The Wisconsin Department of Corrections is missing thousands of DNA samples from convicted sex offenders, used to help identify suspects in crimes around the state.
The state requires sex offenders to provide a DNA sample when they are released, however during a September 2009 Justice Department audit, Attorney General J. B. Van Hollen informed the public there may be as many as 12,000 convicted offenders who have failed to provide samples for the office’s databank, according to a DNA Task Force report.
The audit also acknowledged problem areas surrounding the collection of DNA samples, including a lack of communication between agencies involved in the process of collecting DNA samples and a lack of formalized protocols.
The DOC then generated a list of offenders who did not have DNA samples on file, said Charles Cole, a DOC administrator, and the list indicated a total of 17,000 samples had not been collected.
Since 2009, the DOC has collected DNA samples from 7800 offenders, Cole said.
Cole added as of Nov. 4, 44 percent of identified offenders’ DNA samples have been collected.
To go about collecting DNA samples, the DOC has sent out letters to offenders with current addresses instructing them to go to their local jail to provide a DNA sample.
“Over 50 percent of those individuals who have been sent notices to provide a DNA sample have complied,” Cole said. “For those who fail to comply with the first notice, we are working towards a second step.”
This second step will likely involve sending a second letter to the offenders, and if they fail to comply once again, their cases will be referred to a prosecutor, Cole said.
According to the DNA Task Force report, a person who intentionally does not comply with the request to provide a DNA sample is guilty of a misdemeanor.
When an offender does not have a DNA sample on file, it hinders law enforcement from solving crimes efficiently, said Joel DeSpain, a spokesperson for the Madison Police Department.
“If we get a crime scene when we have forensics that involves a DNA sample that should be in the crime lab and it’s not there, there is a chance we might not catch the criminal,” DeSpain said.
The police are only able to identify these people when they have a DNA sample on file, and when there is not an available sample, it makes it more difficult, DeSpain added.
Before the DOJ conducted its audit, the sheriff offices were primarily responsible for collecting DNA samples from offenders.
In light of the missing samples, the state decided to implement a new policy, going into effect in March, which will have the DNA samples collected by the Division of Community Corrections, Cole said.
The new policy includes an updated model policy to be used in sheriff’s offices. Sheriff offices still have a role in collecting DNA samples from offenders who do not come under the supervision of the DOC, Cole added.
“What we have been able to do [with this new policy] is streamline the whole process and verify the DNA samples have been received by the state crime lab to address the issue and prevent it from happening again,” Cole said.
