New York regulations

Title 9 Part 6192

Executive Department

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Compiled text through Mar 31, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 6192.1 - Definitions

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Mar 31, 2022
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9 NYCRR 6192.2 - Statement of purpose

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Executive Law section 995-b(9) states that “After reviewing recommendations from the Division of Criminal Justice Services, the commission, in consultation with the DNA subcommittee, shall promulgate a policy for the establishment and operation of a DNA identification index consistent with the operational requirements and capabilities of the Division of Criminal Justice Services.” This policy ensures that procedures related to all legal and programmatic obligations of Executive Law, section 995-b have been set forth in order to properly govern the establishment and operation of the DNA databank. This policy was adopted by the commission based on the recommendations of the division and in consultation with the DNA subcommittee.

9 NYCRR 6192.3 - Forensic DNA methodology

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Executive Department
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Mar 31, 2022
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
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Jun 6, 2026
(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 mtDNA 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 mtDNA 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 State DNA Subcommittee) was calculated and at least one of the four database values for EMR or EKR is greater than or equal to 1.0 and all the others are greater than or equal to 0.1 (or an equivalent pre-determined statistical measure approved by the DNA Subcommittee). If available and appropriate, additional DNA analysis (e.g., Y-STR, mitochondrial) should be 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.
(2)The notification from the submitting laboratory to the investigating agency shall indicate that:
(i)the association is indirect;
(ii)the information provided is an investigative lead;
(iii)the available data suggests that the source of the forensic DNA profile is potentially a relative of the convicted offender but is not conclusive evidence of the same.
(3)A partial match request from a local CODIS laboratory that satisfies all criteria described above will be submitted to the State CODIS laboratory for verification. Upon receipt of such verification, the division will release the name of the offender to the local CODIS laboratory. If the criteria are not satisfied, the State CODIS laboratory will notify the division and the convicted offender’s name will not be released.
(h)When there is not a match or a partial match to a sample in the DNA databank, a familial search may be performed. To perform a familial search, the following case and sample requirements must be met:
(1)The forensic DNA profile or unidentified human remains DNA profile must be associated with:
(i)a Penal Law article 125 felony offense, other than one defined in Penal Law section 125.40 or 125.45; or
(ii)a Penal Law article 130 offense that is defined as a violent felony offense pursuant to Penal Law section 70.02; or
(iii)a class A felony offense defined in article 130, 135, 150 or 490 of the Penal Law; or
(iv)a crime presenting a significant public safety threat.
(2)The investigating agency and appropriate prosecutor must certify, in the form and manner required by the division, that:
(i)reasonable investigative efforts have been taken in the case; or
(ii)exigent circumstances exist warranting a familial search.

Nothing in this section shall preclude an investigating agency and the appropriate prosecutor from requesting a familial search of an unidentified profile meeting the criteria set forth in the policy which is associated with a case in which a defendant was previously convicted.

