Transcript DNA DATABASE EXPANSION IN THE 2001 STATE LEGISLATURES

FORENSIC DNA
DATABASES
CODIS Legislative
Update - 2002
Presented by:
Smith Alling Lane, P.S.
Tacoma, WA (253) 627-1091
Washington, DC (202) 258-2301
London 0 (44) 798 953 8386
Tim Schellberg, J.D.
[email protected]
Smith Alling Lane
A Professional Services Corporation
Governmental Affairs
Attorneys at Law
DNA Database Laws at the close of 2001
Sex Offenders (50)
Burglary (33)
Violent Crimes (45)
All Felons (14)
DNA Database Expansion
Legislative Update for 2002
 Significant
growth
– New laws will authorize an estimated 300,000 new convicted
offender samples in first twelve months.


Continued commitment from Congress
Blood to Buccal
2002
Passed All Felons Bills (9)
2002
All Felons Bills Failed (11)
The Recent Trend To All Felons
1998 - 5 States
1999 - 6 States
2001 - 14 States
2000 - 7 States
2002 - 23 States
2007 - 45 States (est.)
assuming data and funding
all felons vs.
ALL FELONS
Impacts of Legislation
5,600 annually
Felons serving time in prison
5,600 annually
Felons serving time in jail
15,000 annually
Juveniles
7,952 annually
Felons on community corrections
840 annually
Retroactive Prison
6,1000
Retroactive Jail
1,863
Retroactive Probation/Parole
10,300
Total impact of
all felons legislation
Total impact of
ALL FELONS legislation
5,600 annually
23,792 annually
18,263 retroactive
42,055 in first year
Data based on Washington State figures
2002
Enacted Limited Expansion Bills (6)
Previously
Now
Kentucky
Sex offenders only
murder, burglary, offenses against children
New Hampshire
Sex offenders only
murder, assault, arson, robbery
Ohio
Sex crimes, murder
assault, robbery, burglary
Oklahoma
Sex crimes, violent crimes, burglary
retroactive to include probationers
Pennsylvania
serious sex crimes, murder
more sex crimes, assault, kidnap, robbery, & burglary
West Virginia
sex crimes, violent crimes, burglary
drug offenses, various attempted crimes
Arrestee States
 Virginia
 Texas
 Louisiana
Bill Tracking List
State DNA Statutes
Best Guess at the Pending
2003 Congressional Budget





Crime Lab Improvement Program (CLIP):
35 million
Paul Coverdell Forensics Science Improvement: 5 million
Committed Earmarks:
- 19.3 million
Funds Remaining for non-DNA Grants: 20.7 million
DNA Backlog Elimination:
Committed DNA Earmarks:
Funds Remaining for DNA Grants:
Convicted offender - 15 million
Unsolved Casework - 14.8 million
35 million
- 5.2 million
29.8 million
The Debbie Smith Act
Senator Joseph Biden (D-DE)
Chairman, Judiciary Subcommittee on Crime and
Drugs
S. 2513 - DNA Sexual Assault Justice Act
Sen. Joe Biden (D-DE)
S. 2318 - Rape Kit DNA Analysis Backlog Elimination
Sen. Hillary Clinton (D-NY)
S. 2055 - Debbie Smith Act
Sen. Maria Cantwell (D-WA)
The Debbie Smith Act (cont.)
Representative Lamar Smith (R-TX)
Chairman, Judiciary Subcommittee on Crime and
Homeland Security
HR 4746 - DNA Sexual Assault Justice Act
Rep. Anthony Weiner (D-NY)
HR 4480 -- DNA Local Government Access Act
Rep. Anthony Weiner (D-NY)
HR 3961 - Rape Kit DNA Analysis Backlog Elimination
Rep. Jerry Nadler (D-NY)
HR 2874 - Debbie Smith Act
Rep. Carolyn Maloney (D-NY)
HR 2680 - DNA Database Completion Act
Rep. Robert Andrews (D-NJ)
The Debbie Smith Act (cont.)

Relevant Provisions
1. Convicted Offender Reauthorization
$15 million 2003
$15 million 2004
$15 million 2005
$15 million 2006
$15 million 2007
2. Unsolved Casework Reauthorization
$75 million 2003
$75 million 2004
$75 million 2005
$75 million 2006
$25 million 2007
3. Local Agencies May Apply Directly for
Unsolved Casework Grants
The Debbie Smith Act (cont.)
 Other
Relevant Provisions Being
Considered
1. Authority to search suspect/arrestee
samples against the national database
2. Authority to upload Juveniles into CODIS
3. Collection and database administration
costs to be covered under convicted
offender testing
4. Grant money to be used for DNA testing
when suspect has been identified
The Debbie Smith Act (cont.)
 What
are the chances that Congress will
pass the Debbie Smith Act?
– 2002 Possible
– 2003 Probable
 Best
guess at the final amount of money
authorized by the Debbie Smith Act:
– Convicted offender: 60 million
– Unsolved Casework: 200 million
New Problem
 Are
Sheriffs and Community Correction
agencies collecting authorized samples?
– New all felon DNA laws have caused DNA collection
to expand into county jails and probation offices
– Some suggest that over half of the newly authorized
samples are not being collected
– Have the state crime labs produced collection protocols
for the sheriffs and probation departments?
– What are the risks of not collecting the samples?
The Next Five Years:
Goals for DNA Advocates
1. All felons databases in all but a few states
2. Casework backlogs cleared
3. Routine casework at all relevant crime scene
State legislators
State agencies responsible for crime labs
Congress
US Department of Justice
Law enforcement/Prosecutors
City and County government
Policy Makers Want
DATA, FACTS, NUMBERS...
Four questions policy makers want answered
1. What does passing DNA database expansion legislation do to the
odds of solving a particular crime?
2. With funding to complete all DNA casework (past, current,
future) how many crimes will be solved? This would include an
assessment of how many untested rape kits exist.
3. How many crimes, particularly rapes and homicides, could be
prevented if database legislation is passed and all
casework (past, current, future) is completed?
4. Will expanded databases and casework funding
create financial efficiencies for the criminal justice
system? What are the anticipated savings?
Forensic DNA Assessment Project

NIJ has awarded a grant to Smith Alling Lane, working in
partnership with Washington State University, to answer
these questions.

Assessment questionnaire will be sent to
– state labs
– local labs
– local law enforcement agencies
All agencies with 100 or more officers (approximately 1000).
 A statistically valid sampling of remaining agencies (approximately 2000).
 Indian tribes

TIMELINE
 Assessment
tool will be mailed on early
November 2002.
 Preliminary
report to NIJ by the end of
January 2003 (in time for congressional
budgets).
 Report
updates every two months until
report is finalized (targeted at June 2003).
Questions ?