(1)“Biological evidence” means an individual’s blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids or other identified biological material. “Biological evidence” includes the contents of a Sexual Assault Forensic Evidence (SAFE) kit.
(2)“Buccal” and “buccal swab” means the collection of DNA from the cells and saliva contained on the inside of a person’s cheek or mouth by means of a sterile cotton swab.
(3)“Chain of custody” means written or electronic continuous chronological documentation of the seizure, custody, control, transfer, analysis, access to, and disposition of biological evidence.
(4)“Convicted” includes a finding of guilty or responsible except for insanity and a finding that a person is within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction).
(5)“Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. “Correctional facility” includes a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 (Incapacity due to immaturity) to 161.370 (Determination of fitness to proceed). “Correctional facility” includes a youth correctional facility as defined in ORS 420.005 (Definitions) and a detention facility as defined in ORS 419A.004 (Definitions).
(6)“Covered offense” means:
(a)Aggravated murder under ORS 163.095 (“Aggravated murder” defined);
(b)Murder under ORS 163.115 (Murder in the second degree);
(c)Manslaughter in the first degree under ORS 163.118 (Manslaughter in the first degree);
(d)Manslaughter in the second degree under ORS 163.125 (Manslaughter in the second degree);
(e)Aggravated vehicular homicide under ORS 163.149 (Aggravated vehicular homicide);
(f)Rape in the first degree under ORS 163.375 (Rape in the first degree);
(g)Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree); or
(h)Unlawful sexual penetration in the first degree under ORS 163.411 (Unlawful sexual penetration in the first degree).
(7)“Custodian” means a law enforcement agency as defined in ORS 131.550 (Definitions for ORS 131.550 to 131.600), or any other person or public body as defined in ORS 174.109 (“Public body” defined), that is charged with the collection, preservation or retrieval of evidence in connection with a criminal investigation or criminal prosecution. “Custodian” does not include a court.
(8)“DNA” means deoxyribonucleic acid.
(9)“Sentence” means a term of incarceration in a correctional or juvenile detention facility, a period of probation, parole or post-prison supervision and the period of time during which a person is under the jurisdiction of the Psychiatric Security Review Board.
(10)“Store” and “Storage” means the time between the initial collection of biological evidence and the expiration of the retention periods for biological evidence under ORS 133.707 (Custodian’s obligation to preserve biological evidence) and these administrative rules.
(11)“Victim” has the meaning given that term in ORS 131.007 (“Victim” defined).
Rule 137-140-0020 — Definitions,