The New York State DNA Databank was established pursuant to Chapter 737 of the Laws of 1994 and began limited operations in 1996. The statutory provisions establishing the Databank are found in Executive Law §995-c.
Since inception, the law that created the DNA Databank has been amended multiple times to expand the number of crimes deemed designated offenses, requiring collection of a DNA sample. The latest expansion took effect on August 1, 2012. Effective that date, designated offenses include all New York State law felonies and all Penal Law misdemeanors.
In addition, the August 1, 2012 law expanded defendants' access to DNA testing and comparison in appropriate circumstances. It also contained provisions that allow defendants, in limited circumstances, to seek post-trial discovery of evidence to demonstrate their innocence.
It is essential that there be effective coordination among the various criminal justice agencies in each locality to ensure that the DNA collections are accomplished as required by law. Since the inception of the DNA Databank, DNA specimen collections have been performed routinely by local jails, probation offices, court personnel, the State Department of Correctional Services, the State Division of Parole, as well as by many police and sheriff's departments. The most appropriate agency to perform the collection will depend, in large part, on the circumstances of the offender's status following conviction and sentence for a DNA-eligible offense. The law specifically provides for certain collections procedures—although various others can also collect a sample (Executive Law 995-c[3][b]).
It is important that agencies develop a local plan that establishes clear lines of communication directing where and by whom DNA collections will be accomplished under circumstances in that area in accordance with the law.
Local judges should be informed of the statutory DNA collection requirements and local arrangements for accomplishing the same.
District Attorneys are asked to designate a representative from their office to serve as a county-wide DNA collection coordinator (CDCC) who is responsible for an overall DNA specimen collection strategy. These coordinators are asked to work closely with criminal justice agencies in their region to develop a written plan for the implementation of local strategies and communicate this with the Division of Criminal Justice Services.
If you have questions, wish to arrange for training or require other assistance regarding DNA Collection procedure and compliance, please contact the Office of Forensic Services at (518) 457-1901.