Four years ago, New York State recorded its first hit in its DNA databank.  The match, which linked a state prison inmate to the 1979 murder of a Westchester County woman, solved a cold case and resulted in a first-degree manslaughter conviction.  But it also sent out a strong message about the crime-fighting possibilities of DNA collection.

"[The hit occurred] because of the work the guys did up there in the Department of Corrections," said Julie Pasquini, Director of the Bureau of Justice Partnerships for the N.Y. State Division of Criminal Justice Services (DCJS).  "It was awesome."

Pasquini, who recently gave a presentation at the Middle Atlantic States Correctional Association Conference (MASCA) in Albany, New York, commended corrections professionals for their efforts in collecting DNA from qualifying offenders.  These samples that corrections agencies are adding to their states' DNA databases and the national Combined DNA Index System (CODIS), are helping to solve crimes, she said.

"I know from building this program in New York State from the ground up that the foundation for the success of our program [is] the folks that are collecting the DNA," said Pasquini, who started out as Collection Coordinator for the state's DNA Databank.  "It doesn't matter what state you come from.  If your state is touting great success in [its] databank, it's because of the collections that are being done in the correctional facilities and from the probationers and parolees and so on."

In New York, there have been almost 1,500 convicted offender hits since the Databank, which was created in 1996, was expanded in 2000, according to DCJS statistics.  And the number of national hits that have been made against the state's Databank is nearing 300.

"It's a very powerful tool," Pasquini said.  "All states now have DNA laws and all participate at a national level."

Collecting DNA in California 

Like New York, California's DNA database has also been helping to solve criminal cases, especially since Attorney General Bill Lockyer was elected in 1998 and pledged to expand the tool, which was created in 1994. 

"Before then, the state was only making one hit a year; today we're averaging more than one a day," said Hallye Jordan, Lockyer's Press Secretary.  "As of the end of May, we've made more that 1,000 hits, linking offender samples to cases or linking evidence from different cases."

According to Jordan, corrections employees, both at the state and local levels, have contributed to the database's evolution.

"The [CDC] collects samples from offenders committed to state prisons and local law enforcement agencies collect samples from those who are convicted and sentenced to county jails or placed on probation," Jordan said.  "All blood samples are drawn by medically trained personnel, using a collection kit supplied by the [state] Department of Justice's DNA Lab."

Unlike in New York, where an oral swab test is the sole means of obtaining DNA from offenders, California state law requires both a blood and saliva sample from an individual.  In addition, a thumb print and two full palm prints are taken from offenders to confirm their identities and verify that they committed the offenses in question.

Presently, only offenders convicted of certain serious or violent felonies qualify for DNA sampling in California.  And, in New York, the situation is much the same: only those convicted of violent felonies, burglary or attempted burglary, criminal sale or possession of a controlled substance or grand larceny are required to provide a DNA sample, according Pasquini.

In both states, however, there is a push to expand the pool of offenders who are required to provide DNA to the states' databanks.

Arguing for Expansion

"[Lockyer] is co-chairman of an initiative to that would require all convicted felons to submit DNA samples for inclusion in the databank," said Jordan.  "If the initiative to do an all-felon database is enacted by the voters, we believe our DNA databank would grow from the 220,000 [we] now [have] to more than one million.  The more samples to compare, the more crimes can be solved."

And officials in New York are thinking along the same lines.  There, Governor George Pataki has proposed expanding his state's DNA Databank to include all convicted felons.

"34 states now have all felonies as a minimum [qualification for DNA collection]," Pasquini said.  "Hopefully the rest of the states will be following through, including New York State."

Other Uses

While expanding DNA databanks may help to solve more criminal cases, increased DNA sampling can also aid other types of investigations.  In fact, a focus has developed recently on adding DNA samples to both state and the national databanks to help find missing persons and identify human remains.

"The missing persons index and found human remains index just came online within the last year nationally," said Pasquini, who pointed out that during the aftermath of the 9-11 tragedy, 54 percent of the body parts received were identified through DNA.

But, the benefits of DNA databanks extend beyond their ability to link offenders with crimes and incidents that have already occurred, according to Pasquini.  Much of the promise of DNA sampling is lies in the future.

"We have no clue how many crimes we're preventing by getting these guys off the streets earlier," Pasquini said, alluding to one of the elements of a successful DNA databank: its ability to save lives.

Databanks should also aid law enforcement agencies in linking cases, identifying suspects and exonerating the innocent, Pasquini said.  In fact, The Innocence Project at the Benjamin N. Cardozo School of Law in New York City has already helped to exonerate 144 people on death row through post-conviction DNA testing.

Because it's such a useful tool to law enforcement and can serve to protect public safety and innocent people who are accused of crimes, criminal justice professionals like Pasquini are convinced that collecting DNA samples should become an even more commonplace and widespread procedure.

"DNA databanks have been in existence since 1990 [and] we've proven now that the information can be kept confidential and this is a secure system, Pasquini said.  "There's no reason why we shouldn't collect DNA as we do fingerprints."

Resources:

To contact Julie Pasquini, call (518) 457-1901

To contact Hallye Jordan, call (916) 324-5500