CJS-32-09-00006-A Forensic Laboratory Accreditation & the State DNA Databank
11/18/09 N.Y. St. Reg. CJS-32-09-00006-A
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 46
November 18, 2009
RULE MAKING ACTIVITIES
DIVISION OF CRIMINAL JUSTICE SERVICES
NOTICE OF ADOPTION
I.D No. CJS-32-09-00006-A
Filing No. 1244
Filing Date. Nov. 03, 2009
Effective Date. Nov. 18, 2009
Forensic Laboratory Accreditation & the State DNA Databank
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 6190.1, 6192.1, 6192.3 and 6192.4 of Title 9 NYCRR.
Statutory authority:
Executive Law, sections 837(13), 995-b(1) and 995-c
Subject:
Forensic laboratory accreditation & the State DNA Databank.
Purpose:
To update references to documents incorporated by reference and the address of the Department of State.
Text of final rule:
1. Paragraphs (8), (9), and (11) of subdivision (a) of section 6190.1 of Title 9 NYCRR are amended to read as follows:
(8) The term ASCLD/LAB refers to the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. Current ASCLD/LAB accreditation guidelines are contained in the [2003] 2008 edition of the ASCLD/LAB manual, which may be obtained from the ASCLD/LAB, 139 Technology Drive, Garner, NC 27529. Current ASCLD/LAB International accreditation guidelines are contained in the ISO/IEC 17025-2005 “General Requirements for the competence and testing of calibration laboratories,” which can be obtained from ISO at www.iso.org or from the American National Standards Institute (ANSI) at www.ansi.org, and the 2006 ASCLD/LAB International Supplemental Requirements, which may be obtained from ASCLD/LAB, 139 Technology Drive, Garner, NC 27529. These guidelines may also be viewed at the Division of Criminal Justice Services, 4 Tower Place, Albany, NY 12203, and the Department of State, [41 State Street] One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
(9) The phrase Quality Assurance Standards for Forensic DNA Testing Laboratories refers to standards recommended by the Federal DNA Advisory Board, and approved by the Director of the Federal Bureau of Investigation [on July 15, 1998], which took effect [October 1, 1998] July 1, 2009. These standards may be obtained from the Federal Bureau of Investigation, Laboratory Division, [935 Pennsylvania Avenue, N.W., Washington, DC 20535] 2501 Investigation Parkway, Quantico, Va. 22135. These standards may also be viewed at the Division of Criminal Justice Services, 4 Tower Place, Albany, NY 12203, and the Department of State, [41 State Street] One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
(11) The term ABFT refers to the American Board of Forensic Toxicology, Inc. The current ABFT laboratory accreditation program is found in the [2002] 2006 Forensic Toxicology Laboratory Accreditation Manual, which may be obtained from ABFT, [Administrative Office, P.O. Box 669] 410 North 21st Street, Colorado Springs, CO [80901-0669] 80904. This program may also be viewed at the Division of Criminal Justice Services, 4 Tower Place, Albany, NY 12203, and the Department of State, [41 State Street] One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
2. Subdivision (t) of section 6192.1 of Title 9 NYCRR is amended to read as follows:
The term NDIS [Standards for Acceptance of] DNA Data Acceptance Standards refers to the document prepared by the FBI specifying the requirements for DNA data to be accepted for searching and storage at the national level, which was [authored] created by the FBI, Laboratory Division, [935 Pennsylvania Avenue, NW, Washington, DC 20535] 2501 Investigation Parkway, Quantico, Va. 22135, [effective] on January 11, 2000 and revised May 4, 2005. This document may be reviewed at the Division of Criminal Justice Services, Four Tower Place, Albany, NY 12203, and the Department of State, [41 State Street] One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
3. Subdivisions (a) and (b) of section 6192.3 of Title 9 NYCRR are amended to read as follows:
(a) The DNA databank shall be comprised of data generated from DNA testing methods approved in the NDIS [Standards for Acceptance of] DNA Data Acceptance Standards. Loci required for the upload of authorized DNA profiles to the national system shall be in accordance with the NDIS [Standards for Acceptance of] DNA Data Acceptance Standards.
(b) Casework evidence DNA profiles to be maintained in the DNA databank shall be comprised of information for at least six of the STR loci or other combinations of loci using alternative technologies approved for use in the NDIS [Standards for Acceptance of] DNA Data Acceptance Standards. This requirement for a minimum number of loci applies only to those casework evidence DNA profiles which an authorized laboratory desires to have maintained in the forensic index of the DNA databank.
4. Section 6192.4 of Title 9 NYCRR is amended to read as follows:
6192.4 Accuracy and completeness of DNA records. 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 [Standards for Acceptance of] DNA Data Acceptance Standards. Each DNA profile (for either convicted offender or forensic samples) 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.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 6090.1(a)(8).
Text of rule and any required statements and analyses may be obtained from:
Mark Bonacquist, Division of Criminal Justice Services, 4 Tower Place, Albany, NY 12203, (518) 457-8413.
A nonsubstantive change was made in section 6190.1(a)(8) to clarify the components of the ASCLD/LAB International accreditation program guidelines and where they may be obtained. The information contained in the regulatory impact statement, regulatory flexibility analysis, rural area flexibility analysis and job impact statement previously filed remains accurate and no modification of the statement is required.
