OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http: //www. cga. ct. gov/ofa

HB-6489

AN ACT REQUIRING DNA TESTING OF PERSONS ARRESTED FOR THE COMMISSION OF A SERIOUS FELONY.

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 12 $

FY 13 $

Public Safety, Dept.

GF - Cost

522,975

697,300

Judicial Dept.

GF - Savings

15,000

20,000

Correction, Dept.

GF - Savings

6,000

8,000

Comptroller Misc. Accounts (Fringe Benefits)1

GF - Cost

41,700

55,600

Note: GF=General Fund

Municipal Impact:

Municipalities

Effect

FY 12 $

FY 13 $

All Municipalities

STATE MANDATE - Cost

At least 38,925 in aggregate

At least 51,900 in aggregate

Explanation

Summary

The bill will result in an annualized cost of approximately $752,900 (including fringe benefits) to the Department of Public Safety (DPS) associated with an increase in the number of DNA samples that must be taken by law enforcement officers and tested by the forensic science laboratory2. It requires individuals arrested for serious felonies to submit a DNA sample. Under current law, an individual must do so if he or she has been convicted of a felony or a crime requiring registration as a sex offender. The bill also results in a state mandate and an annualized aggregate municipal cost of at least $51,900.

A combined annualized savings of approximately $28,000 will be experienced by the Department of Correction (DOC) and the Judicial Department as the agencies will have to collect fewer DNA samples.

Forensic Laboratory Costs

Based on 2009 data, approximately 9,200 arrests for serious felonies occur annually. Incorporating arrestees of serious felonies into its DNA databank will result in a significant cost to DPS for additional staff; collection supplies; reagents, chemicals and consumables; and equipment. These costs are anticipated to total approximately $749,600 annually ($694,000 DPS; $55,600 fringe benefits).

Expansion of the DNA databank could also require upgrades to the COLLECT computer system to allow various state agencies collecting DNA samples to have the capability of immediate and direct input of collected information.

State and Local Law Enforcement

The Department of Public Safety will also incur costs of approximately $3,300 to provide the State Police with DNA testing kits. This estimate is based on the need to purchase 5503 kits annually at an average cost of $6. 00.

Municipalities would incur annual costs, estimated at approximately $51,900 in aggregate, to purchase testing kits directly. This estimate is based on 8,650 test kits a year. 4 Additional costs would be incurred to package and deliver samples to the forensic science lab, and support any related overtime work.

Savings from Averted Tests

The Judicial Department will experience savings since the bill would decrease the number of DNA tests that the Judicial Department's Court Support Services Division (or CSSD, which administers probation) must conduct pursuant to PA 03-242. That Act requires the CSSD to perform DNA testing of probationers who have been convicted of a felony or other specific offenses. Savings to the CSSD are estimated to be less than $20,000 annually, as the agency would no longer conduct tests on an estimated 150 individuals at a contracted rate of $128. 60 per sample.

The Department of Correction (DOC) will experience annual savings of approximately $8,000, as it will no longer have to purchase an estimated 1,200 tests kits at a cost of $6. 60 each.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation and arrest rates. Pension related costs for the identified personnel changes will be recognized in the state's annual required pension contribution as of FY 14.

1 The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller. The estimated non-pension fringe benefit cost associated with personnel changes is 23. 76% of payroll in FY 12 and FY 13. In addition, there could be an impact to potential liability for the applicable state pension funds.

2 The processing of DNA samples has been partially funded by $1. 4 million in American Recovery and Reinvestment Act (ARRA) Justice Assistance Grant moneys over the past two years. This ARRA grant is set to expire in June 2011.

3 2009 data indicates that the State Police made approximately 6% of statewide arrests for murder, negligent manslaughter, rape, robbery, burglary and aggravated assault.

4 Local costs would be reduced should the DPS provide testing kits to law enforcement on a statewide basis. However, DPS costs would rise accordingly.