N.Y. Comp. Codes R. & Regs. tit. 9 § 6193.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6193.3 - Right of subjects to access and review records

All requests for access to and review of records relating to a subject of the DNA databank, by such subject, will be reviewed on a case-by-case basis by the division. In reviewing and responding to the request, the following steps shall be followed:

(a) The subject must:

(1) provide in writing his/her name; any aliases used; date of birth; NYSID (if known); sex; race; date of sentence for the index offense (if known); the jurisdiction of the court which sentenced the subject (if known); imprints of the right and left fingerprints having sufficient clarity to allow for automated processing; current address; and current phone number (if available). This information must be submitted under the subject's signature and seal of a registered notary with the following authentication statement: "False statements made herein are punishable as a class A misdemeanor pursuant to section 210.45 of the New York State Penal Law;" or

(2) provide another alternative method of identification deemed satisfactory by the commissioner.

(b) The division will verify whether a DNA sample was ever collected from an individual corresponding to such information provided in subdivision (a) of this section. If needed, the division shall use other computerized databases within the authority of the division to assist in fulfilling the subject's request.

(c) If no record is found using this information, or if there is any discrepancy discovered in the information submitted by the subject in the request, no information related to the DNA databank will be provided to the subject. The subject will be notified of this decision by the Director of the Office of Forensic Services or designee in writing within 30 days, by certified or registered mail, return receipt requested.

(d) If a record is found for the identified subject in the DNA databank and no discrepancies are identified in the submitted information, a photocopy of the DNA databank submission form and the results of the DNA analysis for the subject will be made in a format prescribed by the division. The Director of the Office of Forensic Services or designee will forward these copies with a written letter of authentication within 30 days, by certified or registered mail, return receipt requested.

(e) If, due to discrepancies in the information submitted by the subject in the request, DNA records and related information are not provided to the subject by the Director of the Office of Forensic Services or designee, the subject is allowed to appeal the decision. In order to appeal the director's decision, the subject must provide, in writing and under signature and the seal of a registered notary, the nature of the subject's disagreement with the director's decision. This appeal document shall be submitted to the commissioner within 30 days of the date of the determination by the Director of the Office of Forensic Services or designee.

(f) Upon receipt of the appeal, the Director of the Office of Forensic Services or designee shall promptly transmit to the commissioner copies of all records concerning the individual along with all papers and documents filed by the individual in support of the appeal. The appeal shall be determined upon the records, papers and documents submitted, except that the commissioner may request the Director of the Office of Forensic Services or designee, or the individual, to furnish such further data as he or she deems necessary for the determination of the appeal. A written notice of appeal to the commissioner shall be acted upon within a reasonable time after receipt of the written notice of appeal. The commissioner shall notify both the individual and the Director of the Office of Forensic Services or designee of his or her decision in writing and in the event such decision reverses or modifies that of the Director of the Office of Forensic Services or designee, shall require that appropriate action be taken with respect to the individual's record.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6193.3

Amended New York State Register June 7, 2017/Volume XXXIX, Issue 23, eff. 6/7/2017