(a) Order Preserving Evidence. Following the filing of a motion for DNA analysis the court shall order the State to preserve evidence and prepare and submit an evidence inventory as provided under 15 M.R.S. §2138(2).(b) Court Findings; Order Directing Crime Lab to Perform DNA Analysis. Pursuant to 15 M.R.S. §2138(5), the court shall state its findings of fact on the record or shall make written findings of fact supporting its decision to grant or deny a motion to order DNA analysis. If the court determines that the person has satisfied the burden of proof required under 15 M.R.S. §2138(4), the court shall order the crime lab to perform DNA analysis on the identified evidence and on a DNA sample obtained from the person.(c) Payment of Cost of DNA Analysis. In the case of an indigent person, the cost of the DNA analysis shall be paid by the crime lab. A nonindigent person or a person found by the court to have the financial means with which to bear a portion of the cost of the DNA analysis shall make satisfactory financial arrangements with the crime lab within 14 days of the filing of the court order directing the crime lab to perform DNA analysis. Determination of indigency shall be governed by Rule 44A.
