BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1079 (Glazer) - DNA evidence: CODIS Hit Outcome Project ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 28, 2016 |Policy Vote: PUB. S. 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 25, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 1079 would establish the CODIS Hit Outcome Project (CHOP) database, to be managed and administered by the Department of Justice (DOJ). This bill would require every city, county, or state laboratory participating in CODIS to enter specified data into the CHOP database, and would require each law enforcement agency responsible for the investigation or prosecution of a case involving a DNA database match to a California offender to report to DOJ the status or outcome of that investigative lead. Fiscal Impact: CHOP administration : One-time minor costs (Special Fund*) to the DOJ to develop the reporting schedule and instructions for DNA laboratories and law enforcement agencies. Ongoing workload to manage and administer the database is estimated to SB 1079 (Glazer) Page 1 of ? be minor and absorbable. Local agency data reporting : Potentially significant one-time and ongoing costs (Local Fund** and/or General Fund), potentially in excess of hundreds of thousands of dollars annually to local law enforcement agencies for data reporting requirements, which are unspecified in the bill. There are currently 482 cities and 58 counties in California. The bill specifies local agencies are to be reimbursed for the costs of reporting, however it is unclear what entity is responsible for reimbursing agencies, and from what fund the reimbursement is to be paid. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of those costs (General Fund). California Highway Patrol (CHP) : Minor, absorbable impact (Special Fund***). CDCR : No fiscal impact, as the DNA samples collected by the CDCR are not tested in-house but sent to DOJ laboratories for processing/testing. *State DNA Identification Fund **County DNA Identification Fund ***Motor Vehicle Account Background: Existing law provides that the DOJ, through its DNA Laboratory, is responsible for the management and administration of the state's DNA and Forensic Identification Database and Data Bank Program and for liaising with the Federal Bureau of Investigation regarding the state's participation in a national or international DNA database and data bank program such as the Combined DNA Index System (CODIS) that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories nationwide. (Penal Code (PC) § 295 (g).) Under existing law, the DOJ DNA Laboratory is required to establish procedures for entering data bank and database information. (PC 298 § (b)(6).) The DOJ Bureau of Forensic Services (BFS) provides DNA typing support to law enforcement agencies throughout the state for the DNA Data Bank. Seventeen local crime laboratories and seven BFS Laboratories or sections are participants in the California DNA Data Bank Program (CAL-DNA) and the National DNA Index System (NDIS) as part of the CODIS. SB 1079 (Glazer) Page 2 of ? According to its most recent quarterly report of the DOJ Proposition 69 DNA Data Bank Program (Fourth Quarter 2015), over 2.5 million DNA samples have been received and logged since the inception of the program, with 29,245 submissions for the most recent quarter (October-December 2015). The report additionally noted nearly 43,000 DNA profiles uploaded to CODIS for the same quarter. Finally, the report indicated over 45,000 hits since inception of the program, leading to over 53,000 investigations aided. ( https://oag.ca.gov/sites/all/files/agweb/pdfs/bfs/quarterlyrpt-q 4-2015.pdf) Pursuant to the implementation provisions of Proposition 69, the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (November 2004), existing law levies an additional penalty of $1 for every $10, or part of $10, in each county upon every fine or penalty imposed and collected by the courts for all criminal offenses, including Vehicle Code violations. (GC 76104.6.) Funds are deposited into each county's DNA Identification Fund, and the counties transfer 25 percent of the amounts collected in the county's DNA Identification Fund each year to the Controller for credit to the state's DNA Identification Fund. The remaining 75 percent of funds collected in a county's DNA Identification Fund are to be used for specified purposes, including to reimburse local sheriff, police, district attorney, and regional or state crime laboratories for expenditures and administrative costs made or incurred in connection with the processing, analysis, tracking, and storage of DNA crime scene samples from cases in which DNA evidence would be useful in identifying or prosecuting suspects, including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA crime scene samples from unsolved cases. In addition to the penalty assessment described above, existing law levies an additional state-only penalty of $4 for every $10, or part of $10, in each county upon every fine or penalty imposed and collected by the courts for all criminal offenses, and funds are similarly deposited into each county's DNA Identification Fund. Existing law requires 100 percent of these SB 1079 (Glazer) Page 3 of ? funds, including any interest earned, to be transferred to the state Controller for deposit into the state's DNA Identification Fund, to be used to fund DOJ forensic laboratories operations, including the operation of the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, and to facilitate compliance with provisions of law limiting the disclosure of DNA data. (GC § 76104.7.) Proposed Law: This bill would establish the CODIS Hit Outcome Project (CHOP) database, to be managed and administered by the DOJ. Specifically, this bill: Establishes definitions for purposes of the project, and defines "CODIS" to mean the California Combined DNA Index System. Provides that the CHOP database is to provide a restricted-access repository for tracking the occurrence and consequences of DNA