Current through Register Vol. 48, No. 07, July 26, 2024
Section 73-90 - Duties of Evidence CustodiansA. Any law enforcement officer or law enforcement employee who receives suspected controlled substance evidence or paraphernalia from another law enforcement officer or law enforcement employee must maintain the record of the chain of custody.B. Evidence custodians must neither alter the controlled substance evidence themselves nor allow others to alter the evidence except as may be reasonably necessary for a Forensic Laboratory analysis or field test. Any alteration of the controlled substance(s) must be documented in writing and the record of alteration must be kept with the chain of custody.C. All evidence custodians shall create or cause to be created a written record concerning the controlled substance evidence within their custody containing at least the following:(1) The name of the evidence custodian(2) The name of the law enforcement agency employing the evidence custodian(3) The capacity of employment of the evidence custodian(4) The date when the controlled substance evidence was received(5) How the controlled substance evidence was received (by mail, in person)(6) From whom the controlled substance evidence was received(7) The name of the agency employing the law enforcement officer or law enforcement employee from whom the controlled substance(s) was received(8) The name of the original seizing officer(9) The description of the controlled substance(s) or container(s) alleged to contain a controlled substance, using sufficient particularity to distinguish it.D. Each and every evidence custodian shall create or cause to be created a Subsequent Change of Custody Form. This subsequent change of custody shall contain the following information: (1) The name of the evidence custodian(2) The name of the law enforcement agency employing the evidence custodian(3) The capacity of employment of the evidence custodian(4) The date when the controlled substance evidence was received(5) How the controlled substance evidence was received (by mail, in person)(6) From whom the controlled substance evidence was received(7) The name of the agency employing the law enforcement officer or law enforcement employee from whom the controlled substance(s) was received(8) The name of the original seizing officer(9) The description of the controlled substance(s) or container(s) alleged to contain a controlled substance, using sufficient particularity to distinguish it.E. If and when it is necessary to transfer custody of the controlled substance evidence to the next evidence custodian, the evidence custodian in possession of the evidence will complete the Subsequent Change of Custody Form by filling in or causing to be filled in the following:(1) The date when the evidence custodian in possession of the controlled substance evidence relinquished custody to the next evidence custodian(2) The name of the next evidence custodian who is about to receive the controlled substance evidence(3) The law enforcement agency employing the next evidence custodian who is about to receive the controlled substance evidence(4) A statement by the evidence custodian in possession of the controlled substance evidence that the evidence is in substantially the same condition as when it was received. Any alteration of the controlled substance evidence must be documented in writing and the record of alteration must be kept with the chain of custody.(5) The properly sworn and notarized signature of the evidence custodian in possession of the controlled substance evidence is required if the provisions of the Rule for Chemical Analysis and Chain of Custody as set forth in the South Carolina Criminal Practice Rules are to be effective. The signature of the evidence custodian alone is sufficient to maintain the written record of the chain of custody.F. After completing the Subsequent Change of Custody Form, the evidence custodian shall deliver the original Initial Custody Form and the original Subsequent Change of Custody Form or Forms together with the controlled substance evidence to the next evidence custodian. Each evidence custodian may make and keep copies of both the Initial Custody Form and the Subsequent Change of Custody Form or Forms for his or her own records.G. The original signed Initial Custody Form and Subsequent Change of Custody Form or Forms must accompany the evidence until it is presented to the Forensic Laboratory for analysis. The Forensic Laboratory shall retain all original Initial Custody and Subsequent Chain of Custody Forms accompanying the controlled substance(s) submitted for testing and analysis.Added by State Register Volume 18, Issue No. 4, eff April 22, 1994.