§ 995-c. State DNA identification index. 1. Following the promulgation\nof a policy by the commission pursuant to subdivision nine of section\nnine hundred ninety-five-b of this article, the commissioner of criminal\njustice services is authorized to promulgate a plan for the\nestablishment of a computerized state DNA identification index within\nthe division of criminal justice services.\n 2. Following the review and approval of the plan by the DNA\nsubcommittee and the commission and the filing of such plan with the\nspeaker of the assembly and the temporary president of the senate, the\ncommissioner of criminal justice services is hereby authorized to\nestablish a computerized state DNA identification index pursuant to the\nprovisions of this article.\n 3. (a) Any designated offender subsequent to conviction and sentencing\nfor a crime specified in subdivision seven of section nine hundred\nninety-five of this article, shall be required to provide a sample\nappropriate for DNA testing to determine identification characteristics\nspecific to such person and to be included in a state DNA identification\nindex pursuant to this article.\n (b) (i) In the case of a designated offender who is sentenced to a\nterm of imprisonment, such sample shall be collected by the public\nservant to whose custody the designated offender has been committed.\n (ii) In the case of a designated offender who is sentenced to a term\nof probation, including a sentence of probation imposed in conjunction\nwith a sentence of imprisonment when a sample has not already been\ntaken, such sample shall be collected by the probation department\nsupervising the designated offender.\n (iii) In the case of a designated offender whose sentence does not\ninclude either a term of imprisonment or a term of probation, outside of\nthe city of New York, the court shall order that a court officer take a\nsample or that the designated offender report to an office of the\nsheriff of that county, and when the designated offender does so, such\nsample shall be collected by the sheriff's office. Within the city of\nNew York, the court shall order that the sample be collected by a court\nofficer.\n (iv) Nothing in this paragraph shall prohibit the collection of a DNA\nsample from a designated offender by any court official, state or local\ncorrection official or employee, probation officer, parole officer,\npolice officer, peace officer, other law enforcement official, or\ndesignated personnel of the division of criminal justice services who\nhas been notified by the division of criminal justice services that such\ndesignated offender has not provided a DNA sample. Upon notification by\nthe division of criminal justice services that a designated offender has\nnot provided a DNA sample, such court official, state or local\ncorrection official or employee, probation officer, parole officer,\npolice officer, peace officer or other law enforcement official, or\ndesignated personnel of the division of criminal justice services shall\ncollect the DNA sample.\n 4. The commissioner of the division of criminal justice services, in\nconsultation with the commission, the commissioner of health, the\ndirector of the office of probation and correctional alternatives and\nthe department of corrections and community supervision, shall\npromulgate rules and regulations governing the procedures for notifying\ndesignated offenders of the requirements of this section.\n 5. The sample shall be collected, stored and forwarded to any forensic\nDNA laboratory which has been authorized by the commission to perform\nforensic DNA testing and analysis for inclusion in the state DNA\nidentification index. Such laboratory shall promptly perform the\nrequisite testing and analysis, and forward the resulting DNA record\nonly to the state DNA identification index in accordance with the\nregulations of the division of criminal justice services. Such\nlaboratory shall perform DNA analysis only for tho
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