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. [email protected]
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 ?