(3)The forensic DNA profile must:
(i)be a single source, or a fully deduced profile originating from a mixture;
(ii)appear to have a direct connection with the putative perpetrator of the crime;
(iii)reside in SDIS; and
(iv)have been searched against DNA profiles contained in the State DNA databank.
(4)The unidentified human remains DNA profile must:
(i)be a single source profile;
(ii)have been developed from a deceased individual whose identity is unknown and whose death is suspected to involve the commission of a crime enumerated in paragraph (h)(1) of this section;
(iii)reside in SDIS; and
(iv)have been searched against DNA profiles contained in the State DNA databank.
(i)Any request for a familial DNA search must be made jointly by the appropriate investigating agency and the appropriate prosecutor (hereinafter the requestors) through an application to the division in the form and manner specified by the division.
(1)Upon receipt of an application:
(i)the division will confirm that the familial search requests meets the case requirements in paragraph (h)(1) of this section; and
(ii)the State CODIS administrator will confirm that the sample requirements in subparagraphs (h)(3)(i) and (ii) or (h)(4)(i) and (ii) of this section have been verified by the forensic laboratory that generated the forensic DNA profile or unidentified human remains DNA profile; and
(iii)the State CODIS administrator will confirm that the sample requirements in subparagraphs (h)(3)(iii) and (iv) or (h)(4)(iii) and (iv) of this section have been met.
(2)The commissioner shall review all completed applications.
(i)If, upon review and evaluation of such application, the commissioner determines that any of the case and/or any of the sample requirements are not satisfied, the division shall notify the requestors, in writing, that a familial search cannot be performed and identify the requirements not satisfied.
(ii)If, upon review and evaluation of such application, the commissioner determines that all of the case and sample requirements have been satisfied, the requestors will be notified in writing that their familial search request has been approved and entered into the queue for search processing.
(j)Upon receipt of an approved familial search application from the division, the New York State Police crime laboratory will:
(1)use validated software, which has been approved by the DNA subcommittee and the commission, to perform a familial search of the DNA databank and generate a candidate list;
(2)evaluate the candidate list based on established kinship threshold value(s) approved by the DNA subcommittee and commission;
(3)perform Y-STR testing on the candidate sample(s) if the forensic DNA profile or unidentified human remains DNA profile is from a male individual and sufficient forensic DNA sample exists for Y-STR testing; and,
(4)if appropriate, ensure additional testing is performed on the candidate sample, provided there is sufficient forensic DNA sample or unidentified human remains DNA profile available for testing.
(k)In order for the results of a familial DNA search to be released, the following conditions must be met:
(1)If the candidate profile(s) exceed the established kinship threshold value(s), and are not excluded by additional testing performed, the name(s) of the offender(s) in the DNA databank will be released to the requestors. The familial DNA search results shall be provided in writing and shall include the following statements:
(i)the information provided is for investigatory law enforcement purposes only;
(ii)the forensic DNA profile or unidentified human remains DNA profile could not have come from the named offender in the DNA databank;
(iii)the information provided is not a definitive statement of a familial (i.e., biological) relationship; and
(iv)the information provided shall be treated only as an investigative lead.
(2)The requestors must satisfactorily complete, and demonstrate an understanding of, a mandatory, in-person, or at the discretion of the commissioner, video conference training. At a minimum, the training shall address:
(i)how a familial search is conducted, including the limitations of the method;
(ii)guidance on how to best evaluate leads from a familial search in order to protect unknown family relationships (donor parents/adoptions, previously unknown relatives);
(iii)the confidentiality requirements associated with the DNA databank records, and any samples, analysis or other related documents (see Executive Law sections 995-c; 995-d; 995-f);
(iv)the requirement to withdraw a request if a suspect or the human remains are identified through other means before the familial search is completed; and
(v)the requirement to provide follow-up information to the division regarding the case at intervals determined by the division.
(3)If no candidate profile(s) on the candidate list exceed the established kinship threshold value(s), no name will be released and the requestors will be notified as such, in writing.
(4)The forensic DNA profile or unidentified human remains DNA profile can be researched against the DNA databank upon renewal of the request. In the absence of exigent circumstances, such requests may be made every six months from the notification that there were no candidates identified.

9 NYCRR 6192.4 - Accuracy and completeness of DNA records

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
Source snapshot
Jun 6, 2026

The accuracy and completeness of all DNA records maintained as part of the DNA databank will be assured through compliance with laboratory accreditation standards as promulgated by the commission in Part 6190 of this Title. In addition, accuracy and completeness of all DNA records maintained as part of the DNA databank will be assured through compliance by all forensic DNA laboratories with the requirements of the NDIS Operating Procedures. Each DNA profile submitted must be certified by the submitting laboratory as being associated with the appropriate controls and blanks. Copies of all official correspondence between the DNA databank and participating laboratories will be maintained in the appropriate division file.

9 NYCRR 6192.5 - Security features preventing unauthorized access

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
Source snapshot
Jun 6, 2026

The server on which the DNA databank resides shall be located in a secure area to prevent unauthorized physical access in accordance with NDIS requirements. All forensic DNA laboratories which use or contribute data to the DNA databank shall choose CODIS compatible software and hardware designs which prevent unauthorized access to DNA records. Each participating laboratory must have a written information systems plan which specifies the architecture of the laboratory's computer hardware and the structure of security comprising the access control component of the computer software employed. The information systems plan must demonstrate that an electronic audit trail is maintained for activities related to the entering or editing of DNA records. In addition, the information systems plan shall conform with all applicable information security rules, regulations, and policies. The division, in consultation with forensic DNA laboratory directors, shall develop model documents to assist forensic DNA laboratories in complying with the requirements of this Part. A final information systems plan shall be submitted by the laboratory for review and approval by the division prior to the laboratory gaining access as a participant in the DNA databank. The division shall determine the acceptability of each laboratory information systems plan. The NYS standards must be designed and applied in such a way as to allow compliant participating forensic DNA laboratories to participate in the FBI’s CODIS program.

