Letter to James Comery, Director of the Federal Bureau of Investigation - Improve DNA Testing for Law Enforcement

Letter

Dear Director Comey:

We urge you to increase the speed with which DNA evidence is tested and profiles uploaded into the COmbined DNA Index System (CODIS). In particular, we ask you to develop pilot programs to test the use of Rapid DNA analysis at police booking stations and assess its viability for broad deployment. We also ask you to address impediments to the use of private sector laboratories in DNA testing and establish pilot programs to test any proposed new procedures.

As you know, DNA is a powerful tool in law enforcement. It allows us to achieve justice for victims by punishing those responsible for criminal activity with near certainty. And, it allows us to free innocent people who have been convicted wrongfully. However, for DNA to be utilized most effectively, samples must be tested and profiles uploaded into the national collection of DNA profiles, CODIS

Unfortunately, there is a tremendous backlog of untested DNA evidence. For example, the National Institute of Justice reported in December 2013 that, in public laboratories surveyed in 2011, there were over 100,000 cases involving backlogged DNA evidence. In 2005 the number was less than 50,000. This does not even include other aspects of the DNA backlog, such as DNA evidence held by law enforcement and not sent to a laboratory to be tested as well as untested samples from arrestees and convicted offenders.

With respect to solving part of the problem, improving public crime laboratory capacity, the federal government provided state and local governments $442 million between fiscal year 2008 and 2012, according to a July 2013 Government Accountability Office (GAO) report. However, according to the GAO, "The demand for DNA testing continues to exceed the capacity of laboratories to process these samples."

While we strongly support continuing as much federal assistance as possible in reducing the DNA backlog, our current efforts have been insufficient in the face of increasing demand due to the value of this science in solving crimes. Therefore, we need to explore additional solutions. One option is to better utilize new technology that allows testing samples from arrestees at the time of booking.

Existing processes require law enforcement to collect DNA samples from arrestees, transport these samples to a laboratory, have them analyzed, and then wait for results. This entire course can take weeks, during which time arrestees are free to potentially commit criminal acts or disappear.

Technology, known as Rapid DNA analysis, exists which has the potential to allow law enforcement to quickly compare an arrestee's DNA profile against CODIS right in the booking station. This would free up laboratory capacity, allowing other testing to proceed more quickly, and help identify perpetrators immediately. The FBI recognized the power of Rapid DNA analysis and the importance of furthering its use in 2010, when it established the Rapid DNA Program Office.

It is time to take the next step and assess the validity and efficacy of Rapid DNA analysis for possible widespread use in law enforcement booking stations. This could be done through initial pilot programs, and we respectfully request the FBI adopt pilot projects to do so in a timely manner.

A second way to reduce the DNA testing backlog is to address obstacles in the utilization of private sector laboratories. Currently a private sector laboratory cannot upload DNA information to CODIS and must send its results to a public sector laboratory for inclusion. Upon taking ownership of the data, the public sector laboratory does a technical review to go over the private sector laboratory's work. This is in addition to the technical review that a private sector laboratory does before it sends the information in the first place.

Having an additional technical review of data submitted from a private sector laboratory means additional time and resources. This may not be necessary. It is our understanding that in 2010 the FBI began a review of issues relating to the technical review requirement, prompted by similar concerns about its contributing to the DNA backlog by CODIS stakeholders, Members of Congress, and other elected officials. Unfortunately, the FBI did not solve the problem in its latest
Quality Assurance Standards for DNA Databasing Laboratories
, which provides rules for laboratories doing DNA testing and were effective as of September 1, 2011.

We ask the FBI review this issue again and adjust its policies and requirements to allow for the better use of private sector laboratories in DNA testing and analysis. This could include developing a system whereby a public sector laboratory does not review work on DNA done and confirmed once already by a private sector laboratory, developing a method for the latter to directly, or working with a government partner, include DNA profiles in CODIS, or, at the very least, suggesting the use of best practices or encouraging public laboratories to make the review of private laboratory DNA work a top priority so as to stop their reexamination from delaying DNA backlog reduction.

FBI concerns about any of these changes could be addressed by working with law enforcement agencies to first test them by conducting pilot programs. The Alameda County District Attorney's Office in California would welcome such an opportunity, and it is confident it could demonstrate how successful an expanded use of private laboratories could be in reducing the DNA backlog.

Thank you for your time and consideration. Please respond to the separate issues of Rapid DNA analysis and better utilizing private sector laboratories either in the same or in separate communications, so as to enable the timeliest response(s) possible.

Sincerely,