1. Forensic DNA Policy A Global Perspective CIPAE Conference December 2, 2008 Brasilia, Brazil
Presented by:
Gordon Thomas Honeywell
Governmental Affairs
Tacoma, WA (253)
Washington, DC (202)
Seattle, WA (206)
Tim Schellberg

2. Gordon Thomas Honeywell Government Affairs
Tacoma, Washington Washington, DC

4. OFFENDER DNA DATABASES HOW DOES IT WORK?
Convicted
Offender
Forensic
Evidence

5. CODIS Architecture - Different Levels
NDIS
SDIS
Change to California
Change to
Texas
LDIS
Dallas Houston
Los Angeles San Francisco

6. Offender DNA Databases
SOLVE MORE CRIME
PREVENT MORE CRIME
EXONERATE THE INNOCENT
COST / BENEFIT

7. Your Offender Database Controls the “Hit Rates”
Estimated Hit Rates Based on
United States and United Kingdom Data
Sex offenders %
Sex offenders & Violent offenders 10%
Sex offenders, Violent offenders
and Property crimes %
All crimes, minus minor crimes 40%
All crimes %
All arrestees %

8. THE 5 STAGES OF FORENSIC DNA PROGRAMS
Global Observations

9. Named suspect-to-crime scene evidence only – NO DATABASE

10. Databases without offenders
Named suspect-to-crime scene casework only, no database
Databases without offenders
Suspects and crime scenes compared against crime scene databases (some suspect databases too)

11. Offender Database Legislation
Named suspect-to-crime scene evidence only – NO DATABASE
Databases without offenders
Offender Database Legislation
The essential element: No database legislation means no significant casework testing

12. Unsolved Casework Demand
Named suspect-to-crime scene casework only, no database
Offender Database Legislation
Offender Database Legislation
Unsolved Casework Demand
Increases as database grows – Higher Hit rates encourage more non-suspect demand.

13. Urgency (turnaround time)
Named suspect-to-crime scene casework only, no database
Offender Database Legislation
Unsolved Casework Demand
Unsolved Casework Demand
Urgency (turnaround time)

14. Status of DNA Databases throughout the world (add world category under Europe)
United States
England and Wales
Europe

15. United States

16. U.S. DNA Database Legislative Time-Line
1988 – States begin requiring DNA from offenders
Federal Bureau of Investigations (FBI) establishes guidelines on state sex offender DNA database laws
- FBI promotes the passage of sex offender DNA database laws
- FBI develops CODIS concept
Congress enacts the DNA Identification Act -- CODIS is formally created

17. U.S. Time-Line (continued)
Most states have sex offender DNA database statutes
states have enacted sex offender DNA database laws
- States begin push for all convictions (minus minor crimes) database legislation
- The American Civil Liberties Union (ACLU) and the Criminal Defense Bar organize to oppose all convictions legislation
Congress enacts the DNA Backlog Elimination Act (appropriates $140 million to states for DNA analysis)

18. U.S Time-Line (continued)
A total of 43 states pass have passed all crimes (minus minor crimes) legislation
- President’s DNA Initiative of $1 Billion is passed and begins implementation
- California implements comprehensive arrestee DNA testing law
2008
A push to arresting testing legislation – 14 states have passed law so far
Immigration DNA testing to begin
Victim groups increase visibility
New privacy issues emerge, such as familial testing

19. United States Database Size 3 Federal and 50 state databases
Common themes exist, but all 50 states have different database legislation
6.2 million offender samples
237,000 crime scene samples
47 states collect from all convicted offenders, except minor crimes
Remaining 3 states collect from all violent crimes and burglary
14 states have laws to collect DNA from arrested offenders
Purging: Convicted offenders – No Arrested offenders - Some

20. United States Funding Problems States fund most of the costs
Federal government operates central database
Local governments pay very little
$1 Billion federal investment through “President’s DNA Initiative”
Problems
Backlogs are still significant: Private labs vs. building sufficient public labs
Still looking for a shift in law enforcement collection habits
Turn around time lags far behind United Kingdom
Privacy concern with arrestee samples
Local governments generally don’t pay for testing

21. Offender Database Legislation
States require DNA from all convicted felons
States required DNA from arrested offenders 21

22. Observations of the offender legislation efforts(2000-2008)
Credit goes to the forensic community Federal Government, DNA Commission on the Future of DNA Evidence and local prosecutors.
Convicted offender legislation passed rapidly, but arrestee is taking longer.
Legislators took a long time to understand the databases
Opponents, such as ACLU, and Defense Bar were mostly quiet for convicted offender laws after having concerns initially.
“Pass it and the money will come” was an essential strategy.
Federal funding is important
Victims are becoming more involved.
Prevention data is essential
Strategy and compromise will be essential

23. United Kingdom

24. United Kingdom Database Size Funding Collection and casework
One national database – 4.5 offender (subject) samples
Operated by the Forensic Science Service (FSS)
Legislation requires permanent databasing of all people arrested
Nearly 427,000 Crime Scene samples – Average 60,000 per year.
Hit Rate is current 55% and expected to rise
See the United Kingdom’s annual report at
Funding
Strong financial support from national government to operate FSS
Local governments also invest heavily in casework, by reimbursing FSS for casework
Collection and casework
Aggressive crime scene casework
Adds between 1,000 to 1,500 profiles to the crime scene database each week
Over 1,700 crime scene to crime scene or suspect to crime scene hits per week

25. Turn Around Time (in Days)
by Type of Case 10 20 30 40 50
Burglary
Drugs
Assault
Murder
Sexual
Offense
1999
2000
2001

