EVIDENCE RETENTION & DISPOSAL POLICY

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The laboratory receives thousands of cases from criminal justice agencies on an annual basis. This evidence must be maintained until a reasonable period has lapsed. This insures that the best effort has been made to hold a case until it has been adjudicated.

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Minimum Criteria for Destruction: (Unless otherwise informed)

    

FIREARMS: (see penal law 400.05)

 Safekeeping 1 year

 Misdemeanor Cases 2 years

 Felony Cases 5 years

 Homicide Cases Not Destroyed

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 TOXICOLOGY:

 Probation Cases Positives 6 months

 Probation Cases Negatives 60 days

 Medical Examiner Positives 1 year

 Medical Examiner Negatives 6 months

 DWI/DWAI All 5 years

 Drug Facilitated Sexual Assault All 25 years

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 ALL OTHERS:

 Misdemeanor or Less 2 years

 Felony Cases 5 years

Sexual Assault Cases Kits - 25 years, Other Evidence – 15 years

 Homicide Cases Not Destroyed

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EVIDENCE RETURN

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All evidence submitted for serology and/or DNA analysis shall be returned after the case has been analyzed and a laboratory report has been generated. This policy excludes those items submitted from the Niagara County Sheriff’s Office.

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The laboratory shall not return any evidence directly to civilians. Any evidence to be returned to a civilian, through a court order, shall be returned through the submitting agency.