New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.143 - Executive Order No. 143: Directing the Commissioner of the Division of Criminal Justice Services to Expand the State DNA Identification Index to Include DNA Identification Profiles Obtained From Additional Convicted Offenders. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, it is the first obligation of government to
					 protect its citizens from crime and violence;
WHEREAS, the introduction of DNA technology represents the
					 most important application of forensic science in law enforcement since the
					 development of fingerprint technology;
WHEREAS, DNA is a proven, powerful crime-fighting tool that
					 has helped to convict the guilty, exonerate the innocent, reduce recidivism and
					 bring justice to victims and their families;
WHEREAS, the State first established a DNA Identification
					 Index ("DNA Databank") in 1996, and the DNA Databank currently includes DNA
					 identification profiles from persons convicted of certain designated criminal
					 offenses;
WHEREAS, the Division of Criminal Justice Services is
					 authorized, pursuant to Executive Law § 995-c, to establish and revise the
					 framework for the operation of the DNA Databank and the type of profiles that
					 may be included in the Databank through an implementation plan which is subject
					 to review and approval by the New York State Commission on Forensic Science and
					 the DNA Subcommittee;
WHEREAS, the Legislature expanded the DNA Databank in 1999
					 to require the collection of DNA profiles of all persons convicted of violent
					 felony offenses and again in 2004 to require the collection of DNA profiles
					 from persons convicted of a felony or misdemeanor under the Sex Offender
					 Registry Act, crimes of terrorism, felony hate crimes and other specified
					 felonies;
WHEREAS, the 1999 and 2004 expansions of the DNA Databank
					 have resulted in more than 1,600 "hits" linking crime scene evidence to
					 offenders in the DNA Databank;
WHEREAS, of the more than 1,100 offenders linked to sexual
					 assault cases through the DNA Databank, more than 80% were included in the DNA
					 Databank for a crime other than a sex related offense;
WHEREAS, more than half of the individuals who are
					 convicted of felony offenses in the State still are not required to provide a
					 DNA sample for inclusion in the DNA Databank;
WHEREAS, the State's DNA Databank currently contains crime
					 scene DNA evidence from more than 16,000 unsolved crimes in the State that
					 could lead to the identification of the perpetrator if the DNA Databank were
					 expanded;
WHEREAS, I have repeatedly proposed legislation that would
					 expand the DNA Databank to include the DNA profiles of all convicted
					 offenders;
WHEREAS, while the State Senate has passed my proposed
					 legislation by overwhelming, bi-partisan majorities, the State Assembly has
					 refused to allow the bill to the floor for a vote;
WHEREAS, consistent with our obligation to protect New
					 Yorkers from crime and violence, it is imperative that all State agencies take
					 all appropriate steps within the bounds of current law to add the DNA profiles
					 of convicted offenders to the DNA Databank;
WHEREAS, some convicted offenders who are not currently
					 required to provide a DNA sample for inclusion in the DNA Databank are
					 presently under the jurisdiction of the Division of Parole ("Parole"), and must
					 comply with various requirements imposed by Parole as a condition of
					 parole;
WHEREAS, some convicted offenders who are not currently
					 required to provide a DNA sample for inclusion in the DNA Databank are
					 presently serving sentences of probation or are subject to interim probation
					 supervision, and must comply with various requirements imposed by the
					 sentencing court or supervising authority, as applicable, as a condition of
					 such probation and interim probation supervision;
WHEREAS, some convicted offenders who are not currently
					 required to provide a DNA sample for inclusion in the DNA Databank presently
					 are serving sentences of State imprisonment with the Department of Correctional
					 Services ("DOCS") and are eligible to participate in voluntary programs, at the
					 discretion of DOCS, that confer significant benefits upon inmate participants
					 and require inmates to agree to conditions prescribed by DOCS as a condition of
					 participation;
WHEREAS, some convicted offenders who are not currently
					 required to provide a DNA sample for inclusion in the DNA Databank were
					 convicted pursuant to a voluntary plea agreement, and must comply with various
					 requirements established by the sentencing court, in consultation with the
					 prosecution, as a condition of such plea;
WHEREAS, expanding the DNA Databank to include DNA profiles
					 from convicted offenders who are currently under Parole supervision, who are
					 serving a sentence of probation or interim probation supervision, who will
					 participate in DOCS voluntary programs or who negotiate voluntary plea
					 agreements would,
inter alia,
aid in solving past and future
					 crimes, discourage recidivism, ensure that prison, parole and probation
					 officials are aware of prior violent crimes committed by a person in their
					 custody or under their supervision, and detect crimes committed by persons
					 while under Parole supervision or while serving a sentence of probation or
					 while participating in a DOCS voluntary program;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby direct the Commissioner of the
					 Division of Criminal Justice Services to promulgate a DNA Databank
					 implementation plan that would include within the Databank an additional index
					 consisting of DNA identification profiles obtained from convicted offenders
					 pursuant to a plea agreement, as a condition of the DOCS Temporary Release
					 Program, the DOCS CASAT Program, the DOCS Shock Incarceration Program, release
					 on parole, post release supervision, presumptive release, conditional release,
					 or as a condition of probation or interim probation supervision.
FURTHER, I do hereby direct the Commissioner of the
					 Division of Criminal Justice Services to submit such DNA Databank
					 implementation plan to the DNA Subcommittee and the Commission on Forensic
					 Science forthwith for review and approval pursuant to Executive Law §
					 995-c(2).
FURTHER, upon approval of such DNA Databank implementation
					 plan, I do hereby order the Commissioner of the Division of Criminal Justice
					 Services to promulgate, modify, adopt or rescind any rules or regulations, or
					 emergency rules or regulations, or directives, as may be necessary to
					 administer such plan.
FURTHER, upon approval of such DNA Databank implementation
					 plan, I do hereby order the Division of Parole to promulgate, modify, adopt or
					 rescind any rules or regulations, or emergency rules or regulations, or
					 directives, as may be necessary from time to time, to permit, as a condition of
					 parole, at the discretion of the Parole Board or appropriate Parole authority,
					 the submission of a DNA sample if such parolee s DNA identification profile is
					 not already part of the DNA Databank.
FURTHER, upon approval of such DNA Databank implementation
					 plan, I do hereby order the Division of Probation and Correctional Alternatives
					 to promulgate, modify, adopt or rescind any rules or regulations, or emergency
					 rules or regulations, or directives, as may be necessary from time to time, to
					 permit, as a condition of probation or interim probation supervision, at the
					 discretion of the sentencing court and supervising authority where applicable
					 interstate cases, the submission of a DNA sample if such offender's DNA
					 identification profile is not already part of the DNA Databank.
FURTHER, upon approval of such DNA Databank implementation
					 plan, I do hereby order the Commissioner of the Department of Correctional
					 Services to promulgate, modify, adopt or rescind any rules or regulations, or
					 emergency rules or regulations, or directives, as may be necessary from time to
					 time, to prevent the future acceptance of an inmate into the Temporary Release
					 Program, CASAT Program, or the Shock Incarceration Program, if such inmate's
					 DNA identification profile is not already part of the DNA Databank and such
					 inmate refuses to provide a DNA sample.
FURTHER ORDERED, that said rules and regulations or
					 emergency rules and regulations are responsive to emergencies affecting the
					 public safety or welfare and are exempt from any restrictions imposed pursuant
					 to Executive Order Number 20.
Signed: George E. Pataki
Dated: December 5, 2005
Footnotes
* [Revoked by Executive Order
					 No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive Order No.
					 9 (David A. Paterson),
infra.
] [Revoked by Executive Order No.
					 2 (Andrew M. Cuomo),
infra.
]