Ind. Law - "Police want to add DNA from more people to database"
Jon Murray of the Indianapolis Star has a long story today looking at legislation under consideration to expand the collection of DNA samples. Read it in conjunction with Niki Kelly's story from Feb. 1st on Senate Bill 24 and this ILB entry from Feb. 5th on a similar bill in the State of Washington and its costs.
Some quotes from today's story:
Jon Murray of the Indianapolis Star has a long story today looking at legislation under consideration to expand the collection of DNA samples. Read it in conjunction with Niki Kelly's story from Feb. 1st on Senate Bill 24 and this ILB entry from Feb. 5th on a similar bill in the State of Washington and its costs.
Some quotes from today's story:
The Judiciary Committee voted 7-2 last month to advance a bill authored by Sen. Joe Zakas, R-Granger, that would collect DNA samples from felony arrestees beginning July 1. [SB 24]
But the debate could get cut short in the Senate Appropriations Committee, which examines ways to pay for proposals.
The estimated price tag -- $2.5 million to $3.5 million -- could be a roadblock in a session dominated by a tight budget. The appropriations chairman, Sen. Luke Kenley, said the bill will get a hearing this week but likely will be held up while the committee considers spending priorities.
"My goal at this point is to keep the concept moving forward, regardless of the funding," Zakas said.
One idea to cover the bill's cost is to add $9 to a $2 DNA sample processing fee charged in criminal court cases.
Sen. James Merritt, R-Indianapolis, has authored an even more expansive bill that would target all arrestees, not just those picked up on felonies. Largely because of a cost estimated at up to $6.6 million, Merritt said it won't move forward this year. [SB 237]
Zakas has had more success with two less-costly DNA-related bills that are moving on to the House after passing the Senate last week.
One, passed 41-9, would begin collection of DNA from juveniles found to be delinquent for burglary, violent crimes and sex offenses. The proposal has drawn objections from some who see a conflict with the juvenile system's goal of rehabilitation. [SB 3]
The other bill, passed 44-6, would let the Indiana State Police superintendent authorize an investigation of blood relatives if a person's DNA database profile doesn't match evidence from a crime scene but is close enough to cast suspicion on a family member. [SB 4]
If Zakas' felony arrestees bill becomes law, the state would collect and process nearly 73,000 more samples each year than it does now, the Legislative Services Agency estimated.
Asplen and other supporters of the idea cite cases in which collecting a serial criminal's DNA at an arrest would have prevented crimes and untold investigative and court costs.
Concerns about expungement
Zakas' bill drew objections from some Judiciary Committee members because its expungement provisions aren't automatic. The bill requires cleared arrestees to submit a written request and provide documentation before their profiles can be deleted.
Four in 10 arrests don't lead to charges or a conviction, national statistics show, and expungement requests from everyone eligible could overwhelm State Police with 100 or more a day.
One key supporter of arrestee DNA collection, Marion County Prosecutor Carl Brizzi, said he disagreed with offering expungement because having more records gives investigators a better chance of finding a match.
Judiciary Committee member Sen. Greg Taylor, D-Indianapolis, said he voted against Zakas' bill because neither current nor proposed rules allow equal access to the database for people seeking to prove their innocence.
Brizzi and others say a DNA profile is just another fingerprint and federal privacy laws limit how it can be used.
So far, few courts have waded into the debate on DNA collection from arrestees.
Larry Landis, executive director of the Indiana Public Defender Council, said he worried the stored samples could provide much more personal information as science develops.
"It has a great potential for misuse that people don't recognize, just like getting somebody's bank accounts and passwords," Landis said. "Fingerprints don't tell that much about you."
A side-bar points out: But the debate could get cut short in the Senate Appropriations Committee, which examines ways to pay for proposals.
The estimated price tag -- $2.5 million to $3.5 million -- could be a roadblock in a session dominated by a tight budget. The appropriations chairman, Sen. Luke Kenley, said the bill will get a hearing this week but likely will be held up while the committee considers spending priorities.
"My goal at this point is to keep the concept moving forward, regardless of the funding," Zakas said.
One idea to cover the bill's cost is to add $9 to a $2 DNA sample processing fee charged in criminal court cases.
Sen. James Merritt, R-Indianapolis, has authored an even more expansive bill that would target all arrestees, not just those picked up on felonies. Largely because of a cost estimated at up to $6.6 million, Merritt said it won't move forward this year. [SB 237]
Zakas has had more success with two less-costly DNA-related bills that are moving on to the House after passing the Senate last week.
One, passed 41-9, would begin collection of DNA from juveniles found to be delinquent for burglary, violent crimes and sex offenses. The proposal has drawn objections from some who see a conflict with the juvenile system's goal of rehabilitation. [SB 3]
The other bill, passed 44-6, would let the Indiana State Police superintendent authorize an investigation of blood relatives if a person's DNA database profile doesn't match evidence from a crime scene but is close enough to cast suspicion on a family member. [SB 4]
If Zakas' felony arrestees bill becomes law, the state would collect and process nearly 73,000 more samples each year than it does now, the Legislative Services Agency estimated.
