DNA
&
CRIME
ARRESTEE DNA DATABASES
National Conference of State Legislatures
Annual Meeting
Atlanta, Georgia
August 14, 2013
Presented by Lisa Hurst
Gordon Thomas Honeywell
Governmental Affairs
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 rape
Broke down the door of at a 52 year old woman’s home
Wore hat and scarf on face
Raped victim, holding a gun to her head
Prior Record
1996 (13) – assault, battery and child abuse
2001 (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
KING
V.
MARYLAND
US SUPREME COURT: FINAL RULING
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.
UNITED
STATES
LEGISLATIVE HISTORY
ALL CONVICTED FELONS LEGISLATION
1999 – 5 states
2003 – 27 states
2008 – 42 states
2011 – 50 states
ARRESTEE LEGISLATION
1999 – 1 state
2006 – 7 states
2012 – 25 states
STRUCTURE
OF
CODIS
HOW IT WORKS
NDIS
NATIONAL DNA
INDEX SYSTEM
Georgia
Bureau of
Investigation
SDIS
STATE DNA
INDEX SYSTEM
Oklahoma State
Bureau of
Investigation
LDIS
LOCAL DNA
INDEX SYSTEM
Tulsa
Oklahoma City
CODIS DNA Profile
This is the only information in CODIS
LabXYZ
0012152
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
DHL
1)
LabXYZ = Originating Laboratory Identifier
Laboratory 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
= STR Type
STRUCTURE
OF
CODIS
AVAILABLE INDEXES
Convicted &
Arrested
Offenders
Missing Persons
Relatives of
Missing Persons
Forensic /
Crime Scene
Unidentified
Human Remains
STRUCTURE OF CODIS
WHO HAS ACCESS?
DNA CRIME LABS LAW ENFORCEMENT
Accredited
State, Local, Federal
NDIS Approved
No Private Labs
Only personnel meeting specified clearance
HOMELAND SECURITY
OTHER
Health
Employer
Public
STRUCTURE OF CODIS
GET ME OUT OF HERE!
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.
ARRESTEE DNA LAWS
Who is Included:
All felony arrests (15)
Sex, Violent, Burglary felonies (9)
Sex & Violent felonies (3)
ARRESTEE DNA LAWS
The Where and When
Where are samples collected
When is expungement
Collection at Booking / probable cause (21)
Automatic Expungement (7)
Collection after charges / indictment (2)
Expungement on request (20)
Collection at Booking, Analysis/Upload later (5)
FI$CAL NOTE$
Recurring Costs:
Personnel
Kits and Analysis
MISSOURI
COLLECTION KIT
ANALYSIS
$5 / $18.25*
$31.20
MAINTENANCE
TOTAL
INDIANA
(in-house/outsource)
COLORADO
$5.15
NORTH CAROLINA
$6.00
$26.00 (outsource)
$19.00 / $29.00
$2.00 / $0
$31.20
$26 / $47.25
unclear
$30.00
Non-Recurring Costs
Analysis Machines
Robotics
Space
Sample Management Systems
Duplicate Collection
Laboratory tracking
FEDERAL
FUNDING
THE “OTHER” DEBBIE SMITH
THE DEBBIE SMITH DNA BACKLOG ELIMINATION ACT (2004)
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
$90
$80
$70
$60
$50
$40
$30
$20
$10
$0
Backlog Grant
2005
2006
2007
2008
2009
2010
2011
2012
2013
FEDERAL
FUNDING
THE “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
California Department of Justice:
Survey of 100 matches to Murder Rape and Robbery
California Department of Justice:
Survey of 100 matches to Murder Rape and Robbery
California Department of Justice:
Survey of 100 matches to Murder Rape and Robbery