1. FORENSIC DNA DATABASES CODIS Legislative Update - 2002 Presented by: Smith Alling Lane, P.S. Tacoma, WA (253) 627-1091 Washington, DC (202) 258-2301 London 0 (44) 798 953 8386 Tim Schellberg, J.D. tims@smithallinglane.com

2. Governmental Affairs Attorneys at Law Smith Alling Lane A Professional Services Corporation

3. DNA Database Laws at the close of 2001 Sex Offenders (50)Violent Crimes (45) Burglary (33) All Felons (14)

4. DNA Database Expansion Legislative Update for 2002 F Significant growth –New laws will authorize an estimated 300,000 new convicted offender samples in first twelve months. F Continued commitment from Congress F Blood to Buccal

5. 2002 Passed All Felons Bills (9)

6. 2002 All Felons Bills Failed (11)

7. The Recent Trend To All Felons 1998 - 5 States1999 - 6 States2000 - 7 States 2001 - 14 States2002 - 23 States 2007 - 45 States (est.) assuming data and funding

8. all felons vs. ALL FELONS Impacts 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 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 annually 18,263 retroactive 42,055 in first year

9. 2002 Enacted Limited Expansion Bills (6) PreviouslyNow KentuckySex offenders onlymurder, burglary, offenses against children New HampshireSex offenders onlymurder, assault, arson, robbery OhioSex crimes, murderassault, robbery, burglary OklahomaSex crimes, violent crimes, burglaryretroactive to include probationers Pennsylvania serious sex crimes, murder more sex crimes, assault, kidnap, robbery, & burglary West Virginiasex crimes, violent crimes, burglarydrug offenses, various attempted crimes

10. Arrestee States F Virginia F Texas F Louisiana

11. Bill Tracking List

12. State DNA Statutes

13. Best Guess at the Pending 2003 Congressional Budget F Crime Lab Improvement Program (CLIP): 35 million F Paul Coverdell Forensics Science Improvement: 5 million F Committed Earmarks: - 19.3 million Funds Remaining for non-DNA Grants: 20.7 million F DNA Backlog Elimination: 35 million F Committed DNA Earmarks: - 5.2 million Funds Remaining for DNA Grants: 29.8 million Convicted offender - 15 million Unsolved Casework - 14.8 million

14. The Debbie Smith Act Senator Joseph Biden (D-DE) Chairman, Judiciary Subcommittee on Crime and Drugs S. 2513 - DNA Sexual Assault Justice Act Sen. Joe Biden (D-DE) S. 2318 - Rape Kit DNA Analysis Backlog Elimination Sen. Hillary Clinton (D-NY) S. 2055 - Debbie Smith Act Sen. Maria Cantwell (D-WA)

15. The Debbie Smith Act (cont.) Representative Lamar Smith (R-TX) Chairman, Judiciary Subcommittee on Crime and Homeland Security HR 4746 - DNA Sexual Assault Justice Act Rep. Anthony Weiner (D-NY) HR 4480 -- DNA Local Government Access Act Rep. Anthony Weiner (D-NY) HR 3961 - Rape Kit DNA Analysis Backlog Elimination Rep. Jerry Nadler (D-NY) HR 2874 - Debbie Smith Act Rep. Carolyn Maloney (D-NY) HR 2680 - DNA Database Completion Act Rep. Robert Andrews (D-NJ)

16. The Debbie Smith Act (cont.) F 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

17. The Debbie Smith Act (cont.) F 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

18. The Debbie Smith Act (cont.) F What are the chances that Congress will pass the Debbie Smith Act? –2002 Possible –2003 Probable F Best guess at the final amount of money authorized by the Debbie Smith Act: –Convicted offender: 60 million –Unsolved Casework: 200 million

19. New Problem F 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?

20. 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

21. Policy Makers Want DATA, FACTS, NUMBERS... Four questions policy makers want answered 1. 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.

22. Forensic DNA Assessment Project F NIJ has awarded a grant to Smith Alling Lane, working in partnership with Washington State University, to answer these questions. F Assessment questionnaire will be sent to –state labs –local labs –local law enforcement agencies u All agencies with 100 or more officers (approximately 1000). u A statistically valid sampling of remaining agencies (approximately 2000). u Indian tribes

23. TIMELINE F Assessment tool will be mailed on early November 2002. F Preliminary report to NIJ by the end of January 2003 (in time for congressional budgets). F Report updates every two months until report is finalized (targeted at June 2003).

24. Questions ?