Eligible offender samples are missing in CODIS: A statewide approach to performing a lawfully owed DNA census

Abstract

In 2019, the Texas Department of Public Safety (TXDPS) Texas Ranger Division (TRD) identified approximately 3300 registered sex offenders (RSOs) from whom a “lawfully owed” DNA sample was missing from the Federal Bureau of Investigation's Combined DNA Index System (CODIS). Lawfully owed DNA (LODNA) is defined as a DNA sample from a qualifying offender who should have had their sample entered into CODIS, but for unknown reasons did not. As a result of those findings, TXDPS then applied for and was awarded a grant from the Bureau of Justice Assistance's Sexual Assault Kit Initiative to collect DNA specimens from these RSOs, and to perform a statewide LODNA census. TXDPS TRD sought to determine: Are the missed DNA collection problems limited to RSO's or are they occurring among individuals with a qualifying arrest or conviction as specified by state law too? What processes are used to identify individuals who are eligible for DNA sample collection? How is an individuals' DNA collection eligibility conveyed to external agencies? The findings from TXDPS' LODNA census, identified 43,245 individuals who were likely eligible for DNA collection between 1995 and 2020, therefore indicating statewide DNA collection issues. Over 4 years, collection efforts pertaining to the aforementioned lawfully owed census, have yielded 5183 LODNA sample collections, and 276 CODIS hits. This manuscript aims to create an awareness within other agencies of the importance of implementing best practices to ensure the collection and upload of LODNA from every eligible individual.