to the repository within 30 calendar days of the repository staff's request for an amended report.

(b) If a law enforcement agency had zero seizures for forfeiture during the preceding calendar year, the law enforcement agency shall provide verification to the repository of no activity on the forfeiture fund report on or before the following February 1.

(c) Repository staff shall electronically send a request to complete a forfeiture fund report to all law enforcement agencies that have not met the requirements of paragraph (a)(1) or subsection (b). Each law enforcement agency that receives the request to complete a forfeiture fund report shall provide the repository with a forfeiture fund report or an electronic signature confirming zero seizures for forfeiture during the preceding calendar year. Each law enforcement agency that receives the request to complete a forfeiture fund report shall respond to the repository within 30 calendar days of the date on which the request was sent by the repository.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2018 Supp. 60-4127; effective June 21, 2019.)

Kan. Admin. Regs. § 10-23-6 Point of contact

With each annual submission of the forfeiture fund report, each law enforcement agency shall provide the repository with a point of contact for the law enforcement agency, including name, phone number, electronic-mail address, and mailing address. Each law enforcement agency shall notify the repository within 30 calendar days of any change in the point of contact's information.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2018 Supp. 60-4127; effective June 21, 2019.)

Article 24 Kansas Scrap Metal Data Repository

Kan. Admin. Regs. § 10-24-1 Definitions

As used in this article of the KBI's regulations, each of the following terms shall have the meaning specified in this regulation:

(a) "KBI" means Kansas bureau of investigation.

(b) "Repository" means the Kansas scrap metal data repository.

(c) "Seller" means an individual selling regulated scrap metal to a scrap metal dealer.

(d) "Transaction" means the purchase or receipt of any junk vehicle or regulated scrap metal by a scrap metal dealer that requires information to be recorded pursuant to K.S.A. 2019 Supp. 50-6,110, as amended by L. 2019, ch. 66, sec. 6, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2019 Supp. 50-6,110, as amended by L. 2019, ch. 66, sec. 6; effective, T-10-5-4-20, July 1, 2020; effective Sept. 11, 2020.)

Kan. Admin. Regs. § 10-24-2 Information to be submitted

For each transaction, each scrap metal dealer shall submit to the KBI the following information for entry into the repository:

(a) The date and place of the transaction;

(b) the seller's name, address, date of birth, and sex;

(c)(1) The identifying number from the seller's driver's license, military identification card, passport, or personal identification license; or

(2) the identifying number from the seller's official governmental document for a country other than the United States;

(d) the license number, make, and model of the vehicle in which the junk vehicle or other regulated scrap metal is delivered in the transaction, if applicable;

(e) a general description, made in accordance with the custom of the trade, of the predominant type of junk vehicle or other regulated scrap metal property purchased in the transaction;

(f) the weight or quantity, made in accordance with the custom of the trade, of the regulated scrap metal property purchased;

(g) if a junk vehicle or vehicle part, a description of the junk vehicle or vehicle part, including the make, the model, and either the vehicle identification number or the serial number; and

(h) the name of the individual acting on behalf of the scrap metal dealer in making the purchase.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2019 Supp. 50-6,110, as amended by L. 2019, ch. 66, sec. 6; effective, T-10-5-4-20, July 1, 2020; effective Sept. 11, 2020.)

Kan. Admin. Regs. § 10-24-3 Manner of submission

Each scrap metal dealer shall submit the information specified in K.A.R. 10-24-2 to the repository either by using the KBI's electronic form online or by using a standard software interface to electronically transfer the information from the scrap metal dealer's transaction storage system to the repository.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2019 Supp. 50-6,110, as amended by L. 2019, ch. 66, sec. 6; effective, T-10-5-4-20, July 1, 2020; effective Sept. 11, 2020.)

Article 25 Testing Oral Fluid for Law Enforcement Purposes

Kan. Admin. Regs. § 10-25-1 Definitions

As used in this article of the KBI's regulations, each of the following terms shall have the meaning specified in this regulation:

(a) "Agency" means any law enforcement agency under whose authority preliminary oral fluid screening tests are performed.

(b) "Director" means director of the KBI.

(c) "KBI" means Kansas bureau of investigation.

(d) "Preliminary oral fluid screening test" means a test to determine the presence or absence of drugs in the oral fluid of a person for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized in K.S.A. 8-1001, and amendments thereto.

(e) "Preliminary oral fluid screening test device" and "device" mean an instrument designed to perform a preliminary oral fluid screening test.

(f) "Preliminary oral fluid screening test device operator" means the employee at an agency who is responsible for administering preliminary oral fluid screening tests.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 75-712h, as amended by L. 2022, ch. 80, sec. 23; effective Feb. 17, 2023.)

Kan. Admin. Regs. § 10-25-2 Preliminary oral fluid screening test devices

(a) Each preliminary oral fluid screening test conducted shall be performed on a device approved by the director.

(b) The device approved for use shall be the Abbott SoToxa™ model.

(c) Each agency shall be responsible for the training of preliminary oral fluid screening test device operators. All training shall follow the operational instructions supplied by the manufacturer for the device in use.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 75-712h, as amended by L. 2022, ch. 80, sec. 23; effective Feb. 17, 2023.)