Attorney General Bob Ferguson announced today that his lawfully owed DNA project has reached a significant milestone, with more than 2,000 new profiles added to the national DNA database since the effort began.
Ferguson’s office is working with local law enforcement across Washington to collect DNA from sex offenders, violent offenders and individuals convicted of serious felonies who legally owe samples as part of their criminal convictions, but failed to provide them. The Attorney General’s Office does not have a direct role in collecting or testing sexual assault kits.
So far, 2,061 new profiles and counting have been added to the Combined DNA Index System, or CODIS, since the office launched the project in partnership with the Department of Justice. Of those profiles 76 resulted in a “hit,” meaning the offender’s profile matched DNA evidence already in the database.
These new “hits” can help identify perpetrators of unsolved rapes, murders and other crimes in our state and around the country.
“Collecting the DNA of thousands of serious offenders will help us solve more cold cases,” Ferguson said. “This work makes communities safer and sends the message that we will use every tool at our disposal to bring justice to survivors and victims of these devastating crimes.”
Washington requires many offenders convicted of sex offenses and serious crimes to provide their DNA as a term of their conviction. Ferguson started the project nearly four years ago to collect DNA from violent and sex offenders in Washington who slipped through the system without complying with this requirement.
His office started by collecting samples from currently registered sex offenders and offenders under the supervision of the state Department of Corrections, including those who are incarcerated and in community custody.
Then the office collected DNA from offenders convicted of sex, kidnapping and homicide offenses.
Now, the office is working to collect samples from offenders convicted of a variety of violent and felony offenses, including assault and robbery.
The Attorney General’s Office estimates thousands of violent offenders are living in Washington with an obligation to provide their DNA sample.
Attorney General’s Office process for locating offenders who owe DNA
There is no centralized database for locating these offenders who fell through the system. Consequently, the Attorney General’s Office uses a lengthy, multi-step investigative process to locate offenders who still owe DNA.
First, investigators with the office’s Sexual Assault Kit Initiative (SAKI) use data from the Department of Corrections and Washington State Patrol to identify violent and sex offenders who owe DNA. AGO investigators confirm which offenders already have a DNA profile in CODIS and analyze offenders’ conviction histories to confirm that they still owe DNA.
Then, investigators use numerous databases to confirm that the offender is still located in the state and able to provide a sample. They find the last known contact information for the remaining offenders.
Investigators then send letters to offenders asking them to report to local law enforcement to provide a sample, informing them that refusing a legal request to provide a DNA sample is a violation of state law. AGO staff conduct direct outreach and work with local law enforcement to contact individuals who do not respond to the letters.
New law passed to help the problem
A new law took effect July 23 aimed at curbing this problem of individuals slipping through the system without providing DNA samples.
Years ago the Attorney General’s Office highlighted a problem: Washington has had no uniform process for collecting these court-ordered DNA samples. The practice varies between counties and can result in failure to collect samples.
This year the Legislature passed House Bill 1028, which directs courts to create time-sensitive protocols for collecting DNA upon sentencing. HB 1028 originated with the Attorney General’s Office Sexual Assault Forensic Examination (SAFE) Advisory Group’s recommendation. Specifically, the law requires courts to implement a sample collection system that includes scheduling a compliance hearing within 10 days if DNA is not collected at the time of sentencing to ensure a sample is collected.
Ferguson sent a letter to local judges when the new law went into effect, urging courts to comply with the mandate to prevent the backlog of offenders who owe DNA from growing. The letter also seeks information from Washington courts about how they plan to implement these local protocols.
The new law does not address samples that were previously ordered and are still owed.
Project background
Ferguson launched the lawfully owed DNA project in October 2019, in partnership with the U.S. Department of Justice and local law enforcement.
Every state requires that individuals convicted of certain crimes — including violent crimes and sex offenses, among others — must have a DNA sample taken to be submitted to CODIS. Courts order individuals to submit their DNA as a condition of their sentence. Jails, correctional facilities and local law enforcement are responsible for collecting the samples and submitting them to the Washington State Patrol Crime Lab, which enters them into CODIS.
Investigators and prosecutors rely on samples in CODIS to solve crimes and bring justice to victims. When DNA is collected at a crime scene, it is tested by the crime lab and checked against the CODIS database. When the DNA evidence matches a profile in the database that is considered a “hit.” New “hits” can help identify repeat offenders, link cases across the country and even solve cold cases. They can also exonerate individuals who were wrongfully convicted.
Republished courtesy of Washington's Attorney General.