State to collect thousands of DNA samples under new law

STEVENS POINT – A new state law that took effect April 1 requires every person convicted of a crime or serious traffic offense to submit a DNA sample that the government will use to try to solve other crimes in which suspects haven't been identified.

Felons and sex offenders have undergone DNA testing for years, but the new law extends the requirement to anyone convicted of a misdemeanor such as writing a bad check or being caught with marijuana, and traffic offenses like a second offense of driving with a revoked license.

The state expects to collect 68,000 samples in the first year of the new practice, and those samples will be compared with DNA left at the scenes of crimes that have gone unsolved. Civil rights advocates have cried foul over the law, saying the state intends to keep genetic records forever on anyone who runs afoul of even minor laws. But law enforcement officials say the new procedure will help put violent criminals behind bars.

"There is a huge investigative benefit to taking DNA at arrest by solving crimes and preventing future victimization," Wisconsin Attorney General Brad Schimel said in a press release. "Serious crimes will be solved by matching suspects in our database to offenders, as well as eliminating innocent persons from law enforcement investigations."

Samples typically are taken in jails by staff members who use sterile swabs to collect DNA from inside offenders' mouths, and sheriff's departments already are worried about the time and expense associated with the law.

Cracking cases

DOJ officials say DNA data already has helped police identify suspects based on forensic data left behind at a crime scene or obtained in a sexual assault kit.

"We get dangerous people off the street before they do more crime," said Brian O'Keefe, administrator for the division of law enforcement services in the Wisconsin DOJ. "It will save lives."

Schimel said in a memo that the Wisconsin Crime Lab data bank has helped police match DNA left at crime scenes with suspects more than 5,600 times since 1998. Those samples were taken from convicted felons; O'Keefe said it is too early to show that adding DNA samples from misdemeanor convictions has solved crimes.

Civil liberties advocates say they are concerned about how this law is being implemented and its ultimate value to public safety.

American Civil Liberties of Wisconsin Executive Director Christopher Ahmuty said the organization opposes the expansion.

"In the case of the people who've just been arrested with probable cause, it turns the presumption of innocence on its head," he said. "When it's all convictions for misdemeanors, that suggests this is more about a fishing expedition than narrowly tailoring an investigation."

Ahmuty said he thinks a better use of resources would be to focus on collecting more samples from crime scenes for analysis.

Wisconsin has about 14,000 samples of DNA in its forensic database, according to DOJ documents. It has collected more than 154,000 samples from offenders.

"If you're looking at allocating resources, I think you get more bang for your buck to make sure that the rape kits and other things you need to investigate crimes are done properly," Ahmuty said.

He said the ACLU also has concerns about human error in the process of collecting and analyzing DNA. The ACLU is monitoring how the expansion rolls out and watching for errors and abuses.

Practical problems

The new sampling requirements also pose problems for those responsible for collecting and mailing the samples, officials say. Central Wisconsin sheriff's departments already have had to reallocate staff and time to collect and send samples for testing.

In the Marathon County jail, for example, a staff member has been assigned to collect DNA by appointment on Tuesdays. Jail Administrator Sandra La Du-Ives said scheduling the appointments after conviction gives the jail staff time to do the necessary administrative work before people arrive.

She said the county anticipates collecting about 2,000 samples annually under the new law.

Some staff members have been pulled off their original job duties and assigned to focus only on collecting the swabs, Marathon County Chief Deputy Chad Billeb said. He said it's a defendant's responsibility to show up and complete the DNA sample; those who don't can be charged with new misdemeanor crimes.

In Portage County, defendants are directed to report to the jail after conviction to submit their samples. They may have to wait for a staff member to be available to assist them, Portage County Jail Capt. Cory Nelson said.

"If there's a lot going on that day, those people could come in here and wait a significant amount of time," he said.

In Wood County, Chief Deputy Randy Dorshorst said his staff isn't expecting substantial wait times but is still analyzing the expected impact on jail operations because people may come when jail staff are already busy with other issues.

"We knew it was coming out, so we worked on it right away," he said. "It's not easy to do as far as getting everybody in and out. I think we're pretty much prepared."

Who pays?

Some facets of the new regulations remain unclear.

The law requires defendants to pay a surcharge for DNA collection — $200 for a misdemeanor and $250 for a felony. County clerks of court collect the surcharge and send it to the state. Counties receive $10 from the state for every sample they collect.

DOJ staff did not return calls seeking an explanation for why samples come with two different costs, though the procedures are exactly the same for misdemeanors and felonies.

The law also says defendants must submit a DNA sample only once in their lives, even if they're arrested or convicted of additional charges that require a sample later, because a person's DNA never changes. But the state statute is worded ambiguously and leaves room for interpretation as to how many times the surcharge should be assessed.

Some county clerks say they assess the surcharge only once per case. Other counties collect the surcharge on every count a suspect is ever convicted of.

A suspect convicted of 10 misdemeanor counts in one case, for example, could be charged $200 per count, or $2,000, for one DNA sample — or no sample if they've already submitted one.

DOJ documents do not explain the discrepancy and officials did not return requests seeking comment.

Sari Lesk can be reached at 715-345-2257. Follow her on Twitter as @Sari_Lesk.