DNA & CRIMEARRESTEE DNA DATABASES

Presented by Lisa HurstGordon Thomas Honeywell Governmental Affairs

Atlanta, GeorgiaAugust 14, 2013

National Conference of State LegislaturesAnnual Meeting

I am not an advocate for frequent changes in laws or constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered, and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times.

Maryland v. King• 2009 Arrest for 1st degree felony

assault. Pleads down to 2nd degree assault (misdemeanor.)

• 2009 CODIS match to 2003 rape.

2003 rapeBroke down the door of at a 52 year old woman’s homeWore hat and scarf on faceRaped victim, holding a gun to her head

Prior Record1996 (13) – assault, battery and child abuse2001 (18) – 2nd degree assault (convicted)2002 (19) – possession w/intent to distribute (convicted on possession)2003 (20) - 2nd degree assault (convicted)2007 (24) – 1st degree burglary

Held: When officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.

KING V. MARYLANDUS SUPREME COURT: FINAL RULING

UNITED STATESLEGISLATIVE HISTORY

ALL CONVICTED FELONS LEGISLATION

1999 – 5 states2003 – 27 states2008 – 42 states2011 – 50 states

ARRESTEE LEGISLATION

1999 – 1 state2006 – 7 states

2012 – 25 states

STRUCTURE OF CODIS

SDISSTATE DNA

INDEX SYSTEMGeorgia

Bureau of Investigation

Oklahoma State Bureau of Investigation

Tulsa

LDISLOCAL DNA

INDEX SYSTEM

Oklahoma City

NDISNATIONAL DNA INDEX SYSTEM

HOW IT WORKS

CODIS DNA ProfileThis is the only information in CODIS

1) LabXYZ = Originating Laboratory IdentifierLaboratory XYZ

2) 0012152 = Specimen ID # Sequential number automatically generated upon entry into CODIS

3) 06,09,11,12,10,10,22,24,9.3,10,08,09,14,14,15,17,17,22,25,12,12,9,10,09,13

4) DHL = Analyst Identifier

LabXYZ001215206,09,11,12,10,10,22,24,9.3,10,08,09,14,14,15,17,17,22,25,12,12,9,10,09,13DHL

= STR Type

Missing Persons

Convicted & Arrested

Offenders

UnidentifiedHuman Remains

Relatives of Missing Persons

Forensic / Crime Scene

STRUCTURE OF CODISAVAILABLE INDEXES

STRUCTURE OF CODISWHO HAS ACCESS?

DNA CRIME LABSAccreditedNDIS ApprovedNo Private LabsOnly personnel meeting specified clearance

LAW ENFORCEMENTState, Local, Federal

HOMELAND SECURITY OTHERHealthEmployerPublic

Expungement Process

• Federal law mandates expungement provision as condition of participating in CODIS.

• State Lab deletes profile from SDIS and from offline database, and destroys sample.

• NDIS will automatically delete corresponding profile at next update.

• EVEN IF NDIS DOES NOT UPDATE, state’s removal of profile from offline database will leave no way to identify profile.

• Regular audits by the Office of the Inspector General ensure compliance.

STRUCTURE OF CODISGET ME OUT OF HERE!

ARRESTEE DNA LAWSWho is Included:

Sex, Violent, Burglary felonies (9)All felony arrests (15)Sex & Violent felonies (3)

Collection after charges / indictment (2)

Collection at Booking / probable cause (21)

Collection at Booking, Analysis/Upload later (5)

ARRESTEE DNA LAWS The Where and When

Where are samples collectedAutomatic Expungement (7)

Expungement on request (20)

When is expungement

OSBI Matches 2010 – 2011: Qualifying Offense

FI$CAL NOTE$Recurring Costs:

PersonnelKits and Analysis

Non-Recurring CostsAnalysis MachinesRoboticsSpace

Sample Management SystemsDuplicate CollectionLaboratory trackingExpungement

MISSOURI INDIANA(in-house/outsource) COLORADO NORTH CAROLINA

COLLECTION KIT $5 / $18.25* $5.15 $6.00

ANALYSIS $31.20 $19.00 / $29.00 $26.00 (outsource)

MAINTENANCE $2.00 / $0

TOTAL $31.20 $26 / $47.25 unclear $30.00

FEDERAL FUNDINGTHE “OTHER” DEBBIE SMITH

THE DEBBIE SMITH DNA BACKLOG ELIMINATION ACT (2004)

2005 2006 2007 2008 2009 2010 2011 2012 2013$0

$10

$20

$30

$40

$50

$60

$70

$80

$90

Backlog Grant

For Casework AND Offender Samples AND Capacity Enhancement

Allowable uses include: analysis, equipment, personnel (overtime and new hires), maintenance, validation, training

Formula grant for all accredited state and state local DNA labs

FEDERAL FUNDINGTHE “OTHER” DEBBIE SMITH

THE KATIE SEPICH ENHANCED DNA COLLECTION ACT (2012)

Encourages state arrestee DNA laws by providing grants to cover first-year costs

Up to $10 million per year will be available

ELIGIBILITY CRITERIA• Arrestee law must apply to most violent crimes AND burglary• Arrestees must be notified in writing of expungement rights• Expungement process must be posted on a public website• Make expungement decisions within 90 days of request, and

provide written response

ONLY for grant years 2014 and 2015

OSBI Matches 2010 – 2011: Crime “Solved”California Department of Justice: Survey of 100 matches to Murder Rape and Robbery

OSBI Matches 2010 – 2011: Crime “Solved”California Department of Justice: Survey of 100 matches to Murder Rape and Robbery

OSBI Matches 2010 – 2011: Crime “Solved”California Department of Justice: Survey of 100 matches to Murder Rape and Robbery