Probation departments finding DNA collection difficult

By MARK JOHNSON

ALBANY, N.Y. -- Probation departments around New York say they lack the time and money to collect DNA samples from a widening pool of offenders, data that supporters say could solve some crimes and keep career criminals from striking again.

Frustrated by his failure to get the Democrat-led Assembly to pass a law expanding the DNA databank, Gov. George Pataki in December issued an executive order requiring additional DNA samples be collected from all convicts offered parole, probation, plea bargain or a temporary release program.

Before, samples were collected only from those convicted of certain violent felonies or drug offenses.

The order didn't expand the list of crimes eligible for DNA testing.

Since Pataki's order took effect, the state has added 5,246 samples to the databank, said Chauncey Parker, director of the state Division of Criminal Justice Services. Most were required as a term of parole.

The New York City Department of Probation, which now oversees about 31,500 probationers, is "developing a plan to collect DNA from defendants who have agreed to provide samples under plea agreements" but has not started doing so yet, said spokesman Jack Ryan.

Pataki also wants to collect DNA samples from those already on probation for felonies and misdemeanors. That would require officials to go to court to persuade a judge to expand the conditions of probation for up to 120,000 people statewide, creating a logistical nightmare for cash-strapped probation departments and already crowded courts, county probation officials said.

"Everybody is running into the same issues," said Robert Sudlow, director of the Ulster County Probation Department. "The numbers for us are difficult to get our arms around."

"I understand the need for it, but resource-wise it's becoming an issue," he said. "Every year, funding for the probation system is reduced, but our duties grow."

Michael Benvenuto, director of the Columbia County Probation Department, said his agency recently started collecting samples from people going on probation, but not from those already on probation.

"It's difficult for us to initiate this for current probationers," he said. "We're not talking about just collection, but also going back into the courts. It involves every court in a county. You can imagine the difficulties."

While Parker conceded there have been some bumps in the road in carrying out the governor's order, overall, he said the collections are "progressing well."

"It will take some time to implement any kind of new initiative" he said. "It would be much easier if it was the law. ... This is the most important thing we can do to reduce crime in this state."

The governor has proposed $1 million more in this year's budget for the additional collections, Parker said.

More than half of the people convicted of felonies in New York state aren't required under the law to provide DNA samples for the database, which includes the profiles of more than 150,000 people.

The state first established the databank in 1996 for 20 felony crimes. It was expanded to include other crimes in 1999 and 2004.

Separately, the state Commission of Investigation issued a report Monday recommending the state expand the databank to include everyone convicted of a felony or misdemeanor, saying the "benefits to society that are gained by obtaining a DNA sample from a convicted criminal clearly outweigh the infringement upon the criminal's constitutional rights."

Ryan said his department supports Pataki's push for a law that requires all criminals to submit DNA samples. That would provide a "complete solution," he said.