New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 6191
Executive Department
Browse the NYCRR by title, part, and section.
3 sections
Title 9 is open to everyone.
Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.Source version current through Mar 31, 2022
All 3 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 6191.1 - Definitions
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-12-17-00003-A · Adopted rule
- Related notice published
- Jun 7, 2017
- Related notice effective date
- Jun 7, 2017
(a)When used in this Part:
(1)The term designated offender shall have the same meaning as set forth in section 995(7) of the Executive Law.
(2)The term State DNA identification index shall have the same meaning as set forth in section 995(6) of the Executive Law.
(3)The term department refers to the NYS Department of Corrections and Community Supervision (DOCCS).
(4)The term OCFS refers to the NYS Office of Children and Family Services.
9 NYCRR 6191.2 - Statement of purpose
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-12-17-00003-A · Adopted rule
- Related notice published
- Jun 7, 2017
- Related notice effective date
- Jun 7, 2017
Executive Law, section 995-c authorizes the commissioner of the Division of Criminal Justice Services to establish a computerized State DNA identification index. Designated offenders must provide a sample appropriate for DNA testing to determine identification characteristics specific to such person and for inclusion in such index. This Part shall set forth procedures for notifying such offenders of these requirements.
9 NYCRR 6191.3 - Notification procedures
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-12-17-00003-A · Adopted rule
- Related notice published
- Jun 7, 2017
- Related notice effective date
- Jun 7, 2017
(a)Any designated offender sentenced to the department’s custody or supervision shall be notified by the department of his or her obligation to provide a DNA sample to determine identification characteristics specific to such person and for inclusion in the State DNA identification index.
(b)Any designated offender sentenced to a term of probation shall be notified by the local probation department of his or her obligation to provide a DNA sample to determine identification characteristics specific to such person and for inclusion in the State DNA identification index.
(c)Any designated offender sentenced to a definite sentence or confined in a local correctional facility shall be notified by such facility of his or her obligation to provide a DNA sample to determine identification characteristics specific to such person and for inclusion in the State DNA identification index.
(d)Any designated offender committed to the custody of OCFS shall be notified by OCFS of his or her obligation to provide a DNA sample to determine identification characteristics specific to such person and for inclusion in the State DNA identification index.
(e)Upon notification to a parole officer by the department or the Division of Criminal Justice Services, any designated offender who did not provide a DNA sample while in the custody of the department or OCFS and is released or conditionally released to parole supervision or released to post-release supervision shall be notified by parole officer of his or her obligation to provide a DNA sample to determine identification characteristics specific to such person and for inclusion in the State DNA identification index.
(f)Any designated offender who is not subject to incarceration or probation supervision as a result of a conviction for a designated offense, as well as any other designed offender who currently owes a sample but is not under sentence, may be notified by any court official, police officer, peace officer, or other public servant that he or she is required to provide a DNA sample to determine identification characteristics specific to such person and for inclusion in the State DNA identification index.
(g)The notification to a designated offender provided for in this section that such designated offender is required to provide a DNA sample may be communicated to such designated offender verbally and need not be in writing.