Number 2302 SB 201-DNA TESTING & REGISTRATION DEPUTY COMMISSIONER DEL SMITH, Department of Public Safety, said the State has been collecting DNA samples since 1996 from people convicted of person crimes and the samples have been stored at the crime lab. The lab processes the samples and creates files that can be uploaded to the national system so they can be checked against known samples from crime scenes. DEPUTY COMMISSIONER SMITH said SB 201 will add felony burglary to the list of people who will be required to give a DNA sample. Burglaries are included because the review of national statistics indicates that 52% of the people convicted or arrested on person crimes have been convicted of burglaries previously. Having DNA samples from convicted individuals will help solve crimes sooner. DEPUTY COMMISSIONER SMITH noted that SB 201 also allows for a parole officer, peace officer or probation officer to take a DNA sample. Blood samples have been used in the past and SB 201 allows for the use of a swab to take saliva from an individual. This will be more efficient and less intrusive and a sample can be taken without undue discomfort or inconvenience. Deputy Commissioner Smith said there is also a section in SB 201 that enables the sample to be removed from the data base if the person is found not guilty. Tape 00-21, Side B Number 2329 MR. ROBERT BUTTCANE, Juvenile Probation Officer with the Division of Juvenile Justice for the Department of Health and Social Services (DHSS), said DHSS supports SB 201. SB 201 will give the system an opportunity to solve more crimes and hold people accountable. Technology has advanced so that DNA samples can now be collected with a mouth swab rather than drawing blood. SB 201 allows youth counselors, probation officers and correctional officers to require a person convicted of one of the applicable offenses to submit to a DNA sampling. Failure to do so will subject them to a violation of law under title 11. Once the sample has been taken it is catalogued and put into a state registry, which is limited to law enforcement use only. MS. CANDACE BROWER, Department of Corrections (DOC), said DOC supports SB 201. For the past five years, the medical staff of correctional facilities have been responsible for the collection of DNA samples and DOC is glad there will be an expansion of who can collect samples. Number 2130 CHAIRMAN TAYLOR said he was concerned that a DNA sample can be easily tainted. MS. LEANN STRICKLAND, supervisor of the DNA section at the laboratory, commented that 13 different genetic loci are looked at when analyzing samples and if there is some type of contamination it will be seen in the analysis. If a contamination is seen, another sample will be asked for or the sample will be retested. CHAIRMAN TAYLOR asked how it will be known that a sample is tainted. MS. STRICKLAND said each individual can have two alternate forms of any of the loci and if more than two forms of any given gene appear in the data analysis the sample itself would be questioned. It is very rare for an individual to have more than two alternate forms at any one locus or any one gene type. People working in the lab will be able to look at the DNA typing evidence to determine if there are low levels of another contributor or something in the sample that does not fit the pattern of a single source sample. CHAIRMAN TAYLOR noted the Alaska Civil Liberties Union (ACLU) has filed a paper in opposition to SB 201. Number 2029 CHAIRMAN TAYLOR wondered about the retro activity provision in SB 201 going back to 1996. DEPUTY COMMISSIONER SMITH replied that 1996 is when the original data base was started and because the bill applies to offenses occurring on or after January 1, 1996, the retroactive provision was felt to be logical. MR. GEORGE TAFT added that the labs are only looking at the 13 loci for a persons identification and not for medical maladies of the person. The labs are not able to tell a persons medical history from the loci. CHAIRMAN TAYLOR said one of the questions raised by the ACLU was whether or not the 13 loci will indicate the racial makeup of the individual. MS. STRICKLAND responded no. The profile will not indicate the racial group the person is from but it will give an indication as to which racial group from that particular profile will be expected to be most common and which particular racial group is expected to be most rare. The profile itself will not identify the race of the individual. Number 1923 CHAIRMAN TAYLOR asked if there is a national standard for testing or a national verification system that is used. MS. STRICKLAND said the laboratory where she works is an accredited laboratory and they follow the DAB standards. DAB is the DNA Advisory Board that has set forth the standards for forensic DNA testing labs. These standards set forth quality assurance that must be met in confirming analysis of forensic samples. These standards also pertain to the convicted offender samples. CHAIRMAN TAYLOR asked what agency audits them. MS. STRICKLAND said her laboratory has been accredited by the American Society of Crime Laboratory Directors (ASCLD). The DAB standards are used by auditors as well as the ASCLD standard. The DAB has been signed off by the Director of the FBI. CHAIRMAN TAYLOR asked what is used to make certain that the system is accountable and renders accurate results. MR. TAFT responded that the lab is tested and accredited and the people working in the lab are proficiency tested. There is also a yearly inspection by people from outside the laboratory. Number 1681 MS. LAURIE HUGONAN, Executive Director for the Alaska Network on Domestic Violence and Sexual Assault, said the Network supports SB 201. The Network is interested in making as many DNA samples available as possible, so when there is a sexual assault crime the samples will be run for comparisons as soon as possible. This will help in finding the guilty person and it will increase the likelihood of DNA matches being found.