New York Codes, Rules and Regulations › 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 › Section 6192.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(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.