9 NYCRR 6192.6 - Prevention of illegal disclosures

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Dates and status
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Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
Source snapshot
Jun 6, 2026

At least once per year, audits will be conducted by the division of all forensic DNA laboratories to assure that no illegal disclosures of DNA records have taken place. This audit will verify that all necessary documents required for accessing and controlling DNA records and their associated information have been appropriately completed, and compliance with the laboratory's approved information systems plan. These documents include, but are not limited to, the use and dissemination agreements between the laboratory and user agencies or the division; search request forms and search result forms; and case disposition query forms. In addition, the audit will review the participant laboratory's standard operating procedure (SOP) related to these procedures to ensure that the SOP is complete and up-to-date. The division may develop a standardized audit checklist to assist in completion of the required audits. The division may provide the audit report to the laboratory for remediation of any findings, if necessary. Within 90 days of the completion of the audit, the division shall submit a summary audit report to the chair of the DNA subcommittee, reporting the findings of the audit as well as any response from the laboratory and/or recommendations for changes. The DNA subcommittee shall review the audit report, and forward binding recommendations to the commission for action. Once DNA subcommittee and commission action on the audits are completed, the audit report shall be maintained by the division for three years from the date of the commission's final action related to the audit report, after which the audit report may be disposed. A record of disposition shall be maintained in the permanent files of the division for each forensic DNA laboratory.

9 NYCRR 6192.7 - Restriction of access to information systems

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
Source snapshot
Jun 6, 2026

Access to record information system facilities, systems operating environments and data file contents (whether while in use or when stored in a media library) shall be restricted to authorized personnel only. These restrictions shall be assured through compliance by the laboratory with the accreditation standards promulgated by the commission in Part 6190 of this Title.

9 NYCRR 6192.8 - Inquiry, update or destruction of records

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
Source snapshot
Jun 6, 2026

Inquiries, updates, or destruction of DNA records in the DNA databank shall only be made by authorized sources of inquiry, update, or destruction. Inquiries related to DNA records in the DNA databank may be accepted only from a participating, accredited forensic DNA laboratory; a subject of the DNA databank (see Part 6193 of this Title); an agency authorized to make such inquiry pursuant to a properly executed use and dissemination agreement (see Part 6193 of this Title); other authorized CODIS laboratories outside of New York State; or the FBI (see section 6192.10 of this Part). Update or destruction of records shall only be made by an authorized agent of the division or its designee. Any update to, or destruction of, a DNA record in the DNA databank shall be recorded in a log following an electronic or hardcopy form prescribed by the division.

9 NYCRR 6192.9 - Unauthorized attempts to penetrate the DNA databank

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
Source snapshot
Jun 6, 2026

As noted in Executive Law section 995-b(9)(vi), “Operational programs shall be used to detect and store for the output of the division or its designee all unauthorized attempts to penetrate the DNA databank.” The division shall certify to the DNA subcommittee and commission that the DNA databank hardware and software architecture has been appropriately designed, implemented and safeguarded to eliminate the realistic chance that such unauthorized attempts to penetrate the DNA databank could go undetected. This certification shall be made based on conformance of the DNA databank with all applicable information security rules, regulations, and policies. The division shall maintain this certification in a file with the written information system plans from participant laboratories (see section 6192.5 of this Part). A current certification must be on file at the division at all times.

9 NYCRR 6192.10 - Mutual exchange, use and storage of DNA records

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
Source snapshot
Jun 6, 2026

Mutual exchange, use and storage of DNA records within the DNA databank with the system of DNA identification by the FBI shall be allowed, provided that:

(a)the commission determines that such exchange, use and storage are consistent with the provision of article 49-B of the Executive Law and applicable provisions of NYS law;
(b)applicable requirements enumerated within sections 6192.3 through 6192.9 of this Part have been met; and
(c)a memorandum of understanding has been executed between the appropriate New York State agencies and the FBI.

9 NYCRR 6192.11 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
Source snapshot
Jun 6, 2026

9 NYCRR 6192.12 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
Source snapshot
Jun 6, 2026

9 NYCRR 6192.13 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-03-21-00005-P · Proposed rule · Apr 21, 2021
Source snapshot
Jun 6, 2026

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