26. Europe - include all the way to Russia (see list)

27. Europe Interpol DNA Gateway Database Australia CrimTrac
Current Database Laws
All but a few countries have databases (link to slide)
Most have passed offender database legislation
Details
Extensive purging required
Database size varies (link to slide)
Over 50% using CODIS software (link to slide)
The Future of European Databases
Strong recognition that the future is suspect databases
European wide searches through the Prum Treaty
ENFSI DNA –Database Management Review and Recommendations
Interpol DNA Gateway Database
Australia CrimTrac

28. ENFSI Recommendation Recommendation #1 Recommendation #3
“Every EU/ENFSI – county should establish a forensic DNA-database and specific legislation for its implementation and management”
Recommendation #3
“To increase the chance of a DNA-profile of a stain to match to a person, the number of persons which are likely to cause matches in a DNA-database be as high as legally (and financially) possible”

29. DNA Databases Countries All countries, but Cyprus, Georgia, Greece, Ireland, Italy, Latvia, Luxembourg, Malta, Russia, Turkey and Northern Ireland

30. Rest of the World (Map of world) First click brings in US, UK and Europe. Second click brings in other established databases and third click brings in Countries pursuing databases
Established and growing DNA databases
(Other than US, UK and Europe):
Australia
New Zealand
Canada
South Africa
Japan
China
Israel
Countries Pursuing Databases
Chile
India
Uruguay
Brazil
Argentina
Caribbean Nations
Bosnia
Singapore
United Arab Emirates
Columbia
South Korea
Malaysia
Thailand
Philippines
Mexico

31. VICTIM ADVOCACY
The concept of victim groups promoting DNA database laws
is aggressively expanding to
other parts of the world

32. United State’s Debbie Smith
The Debbie Smith Act and Beyond

33. USA – DNA Funding to Continue
DEBBIE SMITH DNA BACKLOG ELIMINATION ACT SIGNED BY PRESIDENT OCTOBER 8, 2008
The bill reauthorizes federal funding for grants to state and local crime labs to assist with backlog reduction and capacity enhancement. The grants are reauthorized at $151 million through 2014.
As recently as last month this commitment was renewed by the passage of the reauthorization of the Debbie Smith Act.
- Rob and Debbie Smith with Congresswoman Maloney of NY and Congressman Reichert of WA
11/22/2018

34. New leader for advancing arrestee legislation: Jayann Sepich
New Mexico
New leader for advancing arrestee legislation: Jayann Sepich

35. : Drive to Arrestee Testing: Career criminals are recidivists and their crimes become more violent over time.
Chicago study of 8 convicted offenders
60 preventable violent crimes, including 30
rapes and 22 murders
Why are States and countries around the world continuing to expand the scope of their legislation? A quick look a recent study conducted by the city of Chicago clearly shows that many career criminals are recidivists and that their crimes become more violent over time.
The City of Chicago studied the criminal histories of eight convicted offenders. They were able to show that if any of the offenders had been required to provide DNA upon arrest, a number of heinous crimes could have been prevented. In fact, if all of the offenders had been required to submit a DNA sample at the same time as they were fingerprinted during their first arrest, 60 crimes, including 30 rapes and 22 murders would have been prevented.
Furthermore, the study revealed that of the 21 prior arrests between all offenders only 7 were for violent crimes. The rest would have linked the perpetrator to a murder or rape by linking them upon arrest to a non-violent offense, including theft and drug offenses—This demonstrates the incredible power of a DNA database to prevent and solve crime by requiring DNA collection upon arrest.
8 offenders
60 unnecessary victims

36. Other Emerging Policy Issues

37. “ A Not So Perfect Match”
Familial Searching
60 Minutes – April 1
“ A Not So Perfect Match”

38. What is the status on Brazil’s effort to Establishing a forensic DNA Program?

39. Moving forward over time
SENASP proposal awaiting approval by Ministry of Justice
Ministry of Justice likely to submit to proposal similar to SENASP’s to Brazilian Congress this year??
Various drafts of legislation already prepared
Brazilian officials in discussion with FBI to use CODIS software for databasing.

40. Lessons Learned for Brazil
Create a database law that maximizes the “hit rate”
Make database a priority
Include all suspects, not just convicted offenders
If privacy problems arise for including suspects, destroy suspect sample after profiling
Avoid purging profiles from database
Include juveniles
Include all categories of incarceration
Do not take incremental steps
Retroactive Provision: Include convicted offenders that are currently incarcerated or under supervision. Add them immediately.
Utilize private laboratory outsourcing to reduce initial costs
Use most efficient collection method (saliva swabs)

41. Lessons Learned for Brazil
Collection Strategies
Implement “Rape Victim DNA Program”
Instant results
Generates strong public support
National intensive effort to make law enforcement aware of DNA
Utilize free DNA collection training guides produced by the United States and England/Wales
Avoid testing delay: Consider outsourcing more basic cases, such as Rape Kits

42. Lessons Learned for Brazil
Funding strategies
Offender/suspect database: Collect now - analyze later
Offender/suspect database: Offender pays for inclusion costs
Casework: England and Wales model - Local government pays for casework
Casework: United States - Large grant program from federal government

43. Lessons Learned for Brazil
Develop Strong Support Network
Make sure agency controlling databases are actively supportive
Educate local law enforcement and prosecutor leaders
Gain victim group support
Address civil rights concerns
Educate relevant legislators and legislative staff

44. Questions ?