By Kiara Doyal, The Seattle Medium
Last week, Washington State Attorney General Bob Ferguson announced that more than 2,600 serious criminal offenders provided their DNA to law enforcement after previously failing to do so, as required by law. The samples collected by the state are now part of a national DNA database that is used in identifying perpetrators of unsolved violent crimes like rapes and murders.
In the State of Washington, state law requires offenders convicted of sex offenses and serious violent crimes to provide their DNA as a term of their conviction. The samples that are collected from across the state are added to the national Combined DNA Index System (CODIS), which investigators and prosecutors can use to solve serious crimes and bring justice to the victims.
According to the Attorney General’s Office (AGO), all DNA collected at crime scenes is tested by the state’s Crime Lab and then checked against the national database. When the DNA returns as a match, this helps law enforcement agencies identify serial rapists, link cases across the country, and provide answers to crime victims and their families on cold cases.
Aside from helping law enforcement identify criminals, DNA evidence can also exonerate individuals who were wrongfully convicted.
“In order to deliver justice for crime victims and improve public safety for all Washingtonians, we must ensure that serious offenders provide their DNA as required by law,” Ferguson said. “We are partnering with law enforcement to close this gap in DNA collection, resulting in evidence that can be used to solve future crimes. This project proves that by working together, we can address major challenges. This work makes Washington safer.”
In October 2019, Ferguson launched the lawfully owed DNA project in partnership with the U.S. Department of Justice and local law enforcement. Since the project was first launched, 2,681 DNA samples from offenders have resulted in 97 “hits.” However, the AGO estimates that there are thousands of violent offenders who live in Washington without an obligation to provide their DNA.
In addition to collecting samples from registered sex offenders, offenders under the supervision of the state Department of Corrections, kidnapping, and homicide offenses, the AGO is also working to collect samples from offenders convicted of a variety of violent and felony offenses, including assault and robbery.
Prior to 2023, Washington did not have a uniform process for the timely collection of DNA from offenders who owed samples. However, a new law, HB 1028, which took effect in July of 2023, directs courts to create time-sensitive protocols for collecting DNA upon sentencing.
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 to ensure that samples are being collected in a timely manner. Despite the fact, the thousands of samples that were previously ordered and are still owed, are not addressed by the new law.
While the effort to gather DNA from some offenders has been successful, the multi-step process used by the AGO to gather the samples is rather lengthy.
First, investigators with the office’s Sexual Assault Kit Initiative (SAKI) use data from the Department of Corrections and Washington State Patrol to identify offenders who owe DNA. Attorney General investigators confirm which offenders already have a DNA profile in CODIS and analyze offenders’ conviction histories to confirm that they still owe DNA.
Then, investigators use numerous databases to confirm that the offender is still located in the state and find the last known contact information. Investigators then send letters to offenders asking them to report to local law enforcement to provide a sample, informing them that refusing a legal request to provide a DNA sample is a violation of state law. Attorney General staff conduct direct outreach and work with local law enforcement to contact individuals who do not respond to the letters.
In April 2017, Attorney General Ferguson launched the Sexual Assault Kit Initiative (SAKI) in Washington state to address the backlog of untested sexual assault kits. By October 2023, over 10,000 kits were processed, significantly aiding in resolving longstanding cases. The initiative expanded in 2019 to include a DNA project in partnership with local law enforcement to collect DNA samples for the CODIS database and provide funding for genetic genealogy testing. This enhanced approach led to several breakthroughs in cold cases, including the conviction of Paul Bieker for a 2003 sexual assault and the identification of Kenneth Downing as the perpetrator in multiple rapes between 2003 and 2004. Additionally, genetic genealogy helped link Douglas Keith Krohn to a 1995 murder, though he had passed away in 2016.
This year, the State Legislature approved Ferguson’s request for $801,000 in the state budget to make his SAKI permanent. The grant funding from the U.S. Department of Justice is set to end in September, but the new funds ensure the unit can continue improving Washington’s response to sexual assault crimes.
The permanent SAKI Unit will use available data to track sexual assault cases and identify serial sex offenders, offer broader assistance to local law enforcement on sexually motivated cold cases, continue assisting with sexual assault kit testing and collection of DNA from offenders who owe samples as part of their convictions, assist local law enforcement with forensic genetic genealogy testing, training, and resources, and, more generally speaking, leverage years of experience and expertise working with various labs and the FBI to remove barriers for local agencies looking to solve more crimes and bring justice to more victims.
