Forensic DNA Databases A Global Update NISI Seminar

Forensic DNA Databases: A Global Update NISI Seminar Presented by: February 26, 2010 Seoul, Korea GORDON THOMAS HONEYWELL Governmental Affairs Washington, DC (202) 258 -2301 Tacoma, WA (253) 620 -6500 Tim Schellberg tims@gth-gov. com

Gordon Thomas Honeywell Government Affairs Washington, DC Tacoma, Washington

International. DNAresource. com • Comprehensive and upto-date information on DNA database programs worldwide. • Color-coded for easy recognition of database status • Country profiles include DNA database criteria and technical specifics • Continuously updated resources to include laws, amendments, news articles, and other external information

Offender DNA Databases 4 SOLVE MORE CRIME 4 PREVENT MORE CRIME 4 EXONERATE THE INNOCENT 4 COST / BENEFIT

Offender Database Size Controls the “Hit Rates” Estimates Sex offenders & Violent offenders 5% ____ 10% Sex offenders, Violent offenders and Property crimes 20% All crimes, minus minor crimes 40% All crimes 50% All arrestees 60% Whole Population_________________90 -99%?

5 STAGES OF FORENSIC DNA PROGRAMS Global Observations

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

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)

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

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

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

GLOBAL LEGISLATIVE UPDATE North America Central America South America Europe Middle East Africa Asia Australia & Oceania

North America

United States Database Size – 3 Federal, 50 state, and over 70 local databases – Common themes exist, but all 50 States have separate database laws – 7. 3 million offender samples – 281, 000 crime scene samples – 47 States collect from all convicted felons, except minor crimes – Remaining 3 States collect from all violent crimes and burglary – 21 States collect DNA from arrested offenders – Profile Removal: • Convicted offenders – No (unless conviction is overturned) • Arrested offenders – Yes – Sample Destruction: NO – Aggressively Opposed in the US

United States Funding – States fund most of the costs – $1. 5 Billion federal investment (Grants to the States) Problems - Backlogs are significant: Private labs vs. building public lab capacity - Still looking for a shift in law enforcement collection habits - Turn around time lags far behind United Kingdom - Privacy challenges with arrestee samples - Local governments generally don’t pay for testing

Europe

United Kingdom Database Size – One national database – 4. 8 million offender samples – Database formerly operated by the Forensic Science Service (FSS), but transitioned to the National Policing Improvement Agency (NPIA) in 2009 – Law requires permanent databasing of all people arrested – Nearly 556, 794 Crime Scene samples – Hit Rate is currently 56. 3% – See the UK annual report at http: //www. npia. police. uk/en/14395. htm Funding – Strong financial support from national government to operate NPIA – Local governments also invest heavily in casework Collection and Casework – Aggressive crime scene casework – Adds an average of 953. 3 profiles to the crime scene database each week – Over 1, 042 crime scene to crime scene or suspect to crime scene hits each week

The Marper Challenge Deciding the issue of arrestee DNA retention in Europe • S. and Marper v. The United Kingdom (Dec. 2008) – European Court of Human Rights – FINDING: Permanent retention of arrestee DNA samples a violation of privacy under the European Convention of Human Rights – UK must develop new policies. • United Kingdom’s Home Office Response – Retain arrestee suspect profiles for up to 12 years depending on severity of the crime. • Parliament – Reject Home Office’s proposal. Negotiations pending.

Remaining European COUNTRIES Current Database Laws 4 4 Most countries have databases Extensive purging required Database size varies Over 50% using CODIS software The Future of European Databases 4 Strong recognition that the future is suspect databases 4 European-wide searches through the Prum Treaty 4 New European Union requirement for each Member Country to have DNA database laws

ENFSI DNA Database Overview as of April 2009

Software used by ENFSI Member Countries

New Legislation EUROPE Russia – New law effective January 2009, but not operational until 2010 – Convictions for serious crimes and unidentified bodies – Removal of profile only upon death (or at 100 years of age) – The law, National Genetic Registration in Russia (О государственной геномной регистрации в Российской Федерации) N 242 -FZ available here Italy – Passed new database law in June 2009 to strengthen criminal investigations and for Prüm Treaty compliance – Convicted offenders and suspect profiling when request by judge – Text of the law, N. 586 -905 -956 -960 -B can be accessed here