Asplen and other supporters of the idea cite cases in which collecting a serial criminal's DNA at an arrest would have prevented crimes and untold investigative and court costs.
Concerns about expungement
Zakas' bill drew objections from some Judiciary Committee members because its expungement provisions aren't automatic. The bill requires cleared arrestees to submit a written request and provide documentation before their profiles can be deleted.
Four in 10 arrests don't lead to charges or a conviction, national statistics show, and expungement requests from everyone eligible could overwhelm State Police with 100 or more a day.
One key supporter of arrestee DNA collection, Marion County Prosecutor Carl Brizzi, said he disagreed with offering expungement because having more records gives investigators a better chance of finding a match.
Judiciary Committee member Sen. Greg Taylor, D-Indianapolis, said he voted against Zakas' bill because neither current nor proposed rules allow equal access to the database for people seeking to prove their innocence.
Brizzi and others say a DNA profile is just another fingerprint and federal privacy laws limit how it can be used.
So far, few courts have waded into the debate on DNA collection from arrestees.
Larry Landis, executive director of the Indiana Public Defender Council, said he worried the stored samples could provide much more personal information as science develops.
"It has a great potential for misuse that people don't recognize, just like getting somebody's bank accounts and passwords," Landis said. "Fingerprints don't tell that much about you."
In Indiana, samples are handled by the State Police's laboratory division, which uses a contractor, Indianapolis-based Strand Analytical Laboratories, to analyze them. Strand develops DNA profiles that the State Police load into state and federal databases; the State Police keep one DNA sample in storage for each offender. Each profile contains information about 13 locations in the person's DNA.
Here is a story that appears to be based on a press release from May 10, 2006: Strand Analytical Laboratories, the DNA testing company cofounded by Scott C. Newman and internationally knowned forensic scientist Dr. Mohammad A. Tahir, is preparing to expand its operations, just 10 months after opening in July 2005.
The Metropolitan Development Commission of Indianapolis recently granted a tax abatement for Strand on the planned expansion to its laboratory at 5770 Decatur Blvd. The expansion will create 52 new high-paying jobs by December 2010 to add to the existing 11 positions, and it represents a capital investment of nearly $2 million for the company.
“We’re very excited that it’s already time to grow at Strand Labs in Indianapolis. It confirms what we thought about the demand for high quality DNA identification services and our ability to provide them here,” said Newman, Strand’s president & CEO.
Newman co-founded Strand Labs with Dr. Mohammad A. Tahir, a leading DNA expert. Dr. Tahir was a member of the FBI Director’s DNA Advisory Board (DAB) that has established standards for forensic DNA analysis and the convicted offender database (CODIS) in the United States.
In January, Strand was chosen to provide DNA identification training to Pakistani scientists to aid in the fight against crime, including acts of terrorism, in that country.
The state of Indiana, through the Indiana Economic Development Corporation (IEDC), has offered an incentive package that will assist Strand Analytical Laboratories with its expansion. The IEDC-offered incentives include up to $81,000 in training grants and up to $515,000 in tax credits based on anticipated employment and capital investment levels.
Property tax abatements, like the one granted to Strand, permit new or expanding companies to phase in property tax payments over time and are contingent on the creation of new jobs. Abatements are a means of assisting firms with the high cost of startup and capital investment.
In addition to forensic DNA testing, Strand also does testing for parentage and provides expert testimony in court for prosecutors and defense attorneys in criminal and parentage cases. Since its opening, Strand has been receiving cases and contracts from around the country, and has significant developing international commercial ties as well.
The Metropolitan Development Commission of Indianapolis recently granted a tax abatement for Strand on the planned expansion to its laboratory at 5770 Decatur Blvd. The expansion will create 52 new high-paying jobs by December 2010 to add to the existing 11 positions, and it represents a capital investment of nearly $2 million for the company.
“We’re very excited that it’s already time to grow at Strand Labs in Indianapolis. It confirms what we thought about the demand for high quality DNA identification services and our ability to provide them here,” said Newman, Strand’s president & CEO.
Newman co-founded Strand Labs with Dr. Mohammad A. Tahir, a leading DNA expert. Dr. Tahir was a member of the FBI Director’s DNA Advisory Board (DAB) that has established standards for forensic DNA analysis and the convicted offender database (CODIS) in the United States.
In January, Strand was chosen to provide DNA identification training to Pakistani scientists to aid in the fight against crime, including acts of terrorism, in that country.
The state of Indiana, through the Indiana Economic Development Corporation (IEDC), has offered an incentive package that will assist Strand Analytical Laboratories with its expansion. The IEDC-offered incentives include up to $81,000 in training grants and up to $515,000 in tax credits based on anticipated employment and capital investment levels.
Property tax abatements, like the one granted to Strand, permit new or expanding companies to phase in property tax payments over time and are contingent on the creation of new jobs. Abatements are a means of assisting firms with the high cost of startup and capital investment.
In addition to forensic DNA testing, Strand also does testing for parentage and provides expert testimony in court for prosecutors and defense attorneys in criminal and parentage cases. Since its opening, Strand has been receiving cases and contracts from around the country, and has significant developing international commercial ties as well.