FORENSIC DNA DATABASES

CODIS Legislative Update - 2002

Presented by:

Smith Alling Lane, P.S.Tacoma, WA (253) 627-1091Washington, DC (202) 258-2301London 0 (44) 798 953 8386

Tim Schellberg, J.D. tims@smithallinglane.com

Governmental Affairs

Attorneys at Law

Smith Alling LaneA Professional Services Corporation

DNA Database Laws at the close of 2001Sex Offenders (50) Violent Crimes (45)

Burglary (33) All Felons (14)

DNA Database ExpansionLegislative 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 Felons1998 - 5 States 1999 - 6 States 2000 - 7 States

2001 - 14 States 2002 - 23 States

2007 - 45 States (est.)assuming data and funding

all felons vs. ALL FELONSImpacts of Legislation

Felons serving time in prison

Felons serving time in jail

Juveniles

Felons on community corrections

Retroactive Prison

Data based on Washington State figures

Retroactive Jail

Retroactive Probation/Parole

5,600 annually 5,600 annually

15,000 annually

7,952 annually

840 annually

6,1000

1,863

10,300

Total impact of all felons legislation

5,600 annually

Total impact of ALL FELONS legislation

23,792 annually18,263 retroactive

42,055 in first year

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

Adobe Acrobat Document

State DNA Statutes

Adobe Acrobat Document

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: 35 million Committed DNA Earmarks: - 5.2 million

Funds Remaining for DNA Grants: 29.8 millionConvicted offender - 15 million

Unsolved Casework - 14.8 million

The Debbie Smith Act

Senator Joseph Biden (D-DE)

Chairman, Judiciary Subcommittee on Crime and Drugs

S. 2513 - DNA Sexual Assault Justice ActSen. Joe Biden (D-DE)

S. 2318 - Rape Kit DNA Analysis Backlog EliminationSen. Hillary Clinton (D-NY)

S. 2055 - Debbie Smith ActSen. 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 ActRep. Anthony Weiner (D-NY)

HR 4480 -- DNA Local Government Access ActRep. Anthony Weiner (D-NY)

HR 3961 - Rape Kit DNA Analysis Backlog Elimination Rep. Jerry Nadler (D-NY)

HR 2874 - Debbie Smith ActRep. Carolyn Maloney (D-NY)

HR 2680 - DNA Database Completion ActRep. Robert Andrews (D-NJ)

The Debbie Smith Act (cont.) Relevant Provisions

1. Convicted Offender Reauthorization$15 million 2003 $15 million 2005$15 million 2004 $15 million 2006

$15 million 2007

2. Unsolved Casework Reauthorization$75 million 2003 $75 million 2005$75 million 2004 $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 answered1. What does passing DNA database expansion legislation do to the

odds of solving a particular crime?

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?

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.

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 ?