New Legislation EUROPE • Greece – Identification Law 3783/2009 approved July 2009 and entered into force on August 7, 2009 – Crimes punishable by 3 + months imprisonment – Convicted profiles held until death, suspects destroyed on acquittal – Official law can be viewed here • Ireland – Criminal Justice (Forensic Sampling and Evidence) Bill is currently before the Dáil Éireann, the lower house. – Likely to pass by the end of the year – Includes provisions for crimes scenes, suspects, convicts, volunteers, mass screenings, missing persons, and “evidential” tests – Exclusionary DB for crime scene and laboratory personnel

Asia

New Legislation ASIA • South Korea – Approved by the Korean Parliament in December. Takes effect in July, 2010 – Includes offenders convicted of violent and sexual crimes • Malaysia – New DB law entered into force in June of this year – Includes convicted, arrested, missing persons and detainee and voluntary – International cooperation provisions – Comprehensive privacy provisions – Retroactive for prisoners – Voluntary samples must be approved by senior officer – Arrestee samples and profiles must be destroyed if not convicted

Asia DNA legislation is expanding rapidly – who’s next? India • Legislation positioned to pass in 2010 Priority for new leadership Thailand • • Legislation being drafted. CODIS being pursued Vietnam • • Offender database policies being developed CODIS being considered

Middle East

Population Wide Databases A Middle East Trend? United Arab Emirates – On October 2, the UAE announced it will establish a national DNA database of residents – Currently samples are taken from suspected, convicted, and incarcerated criminals – The plan would be the first of its kind globally – Other uses include: identification of disaster victims, missing persons, paternity issues, as well as citizenship and immigration concerns. – The National Council may have to pass new legislation prior to implementation

Australia & Oceania

New Legislation NEW ZEALAND • The Criminal Investigations (Crime Scene) Bill (passed October 27) expands the national database • Permits investigators to collect samples from anyone they 'intend to charge' – Previously, police could only take samples with consent, with judicial approval, or for crimes punishable by 7+ years imprisonment • Includes provisions for destruction of suspect samples • Full implementation expected in 2011 • Official text for the new law can be found here

Africa

New Legislation AFRICA • Mauritius – – DNA Identification Act 2009 passed in late June Includes convicted offenders and suspects Suspect profile held up to 10 years Official English text of law can be viewed here • South Africa – The Criminal Law (Forensic Procedures) Bill is currently before Parliament – Includes provisions for crime scene, convicted offender, and volunteer and exclusionary profiles – Expected to pass; has significant support from the ANC • Nigeria – National DNA database bill passed second reading in the Senate on October 14 th – Appears to have notable support given the high crime rates in the country.

Central America

South America

New Legislation SOUTH AMERICA Brazil – – BN 4335 establishes a DNA database Currently limited to sex offenders Legislation expected to expand to all convicted criminals Brazilian Federal Police to run program. Chile – – Recent legislation to be implemented Limited to violent convicted offenders Crime lab being built for databasing Database program to begin in 2010 Argentina – State of Cordoba and District of Buenos Aires passed legislation to allow a DNA database. Scope of the database to be developed administratively. – Federal government developing plan to introduce legislation.

DNA ADVOCACY Law Enforcement, Prosecutors, Victims and Public Safety The force behind the growth

Other Emerging DNA Issues

Familial Searching Touch DNA Property crime programs Preventing crime with DNA databases

ARRESTEE DNA LAWS: PREVENTING CRIMES Chicago Police Department Study 60 Preventable Crimes linked to 8 offenders Denver District Attorney’s Office Study 47 Preventable Crimes linked to 5 offenders Maryland Governor’s Office Study 20 Preventable Crimes linked to 3 offenders TOTAL: 127 Preventable Crimes

The Balancing Test of DNA Databases Overcoming privacy concerns

Questions www. dnaresource. com tims@gth-gov. com