AUGUSTA, Maine — The Criminal Justice and Public Safety Committee has split on controversial legislation that would expand the taking of DNA samples from people charged with major violent crimes, even while Gov. Paul LePage’s administration opposes the proposal because of its cost.
“This is a baby step,” said Rep. Maeghan Maloney, D-Augusta, the bill’s sponsor. “The minority report [last year] was to collect the sample after finding probable cause. The baby step we are suggesting is to collect the sample after indictment, which is after finding probable cause.”
The controversy over the bill last year led to it being carried over to this session. The original bill would have mandated the collection of DNA samples from anyone charged with a violent felony crime but would not allow the processing of those samples until probable cause had been found by a judge or a grand jury. It also would have the DNA sample processed if someone skipped bail.
“My concerns are still money,” said Public Safety Commissioner John Morris. “Who is going to pay for it? As I testified last year, the intention of this is wonderful, but if you ask me to put this in the list of unfunded items, this would not be at the top of the list.”
He said there are several areas of need at the agency and increased resources for the computer crime lab certainly would have a higher priority than the DNA sampling bill.
Lt. William Harwood, director of the crime lab, estimated the amended measure would cost $300,000 a year and require more staff and equipment.
“We just do not have the infrastructure in place,” he said. “Since the committee was last in session, we have had our grants go down and we may have to make additional cuts in staff.”
Harwood said the lab is processing nearly 2,000 DNA samples a year from those convicted of a crime and they are having difficulty keeping current because of other demands on lab staff. He said some samples are sent to contract labs now because of the heavy workload.
Sen. Garrett Mason, R-Livermore Falls, Senate co-chairman of the panel, supports the bill. He suggested the funding question is up to the Appropriations Committee that referred the bill back to the Criminal Justice Committee when it could not find the funding for the measure.
“They expressed some support for this bill, and if they can fund it, we should do this,” he said.
Morris said if the Appropriations Committee does fund the measure, then his agency will implement the changes, but again stressed it is not a priority for the department.
“I can support this and let Appropriations deal with the cost,” said Rep. David Burns, R-Whiting. He supported the broader proposal that failed to find funding last year.
Rep. Anne Haskell, D-Portland, said she could not support processing the DNA samples without a determination of probable cause. She is worried about the constitutional implications of forcing a person to do something without at least probable cause they have committed a crime.
Sen. Stan Gerzofsky, D-Brunswick, opposed the bill last year and is still concerned about the cost, given the other budget problems the state faces.
Shenna Bellows, executive director of the American Civil Liberties Union of Maine, opposed the legislation last year and made it clear any testing before a criminal conviction would be opposed by that organization.
“In our criminal justice system, everyone is innocent until proven guilty,” she said in an interview. “DNA is our most personal information about us and for the DNA to be collected and stored in the database, there needs to be a very good reason. It should be limited to those that have been found guilty.”
The committee members have until the close of business Monday to sign the committee report. It is not clear whether the bill will have majority support, but in any case, the issue then will move to the full Legislature for consideration.
If someone is indited of a violent felony crime they shouldn’t be out walking around.
An indictment is much easier to get than a conviction. In fact, there’s a rather threshold to be met.
A version of this is run by the District Attorney’s office in Orange County California. They offer a “free pass” so to speak to low level offenders in exchange for a sample of their DNA. The DNA is then put in to a database that is completely separate from the normal state and federal databases. They have had some success matching the DNA in their database to unsolved cases, but many have issues with the program. They have their own crime lab to process the DNA. Maine may want to look at how that program is run and the issues/costs associated with it. There are definitely some Constitutional concerns, but the program seems to be holding up against scrutiny, at least in CA.
A quick DNA “hit” can save the state massive amounts of money and resources; the higher profile the case, the more we save sooner. But the BEST reason for a DNA data bank on known violent criminals is the possibility of getting the bad guys back off the street sooner. Given the propensity of the courts for letting these people go, or allowing them to plead down, you could make the argument that we would very possibly be saving our own lives.
If the courts let the people “go,” then the people are not guilty. Therefore, there is no reason to have that person’s DNA profile stored. Otherwise, why not require everyone to have a DNA profile done?
Perhaps the party of “less government” will propose cataloging the DNA of all citizens next.
