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Q&A
NYPD's policy on collecting DNA samples from juveniles
0:34:55
·
110 sec
Deputy Commissioner Gerber explains NYPD's strict policy on collecting DNA samples from juveniles, emphasizing the limited circumstances under which it's allowed.
- For 12-year-olds, DNA collection is only considered for A or B felonies
- For those 13 and older, it's considered for any felony
- DNA collection is also allowed for sex crimes, hate crimes, and any crime involving a firearm, regardless of age
- Gerber stresses that even when policy allows for DNA collection, it's a case-by-case determination and often not pursued
Michael Gerber
0:34:55
if may.
0:34:56
So certainly when you're talking about juveniles, policy is very strict on this.
0:35:00
There's a limited set of situations in which we would even consider taking an abandonment sample from a juvenile.
0:35:06
And this is in our policy.
0:35:10
So if we're talking about a juvenile who's 12 years of age, it would have to be an a or b felony.
0:35:18
13 years of age or older for has to be a felony.
0:35:21
We also would allow it for sex crimes, hate crimes, and any crime involving a firearm.
0:35:29
It's for juveniles.
0:35:30
So and then for conspiracies to commit these sorts of offenses.
0:35:33
So just to be clear, in terms of even being able to consider doing this in a juvenile situation, again, it will vary slightly by age, but you're talking about either, you know, a felony or a violent felony.
0:35:47
And then for for misdemeanors, we're talking about sex crimes or hate crimes, essentially.
0:35:54
So it's already a sort of a narrow field.
0:35:57
So most misdemeanors are totally out, and then depending on the age certain felonies are going be out.
0:36:03
And then and then in terms of the decision whether or not by the way this is true for consent and for abandonment samples.
0:36:11
It's for both.
0:36:13
Now once we're in the realm of where a policy would authorize it, then the question becomes do we actually go ahead and either seek consent or seek an abandonment sample?
0:36:24
And that's going to be a case by case determination.
0:36:27
Obviously, there are many, many situations, frankly most situations involving juveniles in which our policy could allow it, but we don't do that.
0:36:39
So it's actually, you know, there's both the sort of policy piece of this and then there's a discretionary piece.