9 CRR-NY 6192.1NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE U. DIVISION OF CRIMINAL JUSTICE SERVICES
CHAPTER VIII. FORENSIC SERVICES
PART 6192. POLICY FOR ESTABLISHMENT AND OPERATION OF A DNA IDENTIFICATION INDEX
9 CRR-NY 6192.1
9 CRR-NY 6192.1
6192.1 Definitions.
(a) The term allele refers to one of the alternate forms of the DNA at a particular genetic locus.
(b) The term CODIS refers to the Federal Bureau of Investigation’s Combined DNA Index System.
(c) The term commission refers to the Commission on Forensic Science established pursuant to Executive Law section 995-a.
(d) The term commissioner refers to the commissioner of the New York State Division of Criminal Justice Services, or his or her designee.
(e) The phrase convicted offender DNA profile refers to a DNA profile generated by analysis of a biological sample collected from a designated offender as defined in Executive Law section 995(7).
(f) The term division refers to the NYS Division of Criminal Justice Services.
(g) The term DNA means deoxyribonucleic acid.
(h) The phrase DNA databank refers to the computerized State DNA Identification Index authorized pursuant to Executive Law section 995-c, and known as the State DNA Index System (SDIS).
(i) The phrase DNA profile refers to a set of DNA identification characteristics which may permit the DNA of one person to be distinguished from that of another person. For STR DNA profiles it refers to the list of alleles carried by a particular individual at a specific set of genetic loci.
(j) The phrase DNA profile of a missing person refers to the results of a forensic analysis of the DNA of a person reported missing or whose whereabouts are unknown.
(k) The term DNA subcommittee refers to the subcommittee on forensic DNA laboratories and forensic DNA testing established pursuant to Executive Law section 995-b(13).
(l) The term FBI refers to the Federal Bureau of Investigation.
(m) The phrase forensic DNA laboratory shall have the same meaning as set forth in Executive Law section 995(2).
(n) The term forensic DNA testing shall have the same meaning as set forth in Executive Law section 995(2).
(o) The phrase forensic index refers to the electronic database in CODIS containing DNA profiles generated from crime scene evidence by forensic DNA laboratories.
(p) The phrase forensic DNA profile refers to a DNA profile that is derived from biological evidence originating from and associated with the commission of a crime. The phrases casework evidence DNA profile and crime scene DNA profile shall have the same definition.
(q) The phrases indirect association and partial match refer to the determination during the CODIS candidate match confirmation process that a forensic index DNA profile is similar to a DNA profile in the offender index and a comparison reveals that the offender may be a close biological relative of the source of the forensic index profile. The phrases may be used interchangeably.
(r) The term LDIS refers to that level of the CODIS program in which a public DNA laboratory maintains its DNA records for searching and uploading to higher level indices such as SDIS and NDIS.
(s) The term loci refers to specific chromosomal locations of genes or other DNA elements such as STRs.
(t) The term mitochondrial DNA testing or mtDNA testing refers to analysis of genetic polymorphisms that occur in the DNA of mitochondria.
(u) The term NDIS refers to the National DNA Index System.
(v) The phrase NDIS Operating Procedures refers to the document specifying the requirements for DNA data to be accepted for searching and storage in CODIS. It was issued by the FBI, Laboratory Division, 2501 Investigation Parkway, Quantico, VA 22135. This document may be reviewed at https://www.fbi.gov.
(w) The term offender index refers to the electronic database in CODIS containing both convicted offender and subject DNA profiles.
(x) The term STR refers to Short Tandem Repeat. STR analysis is a form of testing which provides DNA profiles for loci which contain simple DNA unit repeats; STR loci on the Y-chromosome are referred to as Y-STRs.
(y) The phrase subject DNA profile refers to a DNA profile generated by analysis of a biological sample collected from a subject convicted of a crime whose specimen was collected: pursuant to a plea agreement; as a condition for participation in a temporary release, Comprehensive Alcohol and Substance Abuse Treatment (CASAT), or shock incarceration program; as a condition of release on parole, post-release supervision, presumptive release, or conditional release on a definite or indeterminate sentence; or as a condition of probation or interim probation supervision.
(z) The phrase unidentified human DNA profile refers to a DNA profile developed from recovered deceased remains or from an individual who cannot or will not identify themselves.
(aa) The phrase unidentified human (remains) index refers to the electronic database in CODIS containing DNA profiles developed from recovered deceased remains or from an individual who cannot or will not identify themselves.
(ab) The phrases familial DNA search and familial search refer to a targeted evaluation of offenders’ DNA profiles in the DNA databank which generates a list of candidate profiles based on kinship indices to indicate potential biologically related individuals to one or more sources of evidence.
(ac) The phrase offender refers to anyone in the databank who has been convicted of a crime.
(ad) The phrases State CODIS administrator and State System administrator refer to an employee of the State CODIS laboratory who is responsible for administration and security of the databank.
9 CRR-NY 6192.1
Current through April 15, 2021
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