For our own good you know.
already happening slowly but surely . I was made aware of this as a victim . When I tell people they all say that aitn right- but it is happening – there is no such thing as a data based for felons or violent felons it one big data base for any and everyone that have provided the police with a sample or for which the police have sampled and found as of yet unmatched dna.
Say you hitch a ride, go into a store, someones house and leave a trace of DNA and later a crime happens there and they collect DNA – well now tell us why your not guilty, where were you, why werte you there
If storing DNA saves just one life its worth it. I have nothing to hide, they can store my fingerprints and DNA, who knows, God forbid, if I was a missing person this could become helpful.
When my children were small, police at a community event did a DNA collection kit. It included a small video of them, hair, fingerprints and a swab in an envelope. I still have my children’s kit. Now, its more of a keepsake, as they have outgrown it. I am so thankful we have never had to use it.
Welcome to the Brave New World where the party of “less government” begins to catalog all citizens “for our own good”.
You have no idea what you are talking about, do you? Why don’t you go back and read the article?
Yo brilliant one:
My comment was in reply to a prior comment and reflected what was said there, not in the article.
Do try to keep up.
you wont say that when the police and courts use your samples to “prove” you guilty.
It can happen in an instant. May never happen but it can
ps – remember those that said – well im not a jew, a gay, a dissenter, a christian etc i have nothing to hide
The hacks are at it again.
Where is the volunteer civilian police review board with subpoena
power? see http://www.city.pittsburgh.pa.us/cprb/
When it comes to taking a bite out of the crime I suggest all people
working in the criminal justice system give up their DNA where
a 3rd party vendor maintains its security,eh?
Who has the ability and know how on the ways to cover up a crime?
Yea Law Enforcement.
To view a website with the arrest records of over 1,000 cops arrested for rape and pedophilia
visit http://www.copwatch.net/forums/ You have to register for free before you can visit their forums where the documents are kept.
To watch the documentary interviewing FBI agents who blackmailed politicians and politicians who have been blackmailed by FBI agents see this link and click on picture of Walter Mondale
that says blackmailing presidents http://wn.com/Anthony_Summers
Beware of the snoke screen – the state police are building a dna data base for all citizens , if you are the victim of a crime and give them a sample you are put into the same database as felons.
The police try all kinds of tenuous ways to get people to give them a sample- we need your dna to rule you out- which makes no sense as the victim – you still have to find dna from someone in the data base . DNA can be misused as much as it can help
For years they have taken fingerprints if you are arrested for pretty minor offenses. I have expected that they would take DNA for some time now. I am shocked they haven’t thought of this well before now. Especially since it often takes years or even decades to find a serial killer or murder, even when they have a DNA sample. I do believe they will be taking DNA with fingerprints with simple OUI, ect…. Just like they fingerprint.
That said, they may abuse it, they abuse every other power they have. If the police knocked on your door, would you open it for them? I would never go to the door unless I had a video camera running, especially if I was alone. Once, you let any badge in, you cannot defend yourself, because you cannot assault an officer. That is an assault on an officer, obviously. Its his or her word against yours. Anyone else you let into your home its considered self defense.
If this is going cost 300, per year. Isn’t this still cheaper then spending time and energy looking for someone? Look at how many cases and you will know who did it. Look at how many violent criminals are walking the streets. and this would stop serial killers. You would know right away who did it. You would be saving lives. I think it’s time we stop protecting these violent criminals and time to protect the citizens.
“Rep. Anne Haskell, D-Portland, said she could not support processing the DNA samples without a determination of probable cause. She is worried about the constitutional implications of forcing a person to do something without at least probable cause they have committed a crime.”??????????
Obviously, Rep Haskell doesn’t have the slightest idea about the definition of “probable cause”.
Ms. Haskell, please learn a few things about our criminal justice system before going on the record again.
While I’m not opposed to doing this…Maine can’t afford it. Keep people warm, fed and with health care first.
They ought to set up a program at one of the states colleges and use cheap grad student labor ie free.
The bill provides funds to pay for the collection of DNA samples for the state DNA data base by requiring an additional assessment on all criminal and motor vehicle violation fines equal to 7% of the amount of the fines, to be deposited into the State DNA Data Base Fund established by this
bill and administered by the Department of Public Safety.
Another tax, excuse me “surcharge” to be levied by the state on all fines including traffic summonses. Your speeding ticket just went up another 7%.