The new law requiring convicted felons to submit DNA samples is
keeping probation officers busy researching the criminal histories
of about 1,000 local probationers in an attempt to track down
anyone involved in an unsolved crime.
Hollister – The new law requiring convicted felons to submit DNA samples is keeping probation officers busy researching the criminal histories of about 1,000 local probationers in an attempt to track down anyone involved in an unsolved crime.
Proposition 69, approved by voters last November, requires law enforcement officials to collect DNA samples from all adults and juveniles convicted of a felony, or anyone convicted of a crime with a prior felony conviction, in order to create a statewide database that can be used to fight crime.
However, because anyone with a prior felony conviction must submit a DNA sample – taken from a mouth swab – San Benito County probation officers are working overtime researching the approximately 1,000 current probationers’ prior criminal history in an attempt to track down anyone who may have committed a crime police have yet to solve.
“What’s important is to research all the cases,” said Assistant Chief Probation Officer Christine Armer. “Some have juvenile felonies out of state or out of county, and these are the ones we want to catch who might be connected to violent crimes somewhere. You never know what person could lead back to a violent crime somewhere or a victim living in fear somewhere.”
Armer said very few probationers have been thoroughly researched and it will take at least a full year to go through them all.
While the new law hasn’t caused much of a financial strain on the county, Armer said the probation department and the San Benito County Jail do accrue minimal expenses in officers’ overtime pay and postage to send the samples to the Department of Justice in Sacramento. However, to pay for the costs the law increased every fine or penalty levied on a criminal offense, with the exception of parking offenses, by $1 for every $10, Armer said.
Any law enforcement agency affected by the law can apply to be reimbursed for accrued costs through the DNA Identification Fund, which the Board of Supervisors is responsible for setting up.
Armer said the department has yet to approach the board about the fund, and Supervisor Reb Monaco said he hadn’t even heard about the board’s responsibility in setting it up.
“I’m not sure how we go about that process,” Monaco said, “but I’m sure we will do it.”
While the logistics of complying with the new law have had a greater effect on large counties such as Los Angeles or Santa Clara because more staff is needed to process all the samples, San Benito County won’t be hit too hard until 2009, according to Jail Commander Sgt. Edward Escamilla.
At that time, any adult arrested or charged with a felony will be required to submit a DNA sample. Currently, between 400 to 500 people are charged with a felony in the county annually, and by 2009 that number is expected to jump to 600 or 700 because of population growth, according to the District Attorney’s Office.
Escamilla said he offered to assist the probation department in the fingerprinting portion of the DNA law because the jail already has the necessary fingerprinting equipment and it’s important for county agencies to assist one another due to strained resources. He estimated the correctional officer in charge fingerprints about 18 people a week and said the entire process only takes a few minutes.
Currently, because the law’s implementation is in the beginning stages, Escamilla said some departments are feeling overloaded, but it will be well worth it in the long run.
“People are starting to get overwhelmed,” Escamilla said. “But, as the years progress, a habitual criminal will get a DNA sampling and it will always be there, so that’s one less sample we’ll have to get later on down the road. I think it’s great. We’ll be able to solve some unsolved crimes because we’ll be able to get matches.”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
