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N.Y. Comp. Codes R. & Regs. tit. 9 § 6192.1 : EXECUTIVE DEPARTMENT — Division of Criminal Justice Services — Forensic Services — Policy For Establishment And Operation Of A Dna Identification Index — Definitions
Text
(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 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.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 6192.1
Amended New York State Register June 7, 2017/Volume XXXIX, Issue 23, eff. 6/7/2017
Amended New York State Register October 18, 2017/Volume XXXIX, Issue 42, eff. 10/18/2017
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