Executive Law section 995-b(9) states that “After reviewing recommendations from the Division of Criminal Justice Services, the commission, in consultation with the DNA subcommittee, shall promulgate a policy for the establishment and operation of a DNA identification index consistent with the operational requirements and capabilities of the Division of Criminal Justice Services.” This policy ensures that procedures related to all legal and programmatic obligations of Executive Law, section 995-b have been set forth in order to properly govern the establishment and operation of the DNA databank. This policy was adopted by the commission based on the recommendations of the division and in consultation with the DNA subcommittee.