ARRESTEE DNA LAWS The Where and When

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