DNA Legislative Update

April 11, 2007San Diego, CaliforniaTim Schellbergtims@gth-gov.comPresented by:

Gordon Thomas Honeywell Governmental AffairsTacoma, WA (253) 620-6500Washington, DC (202) 258-2301Seattle, WA (206) 676-7500

Gordon Thomas Honeywell Government Affairs Tacoma, Washington Washington, DC Seattle, Washington

THE DNA PROGRAM Continuum

Five elements influenced by lawmakers

Named suspect-to-crime scene evidence only, no database

Necessary first stepSmall amounts of casework testing

Offender Database Legislation The essential element: No database legislation means no significant casework testing

Government Funding Funding must be secured at all levels (Federal, State and Local)

Unsolved Casework Demand Achieving UK level of testing is a 6 to 15 year process after the database legislation passesWhat will increase unsolved casework demand?Law Enforcement EducationProperty crime programsCitizen educationAB has not focused on promoting unsolved casework demand

Urgency (turnaround time)Programs to promote turnaround time include PR, property crime and stranger rape programs.

Forensic DNA Program Continuum Statistics

All Felons LegislationPer 5 Million in State Population Assuming full implementation of Continuum and US Crime StatisticsOn the eighth year after the passage of the legislation, an estimated 7,500 annual casework samples will be tested.Offender Database SamplesCasework Samples

All Suspects Legislation Per 5 Million in State Population Assuming full implementation of Continuum and US Crime StatisticsOn the eighth year after the passage of the legislation, an estimated 16,000 annual casework samples will be testedOffender Database SamplesCasework Samples

North Carolina DNA Program Growth

Washington DNA Program Growth

Oregon DNA Program Growth

Database Legislation

All Convicted Felons States1999 - 6 States required DNA from all convicted felons2006 - 44 States require DNA from all convicted felons

Results of All Convicted Felons Effort Enacted Legislation 2000-2006 2006200,000 database samples over five years New York

Observations on the Legislate Push to All Felons (1999-2006)

A relatively easy policy sell in the legislatures

Little organized advocacy by victims and law enforcement.

Most state crime labs were hesitant

Credit goes to the federal Government, DNA Commission on the future of DNA Evidence and their Groupies, and local prosecutors.

Opponents, such as ACLU, and Defense Bar were quiet after 2001

Pass it and the money will come was an essential strategy

Congressional backlog money was also essential

Arrestee DNA Database Legislation2006 through 20072006 11 states introduced arrestee legislation2007 25 states have introduced arrestee legislation

Arrestee DNA Database Legislation2007 Status2007 Legislation Pending (14)Enacted arrestee law in prior years (7)2007 Legislation did not pass (10)2007 Arrestee legislation did not pass, but significant misdemeanor legislation pending (1)

Offender backlog grants may be used for samples collected under applicable legal authorityOpens NDIS upload to any DNA sample collected under applicable legal authorities (prior law required non-convicted offenders to be charged in an indictment)US Attorney General may require DNA samples for anyone arrested or for any non-US resident detained under federal authorityDNA Fingerprint Act (S. 1606)Department of Justice Reauthorization Act (HR 3402. )

Observations on the Legislate Push to Arrestees(2006-?)

A much more complex policy issue. Will take longer than six years.

Cost issues are significant. Funding sources pursued and cost benefit analysis must be justified

Will take crime lab leadership and partnerships with private labs.

Victims are stepping up the effort. Law enforcement is still MIA.

Prevention data is essential (i.e. the Chicago Study)

Opponents are more activate

Strategy and compromise will be essential, such as:

Profile purge/sample destructionCongressional action to make other funding subject to passing arrestee testing Threats of Voters Initiatives Permanent funding source

States with Initiative AuthorityDirect Initiative(Directly onto ballot)AlaskaArizonaArkansasColoradoIdahoMissouriMontanaNebraskaNorth DakotaOklahomaOregonSouth DakotaUtahWashingtonWyoming

Indirect Initiative(Legislative consideration first)MaineMassachusettsMichiganNevadaOhio

New Mexico New leader for advancing arrestee legislation: Jayann Sepich

The Balancing Test of Arrestee DNA LegislationOvercoming the privacy concern. Can it happen?

DHS and the FBI are on pace to implementing in 2008.Regulations currently being drafted$22 Million in the Presidents Budget to ImplementSupporters watching potential legislative repeal attempts

Illegal Immigration and Federal Arrestees Database

Congressional Funding

Congressional Funding

Results (in $ millions) for federal DNA funding:

FY07 DNA Funding A forgetable Victory for DNA advocates

How did the advocates get from $108.5 million (FY 2006) to $175 million (FY2007)?

The Debbie Smith National Tour - Dallas was enough

DNA Funding for FY08

?

Presidents Budget 2008 ProposalNo separate DNA grant

Byrne Public Safety Program Grants funded at $350 million DNA is one of 6 broad purpose areas:(1) reducing violent crime at the local levels through the Project Safe Neighborhoods initiative;(2) addressing the criminal justice issues surrounding substance abuse through drug courts, residential treatment for prison inmates, prescription drug monitoring programs, methamphetamine lab cleanup, and cannabis eradication efforts;(3) promoting and enhancing law enforcement information sharing efforts; (4) improving the capacity of State and local law enforcement and justice system personnel to make use of forensic evidence and reducing DNA evidence analysis backlogs; (5) addressing domestic trafficking in persons; (6) improving and expanding prisoner re-entry initiatives; and(7) improving services to victims of crime to facilitate their participation in the legal process.Grants to be awarded competitively

BJA is historical administrator for Byrne Grants

Other Emerging Policy Issues

CASEWORK TURNAROUND THE MISSING PIECE?Washington State 30-Day Stranger Rape Kit Project Coming soon to a city or state near you?Guarantees a 30 day turnaround time for all no-suspect stranger rape kits (from date of receipt by lab)Analyzed AND uploadedLiaison from Washington Association of Sheriffs and Police Chiefs to work daily with law enforcement throughout state for timely submission of rape kits.Need partnerships with private labsRaises the concern of current upload and technical review requirements http://www.komotv.com/news/6475187.html

Family Database Searches60 Minutes April 1 A Not So Perfect Match

http://www.cbsnews.com/stories/2007/03/23/60minutes/main2600721.shtml

Local Databases USA Today March 26, 20007 Local DNA labs avoid state and U.S. laws to nab criminals http://www.usatoday.com/news/nation/2007-03-25-dna-databases_N.htm?csp=34

Los Angeles Times January 24,2007 Orange County to create DNA database; Supervisors approve a plan to collect samples of people on probation. Critics say such programs should have state oversight

Questions ?www.dnaresource.comtims@gth-gov.com

Offenders: First year: 0Second year: 20,000 Samples Tested - $120,000 Annual RevenueThird year: 10,000 Samples Tested - $60,000 Annual RevenueFourth year: 10,000 Samples Tested - $60,000 Annual RevenueFifth year and beyond: 5,000 (1/2 of annual convictions) - $30,000 Annual RevenueCasework 7,500 annual casework samples five years after the legislation passes: $900,000 Annual RevenueOffenders: First year: 0 Second year: 145,000 Samples Tested - $870,000 Annual RevenueThird Year: 120,000 Samples Tested - $720,000 Million Annual RevenueFourth Year: 120,000 Samples Tested - $720,000 Million Annual RevenueFifth Year five and beyond: 24,000 (1/5 of annual arrests) Samples Tested - $144,000 Annual Revenue

Casework 16,000 annual casework samples five years after the legislation passes: $1.9 million in Annual Revenue