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 6192.3 - Forensic DNA methodology

Current through Register Vol. 46, No. 28, July 10, 2024
(a) DNA
				  databank shall be comprised of data generated from DNA testing methods approved
				  in the
NDIS Operating Procedures.
Loci required for the upload
				  to NDIS of authorized DNA profiles shall be in accordance with the
NDIS
				  Operating Procedures.
(b)
				  Forensic DNA profiles to be maintained in the DNA databank shall be comprised
				  of information for at least the minimum required STR loci or other combinations
				  of loci using alternative technologies approved for use in the
NDIS
				  Operating Procedures.
This requirement for a minimum number of loci
				  applies only to those forensic DNA profiles which an authorized laboratory
				  desires to have maintained in the forensic index of the DNA databank.
(c) For purposes of searches of the DNA
				  databank, the minimum loci required shall be provided by a laboratory
				  requesting a forensic DNA profile search against the DNA databank. Generally,
				  all available loci associated with a forensic DNA profile shall be searched in
				  the DNA databank. Notwithstanding this requirement, the laboratory may, at its
				  discretion, request that a search be performed using fewer loci if there is an
				  investigative need and sufficient scientific reasons which support using fewer
				  than the required loci in a particular case. The scientific reasons shall
				  include, but not be limited to, the apparent presence of mixtures, sample
				  degradation or limited sample availability. The basis of the scientific
				  reason(s) must be summarized in the search request whenever fewer than the
				  required loci are provided with a search request.
(d) DNA profiles that may be added to the DNA
				  databank by forensic DNA laboratories include forensic DNA profiles, convicted
				  offender DNA profiles, subject DNA profiles, DNA profiles of missing persons,
				  relatives of individuals reported missing, unidentified humans or human
				  remains.
(e) In the event of a
				  potential indirect association, laboratories should use Y-STR and/or mt DNA
				  testing to help determine if the indirect association should be pursued
				  further.
(f) Pursuant to NDIS, the
				  division may release the identity of an offender whose DNA profile has been
				  indirectly associated through a national CODIS search with a DNA profile in
				  another state's forensic index. The State CODIS laboratory will review requests
				  from NDIS participating laboratories and notify the division regarding the
				  partial match request. The State CODIS laboratory will notify the NDIS
				  participating laboratory and NDIS custodian if a name is released. Testing of
				  additional loci of the offender sample may be required and may include Y-STR
				  and/or mt DNA analysis.
(g) The
				  division may release the name of an offender whose DNA profile has been
				  indirectly associated through a State CODIS search with a forensic DNA profile
				  when it has been determined that the information may lead to the identification
				  of an individual related to the offender. For associations obtained from a
				  State CODIS search, the following conditions must be met:
(1) The laboratory submitting the forensic
				  DNA profile to the CODIS program shall complete an application to the division
				  requesting the name of the offender and, as part of the application, confirm
				  that:
(i) an LDIS search has been performed
				  using the profile in the forensic index;
(ii) the forensic DNA profile derives from a
				  single source and contains at least 10 of the CODIS core loci;
(iii) the Expected Match Ratio (EMR) and/or
				  the Expected Kinship Ratio (EKR) for the four major ethnic groups in the FBI
				  allele frequency databases (or equivalent likelihood ratio approved by the
				  StateDNA Subcommittee) was calculated and at least one of the fourdatabase
				  values for EMR or EKR is greater than or equal to 1.0 and all theothers are
				  greater than or equal to 0.1 (or an equivalent pre-determinedstatistical
				  measure approved by the DNA Subcommittee). If available andappropriate,
				  additional DNA analysis (e.g., Y-STR, mitochondrial) shouldbe
				  performed;
(iv) the submitting
				  agency and the appropriate prosecutor have committed to pursue further
				  investigation of the case if the name is released. Such entities also agree to
				  provide follow-up information to the division regarding the outcome of the
				  case, which the division will provide to the DNA Subcommittee at six month
				  intervals; and
(v) the submitting
				  laboratory has confirmed that release of the name will be followed by a
				  notification to the investigating agency.