Lawfully Owed DNA Project
In 1990, Washington State began requiring individuals convicted of certain violent offenses to submit DNA samples to the convicted offender databank. The purpose of the law is to populate the databank with DNA profiles that can help solve crimes. This requirement has expanded over the years and, since 2002, all registered sex offenders (RSOs), all felony offenders, and persons convicted of certain gross misdemeanors are required to provide DNA samples (RCW 43.43.754).
Unfortunately, required collection of samples has not always occurred and our preliminary data showed that tens of thousands of convicted offenders in our state never provided a sample for the Combined DNA Index System (CODIS).
To help address this issue, our office applied for and was awarded a grant of federal funds from the United States Department of Justice. Our office has partnered with the Washington State Patrol Crime Lab as well as the Washington State Department of Corrections (DOC) to identify and collect DNA samples from individuals who owe a sample.
We have undertaken a 3 phase process. In Phase 1, we collected owed DNA from prison inmates and offenders on active DOC supervision. In Phase 2, we collected owed DNA from RSOs. We are currently in Phase 3, which entails locating people in the community who owe a DNA sample for convictions other than those identified in phases 1 and 2. This is by far the largest category of people who lawfully owe a sample. We have and continue to contact persons who owe a DNA sample to request that they go into local law enforcement agencies to provide one.
Comparison of DNA profiles is a powerful tool in solving violent crimes such as rape and murder. The absence of DNA profiles from offenders who should be in CODIS lessens our ability to solve crimes, bring justice for victims, and hold violent offenders accountable.
Before 2023, Washington had no uniform process for the timely collection of DNA from offenders who owed samples. In July 2023, a new law took effect to improve the process. House Bill 1028 directs courts to create time-sensitive protocols for collecting DNA upon sentencing. It originated from a recommendation from the Attorney General’s Office Sexual Assault Forensic Examination (SAFE) Advisory Group.
Specifically, courts must implement a sample collection system that includes scheduling a compliance hearing within 10 days if DNA is not collected at the time of sentencing. This ensures samples are collected in a timely manner.
We sent a survey to all court systems after the law took effect asking them to confirm that they have implemented protocols.
We heard from 11 of Washington’s 39 counties that they have implemented protocols. We are in the process of following up with the others.
It is our hope that all Washington courts have instituted measures necessary to comply with HB 2081, but the following Superior courts have not yet responded to a survey distributed by the Attorney General seeking confirmation that each court has instituted required measures:
Adams, Asotin, Benton, Chelan, Clallam, Clark, Columbia, Cowlitz, Douglas, Franklin, Garfield, Grant, Grays Harbor, Island, King, Kittitas, Lewis, Lincoln, Mason, Okanogan, Pacific, San Juan, Thurston, Wahkiakum, Walla Walla, Whatcom, Whitman, Yakima.