Posted on: Monday, April 25, 2005

ISLAND VOICES

By Barbara Marumoto

Hawai'i is one of only 12 states that do not collect DNA samples from all convicted felons. Thirty-eight states and the federal government have found that the availability of DNA samples from all felons helps them solve hundreds of crimes, including "cold" cases that they otherwise might not solve. It also could prevent unknown numbers of crimes by keeping potential felons off the street.

Currently, Hawai'i only collects DNA samples from sex offenders and those convicted of violent crimes. However, research at both state and federal levels shows that those convicted of nonviolent crimes, such as property crimes, frequently graduate to violent crimes. Having the DNA of criminals who have committed property crimes already in the system increases the speed and certainty with which suspects could be identified by analyzing DNA left at crime scenes.

The Hawai'i Legislature is now considering a measure that would authorize collection of DNA from all those convicted of felonies — not only violent and sex crimes. Why is this important?

In 38 states, law enforcement agencies are matching DNA evidence from unsolved cases to current DNA databases and linking offenders to unsolved crimes. Expanded DNA databases that include all convicted felons increase the chances that the perpetrator of an offense will be identified and apprehended. This can be done in Hawai'i.

This bill falls short in that it does not allow law enforcement agencies to retrieve DNA samples from arrestees — only if, and after, they are convicted. However, this bill is a good first step in building a database of felons who have a propensity to be repeat offenders.

Equally important, this bill could exonerate wrongfully convicted people. There are probably many people in prison who are innocent and have little chance of exoneration, and the use of DNA holds out hope to them.

Expanding DNA database requirements will eventually help prevent crimes because an offender who is not apprehended remains free to commit more crimes. According to the Department of Justice, the average rapist commits eight to 12 sexual assaults. If a rapist were apprehended earlier, many rapes could be prevented.

The technology of DNA collection has improved so that blood samples are no longer necessary. Mouth swabs are as effective as blood samples and are easier for law enforcement agencies to use. Collection costs are under $2 per swab.

Last year, Congress passed the Justice for All Act, which includes the Debbie Smith Act of 2004. This law authorizes several hundred million dollars for states and local governments over the next few years to expand DNA registration programs for felons. These funds will help states pay for the backlog of unanalyzed DNA samples and complete DNA analyses on thousands of unsolved homicide and rape cases. Federal money is available for equipment, facility renovation and even overtime costs. Hawai'i is entitled to its share, and we could access federal funds if we enact this legislation now. For too many years, DNA legislation has languished.

Debbie Smith, herself a victim of a horrific rape, lived in constant fear for 6› years while her rapist remained unidentified. Her fear was lifted only when her state passed legislation to collect DNA from all felons. The DNA collected from her alleged perpetrator was matched against the state database of criminal offenders and he was identified and apprehended.

If we pass the "all felons DNA database legislation," it will triple or quadruple the odds of identifying rapists and other criminals. And with the available federal money, Hawai'i does not have to pay for all of it with scarce state funds.

Just a few examples of federal funding authorized in the new federal law for each year from 2005 through 2009 are: $30 million for the Sexual Assault Forensic Exam Program Grants; $15 million each year for the DNA Research and Development program; $12.5 million annually for DNA Training and Education for law enforcement, corrections personnel and court officers; and $151 million each year for effective use of DNA technology to solve crimes.

The City & County of Honolulu could use these funds to ramp up and expand its crime lab — the only one in the state. However, this legislation would be most helpful to Neighbor Island police and prosecutors. The funds could be used to pay for Neighbor Island needs, or out-of-state analysis, or to build DNA labs on the Neighbor Isles. Or they could be used to expand the HPD crime lab to assist Neighbor Island law enforcement agencies. Additional federal grants are available to train lab staff in DNA analysis, processing and other functions.

I have introduced DNA legislation for several years and am glad to see that it is finally on the legislative radar screen. I commend the chairs of the House and Senate Judiciary committees for advancing a bill to expand DNA collection. It is now in conference committee, and its eventual passage will improve the administration of justice.

Hawai'i needs this law now to help our citizens who are victimized by crime, and we owe it to those who are wrongly accused and convicted.

Republican Barbara Marumoto represents the 19th House District (Kaimuki, Kahala, Wai'alae Iki).