DNA Collection Expansion Too Costly, Too Invasive, and Too Distracting

On October 9, 2009, the American Civil Liberties Union of Wisconsin urged state lawmakers to oppose legislation that would expand profiles in the state DNA data bank to include individuals merely arrested, not convicted, on a felony charge. State Senator Sheila Harsdorf (R-River Falls) and State Representative Ann Hraychuck (D-Balsam Lake) are co-sponsors of Senate Bill 336, which has been referred to the Senate Judiciary Committee.

"DNA technology has great ptential for addressing crime," said ACLU of Wisconsin Executive Director Chris Ahmuty, "but we must use it and any developing technology wisely. When police are looking for a needle in a haystack, we shouldn’t be adding more hay to the stack. But that's exactly what SB336 does by collecting and analyzing DNA samples from individuals who have not been convicted of a violent crime."

While it is clear that the Wisconsin State Crime Laboratories’ DNA data bank system needs better management, a dramatic expansion of DNA collection without adequate checks and balances and funding at a time when the State and its counties have serious funding problems is like throwing water on a drowning swimmer.

This proposal allows the state crime laboratories to maintain the DNA profiles of persons who are never charged for as long as a year. During that year the DNA profile is likely to be shared with the federal DNA data bank (CODIS) making it virtually impossible to remove it from state, federal and even international DNA data banks. DNA collection is an invasive search that jeopardizes the constitutional rights of Americans, if it is not done judiciously.

Expanding DNA collection to arrestees has undermined the use of DNA to solve crimes across the nation. In March, the Inspector General at the United State Department of Justice released an audit that found that state laws expanding DNA collection have led to significant delays in DNA analysis. Audits in Illinois and Michigan have similarly found massive backlogs due to increased DNA collection.

And in Milwaukee, recent media reports reveal that the Sheriff David Clarke’s own department failed to collect DNA samples from over 350 convicted felons this year at the County Correctional Facility – South.

Finally, expanding DNA collection will perpetuate, if not increase, the racial disparities that are acknowledged to exist in Wisconsin’s criminal justice system. When a disproportionate number of minorities are arrested, they will create unwarranted racial disparities in the DNA data bank, making them permanent suspects who need to be investigated, while white perpetrators may not even be in the data bank.

The ACLU of Wisconsin urges legislators to re-direct their efforts to improve the state’s DNA data bank system by mandating regular audits, improving the expungement process, and concentrating on eliminating existing backlogs. Legislators should not adopt a more is always better approach when it undermines constitutional rights, without improving pubic safety in a fiscally responsible way.

To read more about this issue, see the article quoting the ACLU in the Leader-Telegram, the Wisconsin State Journal, and a critical opinion piece from a Milwaukee Journal Sentinel writer who makes the case that our criminal justice system cannot handle the DNA collection now, let alone collecting from the thousands of people who are arrested each year. There were also ACLU quotes in the Oshkosh Northwestern and an editorial from that paper that questions the reactionary bill. An editorial was also printed in the Milwaukee Journal Sentinel.

One in 100 Americans is behind bars, legislators spar over photo ID and more

News tidbits for today...

Criminal Justice
New York Times highlights a report that says that one in 100 Americans is behind bars.

Domestic Spying
FBI Chief confirms misuse of National Security Letters to search Americans' personal records. War on Terror politicians keep saying that Homeland Security needs greater powers to search for terrorists. But the abuse of power and the lack of transparency (even through judicial checks) is not about terrorism but about violating our privacy. Read the Washington Post article for details and a nod to the ACLU. Or find it on Truthout.

Confused by some of the legaleese that gets expressed during debates about the War on Terror? What does "material support" mean anyway? Eric Urmansky tries to stort out counterterrorism investigations and how even thin associations with or an expression of sympathy for controversial groups can be like committing a "pre-crime." Read on for a nod to the ACLU.

Voting Rights
Legislators sparred today over a proposed constitutional amendment on photo id at the polls. Senator Fitzgerald says that criminal activity at the polls needs to be addressed. If he is talking about the "crime" of felons who vote while they are still on paper (like Elizabeth Prude did in 2004), he should sign on in support of passing AB 390 to clean up our statewide voter list and restore the vote to those who are no longer behind bars. You can watch the whole press conference on WiscEye (you might find it under Recently Archived Video) or check out the WKOW coverage. This conflict is mostly over the end of last Thursday's Senate floor session when an effort to pull AB 645 to a floor vote was nixed by a a quick end to the session by Democratic leadership. The attempts to pull the bill continued today but without adequate support.

Public Schools
Update on the school board zoning decision.

School boundaries, 17-year old voters, prisons for sale and more

News tidbits for today...

Parents gear up for school boundary decision at tonight's school board meeting
The article in the State Journal on what's at stake; Channel 3000 report including video on school boundary issue. The ACLU does work nationally to work for the desegregation of public schools and has more information on its website on why integration based on race and income is still a relevant fight.

Local student comments on 17-year old primary voters
In his letter to the editor, a local student comments on why he thinks he should be able to participate in a primary if he will turn 18 by election day. He refers to Senate Bill 6 which hasn't seen political success.

Prisons for sale
An interesting editorial from the Eau Claire/Chippewa Valley Leader-Telegram on the expense of prisons.

If leave policy doesn't define marriage, can same-sex couples share the right?
Sheboygan couple files grievance over paid leave loophole for same-sex couple's marriage.

Editorial calls for action on racial disparity
Appleton/Fox Cities editorial on racial disparity and the war on drugs, refers to Governor's commission.

Rep. Ryan introduces fingerprint database for employers as alternative to national ID
Don't like Real ID? How about providing your fingerprint to get a job? Rep. Ryan's New Employee Verification Act proposal doesn't require a national ID, but still relies on databases and fingerprinting to get employers to hire only documented workers. Also highlights his support of the CLEAR Act.

News of the weird? Rock County woman jailed for overdue books
Article shows how the library patron's neglect and the library's issuance of several overdue notices leads to citations and court dates. However, as pointed out in last week's Isthmus, getting a friend or family member out of jail can be expensive. Dane County uses a service called GovPay (PDF) to process credit cards used for bail money. Fees for using credit cards for bail can be an average of 8-10% of the bail price. Another example of how the criminal justice system is stacked against the poor.