The Probation Department collects DNA samples from all offenders sentenced to probation as specified by law.
Executive Law 995-c requires that persons convicted of a felony or a specified misdemeanor offense listed in Section 995 (7) of the Executive Law to submit a DNA specimen for inclusion into the Convicted Offender Index.
Executive Law Article 49-B authorizes the collection of DNA specimens for persons convicted of an offense other than a felony or one of the specified misdemeanor offenses for inclusion into the Subject Index.
Juvenile Offenders that meet the definition of "Designated Offenders" are required to submit a DNA sample. Juvenile Offenders may also be required to submit DNA samples for the Subject Index.
Youthful Offenders are exempt from submitting DNA specimens.
According to the N.Y.S. Division of Probation and Correctional Alternatives, Since the implementation of DNA Sample Collection by Probation, over 110,000 samples of DNA evidence have been collected. Probationer DNA samples collected by Probation Departments in New York State have now been linked to 1,145 crimes, including 100 homicides, 458 sexual assaults (3 were from Madison County), 95 robberies, 337 burglaries, 45 assaults, and many other crimes including arson and kidnapping. 115 samples were from the Subject Index and subsequently linked to 16 homicides. The power of DNA to solve crime and prevent victimization is unparalleled.
Collection of DNA by probation departments aids in the reduction of crime, assists with the prevention of future victimization and has brought closure for many victims.