Notification to Designated Offenders

Section 6191.1 Definitions.

(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 Correctional Services.

(4) The term "OCFS" refers to the NYS Office of Children and Family Services.

(5) The term "parole" refers to the NYS Division of Parole.

6191.2 Statement of purpose.

Executive Law, § 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.

6191.3 Notification procedures.

(a) Any designated offender sentenced to the department 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 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 parole 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 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 designated 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.