Detailing the process of identifying and the outcomes of efforts to address lawfully “owed” DNA

Abstract

While missed DNA sample collection has been an identified problem for decades, there has yet to be a scholarly publication related to a large-scale effort to address lawfully “owed” DNA outside of a prison system. Lawfully owed DNA samples are DNA samples that legally should have been collected and entered into Combined DNA Index System (CODIS) based upon a qualifying offense but were not. As the first jurisdiction funded by the Bureau of Justice Assistance's Sexual Assault Kit Initiative to address lawfully owed DNA, this case study fills this knowledge gap by answering four key questions: What was the scope of the problem in this jurisdiction? What was the process by which individuals who owe were identified? What were the outcomes of these efforts? And what were the lessons learned and recommendations for other jurisdictions? Findings from this case study indicate widespread DNA sample collection issues in this jurisdiction, with nearly 15,000 identified as owing DNA over the span of approximately 7 years. Efforts to collect lawfully owed DNA samples from those who owe over a duration of approximately five and a half years have resulted in about one-fifth now being in CODIS, about 4% of these newly collected DNA profiles resulted in a forensic hit, and a quarter of those hits have resulted in a prosecution. This study serves as an important blueprint for other jurisdictions and underscores the importance of having effective policies and practices to help ensure that all who should lawfully have their DNA collected and uploaded into CODIS do.