Alabama Administrative Code Title 370 - Alabama Department of Forensic Sciences
Title 370 of the Alabama Administrative Code pertains to the Alabama Department of Forensic Sciences (ADFS). The ADFS is an independent state agency that provides comprehensive forensic services to law enforcement agencies, coroners, medical examiners, and the judicial system throughout Alabama. Its core mission is to provide unbiased scientific analysis of evidence in the pursuit of justice in both criminal and medico-legal investigations.
The ADFS was established in 1935, making it one of the oldest crime laboratory systems in the United States. Its authority and duties are largely derived from Title 36, Chapter 18 of the Code of Alabama 1975.
Primary Responsibilities of the Alabama Department of Forensic Sciences:
The ADFS provides a wide array of forensic services, which are reflected in the administrative code, including:
Forensic Pathology/Death Investigation: Conducting autopsies and external examinations to determine the cause and manner of death in cases of unlawful, suspicious, or unnatural deaths. This includes identifying decedents, collecting evidence, and providing expert testimony.
Drug Chemistry: Analyzing seized drugs and unknown substances to identify controlled substances, illicit drugs, and other chemicals.
Forensic Biology/DNA: Analyzing biological evidence (e.g., blood, semen, saliva, hair) for the presence of DNA to link individuals to crime scenes or victims. They also manage the state's DNA database.
Forensic Toxicology: Analyzing biological samples (blood, urine, tissue) for the presence and quantity of alcohol, drugs, and other chemical substances, often in cases of impaired driving (DUI) or suspicious deaths.
Firearms and Toolmarks: Examining firearms, ammunition components, and toolmarks (e.g., from burglaries) to link evidence to specific weapons or tools.
Latent Prints: Processing crime scenes and evidence for latent fingerprints and comparing them to known prints for identification.
Trace Evidence: Analyzing small pieces of evidence like fibers, hairs (non-DNA), paint, glass, and soil.
Implied Consent/Breath Alcohol Testing Program: Administering the state's breath alcohol testing program for DUI enforcement. This includes providing evidential breath testing instruments to law enforcement, training and certifying operators, and ensuring the program's scientific reliability.
Key Chapters within Alabama Administrative Code, Title 370:
The administrative code for the ADFS focuses on the technical and procedural aspects of its scientific services, particularly those that have legal implications for evidence admissibility.
Chapter 370-1-1 - CHEMICAL TEST FOR INTOXICATION: This is a crucial chapter, detailing the methods and procedures for the chemical analysis of blood, urine, and other bodily substances to determine the presence and/or quantity of alcohol or other chemical substances (drugs) in the context of the Alabama Chemical Test for Intoxication Act (§32-5A-194 Code of Ala. 1975). It covers:
Purpose and definitions (e.g., "alcohol" refers to ethanol).
Qualifications and certification permits for forensic scientists to perform these analyses.
Specific methods for analysis, such as Gas Chromatography for volatile compounds (like alcohol) and screening technology with Mass Spectrometry for drugs, all performed according to the ADFS Toxicology Discipline's Standard Operating Procedures.
It also likely covers procedures for breath alcohol testing, calibration, and maintenance of breath testing instruments, and training of law enforcement operators.
Chapter 370-2-1 - SAMPLE COLLECTION FOR DNA DATABASE: This chapter likely details the procedures for collecting DNA samples from convicted persons as required by law, and the processes for managing, storing, and exchanging DNA records within the state's DNA database system, ensuring compatibility with FBI procedures (e.g., CODIS).
Chapter 370-3-1 - IGNITION INTERLOCK RULES: These rules would pertain to the proper functioning, calibration, and data management of ignition interlock devices, which are mandated for certain DUI offenders. The ADFS would set standards for the accuracy and reliability of these devices and potentially oversee the certification of providers or installers.
Chapter 370-4-1 - DETERMINATION OF TETRAHYDROCANNABINOL (THC) CONTENT IN CANNABIDIOL (CBD) OR ANY OTHER PREPARATION THEREOF: This chapter is highly relevant to the evolving landscape of cannabis and hemp products. It sets the methodologies and standards for the ADFS to determine the THC content in CBD products or other cannabis preparations to distinguish legal hemp (low THC) from illegal marijuana (high THC). This is vital for law enforcement and legal purposes.
Where to Find the Full Text:
For the most accurate and up-to-date versions of the Alabama Administrative Code, Title 370, you should consult official sources:
Alabama Legislative Services Agency / Administrative Code: This is the primary official source for the Alabama Administrative Code. You can browse or search by agency (Agency 370).
Legal Information Institute (LII) at Cornell Law School: Provides a user-friendly compilation of the Alabama Administrative Code.
Justia Regulations - Alabama Administrative Code: Another reliable online compilation.
Alabama Department of Forensic Sciences (ADFS) Official Website: The ADFS website (www.adfs.alabama.gov) is an excellent resource for information about their services, laboratories, history, and often provides direct links or references to their administrative rules and relevant statutes. They also have a dedicated "Implied Consent" section with training information related to breath alcohol testing.
These rules are fundamentally important for forensic scientists, law enforcement officers, attorneys (prosecution and defense), and the judiciary in Alabama, as they dictate the scientific standards and procedures that underpin the admissibility and interpretation of forensic evidence in legal proceedings.
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