database hits, such that information with investigatory value may be shared among affected law enforcement agencies and the efficacy of the state's DNA database may be monitored and reported upon by the state. Requires every city, county, or state laboratory in California participating in CODIS to, upon notification by the DOJ that a CODIS hit has occurred, enter into the CHOP database the data specified by the DOJ. Requires each law enforcement agency in the state responsible for the investigation or prosecution of a case involving a DNA database match to a California offender to, on a schedule set forth by the DOJ, and pursuant to instructions published by DOJ, report to DOJ through the CHOP database, the status or outcome of that investigative lead. Provides that a city, county, or city and county shall be reimbursed for the costs of complying with reporting requirements on the status or outcome of such leads. Provides that the CHOP database is to contain records of indexed information related to DNA hits and case-to-case matches, including, but not limited to, the identity of the submitting crime laboratory, the investigating law enforcement agency, a district attorney contact, offender information, investigation status, and resulting criminal charges and conviction information, if any. SB 1079 (Glazer) Page 4 of ? Specifies that the CHOP database shall not contain DNA profiles. Provides that information collected by DOJ pursuant to the CHOP database is investigatory in nature, and shall be deemed official information and subject to the disclosure protections Evidence Code (EC) §§ 1040 and 1041. Provides that nothing in the bill's provisions shall require DOJ or a local law enforcement agency to disclose any information protected under EC § 1040 or 1041, or Section 6254 of the Government Code. Staff Comments: The DOJ has indicated any additional workload generated by the provisions of this bill will be minor and absorbable within existing resources. The DOJ, through its DNA Laboratory currently manages and administers the CHOP database. For FY 2015-16, the DOJ reported an appropriation of $72.3 million of DNA Identification Funds, of which $33.1 million was expended for BFS operations, the CAL-DNA Data Bank Program, and data center and criminal history database operations. The fund condition statement indicates the DNA ID Fund is structurally imbalanced due to declining penalty assessment revenues. Based on the DOJ DNA Database and Data Bank Program Annual DNA Identification Fund Report for CY 2014, the report reflected $22.4 million in total funds collected by the counties, of which $9.2 million was allocated to the state and $13.2 million was allocated to the counties. The report indicated total county expenditures of $13 million for administrative costs, collection of samples, processing, analysis, tracking and storage of DNA crime scene samples, equipment, software and other expenses. By requiring law enforcement agencies to report to DOJ according to a schedule and instructions published by the DOJ, this bill creates a state-mandated local program. To the extent the Commission on State Mandates (CSM) determines the bill creates a new program or a higher level of service on local agencies, counties could claim reimbursement for those costs. Although the bill specifies local agencies shall be reimbursed for the costs of complying with reporting requirements to CHOP, it is not specified by whom the agencies will be reimbursed or from what SB 1079 (Glazer) Page 5 of ? fund source. To the extent the CSM determines the DNA reporting requirements do not constitute a higher level of service on local agencies, funding could potentially be drawn from each county's DNA Identification Fund. It is estimated that all law enforcement entities, both local and state, would be subject to the data reporting requirements of this bill. There are currently 482 cities and 58 counties in the State. While statewide costs cannot be estimated with certainty, given the large number of local agencies and the lack of specificity on the frequency, volume, and detail of the data required to be reported, these activities could result in significant ongoing costs. DOJ monthly reports reflect an average of 640 monthly database hits and 11,000 DNA profiles imported monthly into CODIS. On an annualized basis, over 7,700 hits could require additional reporting. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of those costs (General Fund). For context, the Commission on State Mandates' statewide cost estimate for Crime Statistics Reports for the DOJ reflects eligible reimbursement of over $13.6 million per year for slightly over 50 percent of local agencies reporting. The costs to individual agencies would vary widely and depend on various factors, including but not limited to the volume of hits triggering a reporting requirement, the schedule of reporting, and the time/workload required to fulfill the reporting requirements specified by DOJ instructions that have yet to be developed. While the volume of workload based on the number of hits may not be substantial, the workload required to track the status or outcome of each hit could generate significant workload. To the extent local agencies additionally require system enhancements to track and report the required information, the one-time and ongoing costs for maintenance and operations could also be very significant. Recommended Amendments: As drafted, this bill requires each law enforcement agency responsible for the investigation or prosecution of a case involving a DNA database match to report to the DOJ, however, the disclosure provisions of the bill apply only to DOJ and local law enforcement agencies. As the CHP will also be SB 1079 (Glazer) Page 6 of ? required to report into the CHOP database, staff recommends an amendment to extend the disclosure provisions covering local law enforcement agencies and the DOJ to also include state law enforcement agencies in California. On page 3, in line 33, delete "local" -- END --