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.

As Amended by House "A" (LCO 7900)

House Calendar No. : 355

Senate Calendar No. : 633

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 12 $

FY 13 $

Public Safety, Dept.

GF - Potential Cost

Up to 1,500

Up to 2,000

Judicial Dept.

GF - Potential Savings

Up to 8,250

Up to 11,000

Correction, Dept.

GF - Potential Savings

Up to 3,375

Up to 4,500

Note: GF=General Fund

Municipal Impact:

Municipalities

Effect

FY 12 $

FY 13 $

All Municipalities

Potential Cost

Up to 23,625 in aggregate

Up to 31,500 in aggregate

Explanation

Summary

The bill results in a potential annualized aggregate municipal cost of up to $31,500 and a potential cost to the Department of Public Safety (DPS) of approximately $2,000 annually associated with an increased number of DNA samples that could be taken by law enforcement officers. It requires law enforcement agencies to take a DNA sample, if resources allow, from individuals arrested for serious felonies. 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.

A combined potential annualized savings of approximately $15,500 will be experienced by the Department of Correction (DOC) and the Judicial Department as the agencies will have to collect fewer DNA samples to the extent that DPS processes samples collected under the bill.

State and Local Law Enforcement

The Department of Public Safety will potentially incur costs of approximately $2,000 to provide the State Police with DNA testing kits. This estimate is based on the need to purchase 3301 kits annually at an average cost of $6. 00 if all such arrestees are tested.

It should be noted that the bill requires the forensic laboratory under DPS to process DNA samples, only if available resources allow. It is uncertain how many samples DPS will process, as no funding was included in PA 11-6 (the biennial budget) for the purpose of testing the samples collected under the bill.

Municipalities may incur annual costs to purchase testing kits directly. If all such arrestees are tested, the estimated cost to municipalities is approximately $31,500 in aggregate. This estimate is based on 5,190 serious felony arrests with a prior conviction per year. 2 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 potential savings since the bill may 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. To the extent that DPS processes the samples collected under the bill, the savings to the CSSD are estimated to be up to $11,000 annually. If DPS processes all collected samples, CSSD would no longer conduct tests on an estimated 85 individuals at a contracted rate of $128. 60 per sample.

The Department of Correction (DOC) will experience annual potential savings of up to $4,500, as it may no longer have to purchase an estimated 675 tests kits at a cost of $6. 60 each if DPS processes all collected samples.

House “A” reduces the cost associated with the original bill by $563,175 in FY 12 and $750,900 in FY 13 by 1) restricting the collection of DNA samples to those with a prior felony conviction and 2) permitting the Department of Public Safety to process samples only if available resources allow.

The amendment also eliminates a mandated cost to municipalities and instead results in a potential cost by requiring law enforcement agencies to collect a sample from certain arrestees only if such resources are available. To the extent that law enforcement agencies purchase DNA sampling kits to test these certain arrestees, there may be a fiscal impact. The potential annualized aggregate municipal cost could be up to $31,150 if all municipal law enforcement agencies purchase enough kits to test all of the arrestees.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation and arrest rates.

1 2009 data indicates that the State Police made approximately 6% of statewide arrests for murder, negligent manslaughter, rape, robbery, burglary and aggravated assault.

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