1. What is the New York State DNA Databank?
The New York State DNA Databank is a computerized collection of DNA descriptions or "profiles" derived from DNA samples of convicted offenders required by law to provide a sample; from crime scenes; from missing persons or the relatives of missing persons, and from offenders who voluntarily provide a sample in connection with a plea bargain, participation in a Department of Corrections and
Community Supervision temporary release program, or release on parole or probation. These profiles are maintained in the convicted offender index, the forensic index, the missing persons index, and the subject index, respectively. The DNA Databank is maintained at the New York State Police Forensic Investigation Center in Albany.
2. What is the function of the New York State DNA Databank?
The primary function of the DNA Databank is to maintain DNA profiles of convicted offenders that can be used by law enforcement to identify a perpetrator of a crime when DNA evidence is retrieved from a crime scene.
A DNA profile can be developed from miniscule amounts of material (e.g., saliva, skin oil). These profiles can now be submitted to the DNA Databank to determine whether a match exists against a convicted offender profile or against evidence from another unsolved crime.
3. What are the New York State DNA Qualifying Offenses?
The latest expansion took effect on August 1, 2012. Effective that date, offenses include all felonies in any state law and Penal Law misdemeanors. The law applies to any defendant convicted on or after August 1, 2012.
The law is not retroactive and does not apply to children involved in Family Court matters, to youthful offenders or to first-time offenders convicted of a specific subsection of fifth-degree marijuana possession (Penal Law Section 221.10, subsection 1).
4. How does the DNA Databank work?
DNA evidence is collected from a crime scene, and analyzed by a forensic laboratory accredited in DNA testing. A scientist develops a DNA "profile" and uploads it to the state DNA Databank.
That profile is then run against the convicted-offender DNA profiles in the State Databank to determine if a match exists. In addition, profiles from other unsolved cases are compared against it to identify serial crimes.
The profile is uploaded to the Federal DNA Index System for comparison with DNA profiles from other states. DNA profiles remain in the Federal Databank and are regularly searched against new profiles as they are added to the system.
5. How does a local law enforcement agency determine whether a DNA "match" has been made?
If a match occurs, the laboratory that submitted the profiles confirms the test results. Once this has been completed, the laboratory reports the results to the investigative agency.
6. Can a person who provided a DNA sample to the police or the State DNA Databank get it back?
It is well established in the law that once a DNA sample, like other evidence, is lawfully obtained from an individual it may be used by law enforcement for any lawful purpose. However, the law also provides procedures for individuals to request the return or destruction of their DNA sample in some circumstances.
A person who voluntarily or by a warrant or order of the court provided a DNA sample to the police in connection with the investigation or prosecution of a crime must follow the procedure set forth in Executive Law section 995-c(9)(b). A person who voluntarily provided a DNA sample to the Subject Index of the State Databank as a condition of probation, parole, or participation in a prison temporary release program may have their sample removed from the State Databank and destroyed upon termination of their probation, parole, or temporary release by following the procedure set forth in 9 NYCRR section 6193.4.
A person who was required to provide DNA because he or she was convicted of a DNA designated offense listed in Executive Law section 995(7), or whose DNA was provided pursuant to a plea agreement, may have their sample removed from the State Databank and destroyed only if the conviction is reversed on appeal or otherwise vacated or is included in a Governor’s pardon. In such a case, the person must follow the procedure set forth in 9 NYCRR section 6193.4.
7. Are different kits required for collections and who pays for them?
Yes, there are different DNA collection kits that must be used for DNA sample collection. A New York State Convicted Offender DNA Specimen Collection Kit is used to collect a DNA specimen from a convicted offender for inclusion in the DNA Databank. These kits are provided at no cost to agencies. A “Suspect” kit must be used to collect a DNA specimen from a suspects and this kit should be approved by your local lab. Suspect kits are paid for by the submitting agency.
8. How do I order New York State Convicted Offender DNA Specimen Collection Kits?
Offender Specimen Collection Kit orders should be emailed to the Office of Forensic Services at DNAKitOrders@dcjs.ny.gov. The electronic order form is available on eJustice in the Resources \ Reference Library section. Collection kits are available to law enforcement agencies at no charge. Contact Forensic Services at 518-457-1901 if you require assistance.
9. What should I do if I take someone in custody and they have a banner on their CCH rapsheet that says they owe a DNA sample?
If you have custody of someone who owes a DNA sample you should collect the sample from the offender following the information in the DNA specimen collection guide. Agency contact lists have been posted on this site in the event you have questions with the process. Also, each agency should have kits on hand to ensure that every collection can be made without delay.
10. If someone has already given a DNA sample will I be able to tell?
Yes, the CCH rapsheet will also have a banner that says a DNA sample is on file.
11. If I submitted a DNA sample for the Subject Index, but now my probationer has a designated offense, do I need to submit another DNA sample?
No. For probationers, a Transfer Waiver Form can be completed and faxed to the Office of Forensic Services.
12. What provisions of law govern collection of the DNA Databank fee?
Penal Law §60.35 (1)(a)(v) requires that there be levied at sentencing a DNA databank fee upon every person convicted of an offense requiring submission of a DNA sample. The statute does not provide an exemption for offenders who previously paid the fee and/or supplied a DNA sample. This fee is neither collected nor administered by the Division of Criminal Justice Services (DCJS) or the New York State DNA Databank.
13. Are Youthful Offenders and Juvenile Offenders required to provide a sample?
Youthful Offenders are not included in the law. Juvenile Offenders are required to provide a DNA sample if they are convicted and sentenced to a DNA qualifying offense.