Other LanguagesWork is part of Ferguson’s Survivor Justice Unit
SEATTLE — Attorney General Bob Ferguson announced today that his lawfully owed DNA project has helped law enforcement collect and log 3,000 DNA profiles of serious criminal offenders to the national database. State law requires many offenders to provide DNA samples as a condition of their conviction, but over the years thousands of serious violent and sexual offenders have neglected to do so.
Ferguson’s lawfully owed DNA project has helped close the gap in DNA collection since it launched in October 2019. The samples collected and added to the national DNA database over the past five years are critical to identifying perpetrators of unsolved rapes, murders and other violent crimes — here in Washington and across the country.
Of the new profiles added, 105 of the samples led to a “hit,” or a match between the DNA provided and the evidence already on file with the national Combined DNA Index System (CODIS). These hits in the national DNA database can help identify serial rapists, link cases across the country, shed new light on cold cases and provide answers to crime victims and their families. DNA evidence can also exonerate individuals who were wrongfully convicted.
“We must ensure that every serious offender who legally owes a DNA sample provides one,” Ferguson said. “Closing the gap in DNA collection, with the help of local law enforcement, has resulted in more evidence that will help us solve more crimes and improve public safety. This work makes Washington safer.”
The Attorney General’s Office estimates thousands of violent offenders are living in Washington with an obligation to provide their DNA. This estimate is based on initial data from the Department of Corrections, followed by an extensive verification process designed to identify and locate offenders who still owe a sample. Ferguson’s lawfully owed DNA project aims to stop these offenders from slipping through the system.
Ferguson’s office started by collecting samples from currently registered sex offenders and offenders under the supervision of the state Department of Corrections, including those who are incarcerated and in community custody. Then, the office collected DNA from offenders convicted of sex, kidnapping and homicide offenses.
Now, the Attorney General’s Office is working to collect samples from offenders convicted of a variety of violent and felony offenses, including assault and robbery.
Washington law requires certain offenders to submit DNA samples
Every state requires that individuals convicted of certain crimes — including violent crimes and sex offenses, among others — must have a DNA sample taken to be submitted to CODIS. Jails, correctional facilities and local law enforcement agencies are responsible for collecting the samples and submitting them to the Washington State Patrol Crim Lab, which enters them into CODIS.
In July 2023, a new law took effect to improve the process for timely collection of DNA from offenders who owed samples. Before that, no uniform process existed. House Bill 1028 directs courts to create time-sensitive protocols for collecting DNA upon sentencing. It originated from a recommendation from the Attorney General’s Office Sexual Assault Forensic Examination (SAFE) Advisory Group.
Specifically, courts must implement a sample collection system that includes scheduling a compliance hearing within 10 days if DNA is not collected at the time of sentencing. The new law does not address thousands of samples that were previously ordered and are still owed.
Attorney General’s Office multistep process for collecting DNA
The Attorney General’s Office uses a lengthy, multistep investigative process to locate offenders who still owe DNA.
First, investigators with the office’s Survivor Justice Unit (SJU) — formerly Sexual Assault Kit Initiative — use data from the Department of Corrections and Washington State Patrol to identify offenders who owe DNA. Attorney General investigators confirm which offenders already have a DNA profile in CODIS and analyze offenders’ conviction histories to confirm that they still owe DNA.
Then, investigators use numerous databases to confirm that the offender is still located in the state and find the last known contact information. Investigators then send letters to offenders asking them to report to local law enforcement to provide a sample, informing them that refusing a legal request to provide a DNA sample is a violation of state law. Attorney General staff conduct direct outreach and work with local law enforcement to contact individuals who do not respond to the letters.
Ferguson’s Survivor Justice Unit
Ferguson’s lawfully owed DNA project is part of his new Survivor Justice Unit. In addition to this project, the unit:
- Assists local law enforcement to investigate sexually motivated homicides. The SJU is currently assisting with two cold sexually motivated homicides: one in King County and one in Port Orchard.
- Helps solve cold cases by assisting with genetic forensic genealogy and other advanced DNA testing. A response that is commonly received from such agencies is that they do not have the resources and or personnel available to delve into cold cases to determine whether such testing would be appropriate. For example, in August, AGO-funded forensic genetic genealogy testing helped Kent police narrow the list of suspects and make an arrest in the 44-year-old murder of Dorothy “Dottie” Silzel. Kenneth Duane Kundert, 65, was arrested in Arkansas on Aug. 20 after DNA on a cigarette butt Kundert discarded matched the profile of the suspect in the crime.
- Stands up for survivors by following up on cold cases from backlogged sexual assault kits. The SJU uses available data to track sexual assault cases and identify serial sex offenders.
The SJU has helped solve dozens of cold case sexual assaults and homicides.
Ferguson requests $534,000 for the upcoming biennium to support the ongoing work of this new unit.
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